Current through Session Law 2024-58
Section 90-92 - Schedule IV controlled substances(a) This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a low potential for abuse relative to the substances listed in Schedule III of this Article; currently accepted medical use in the United States; and limited physical or pyschological dependence relative to the substances listed in Schedule III of this Article. The following controlled substances are included in this schedule:(1) Depressants. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:v. Repealed by Session Laws 2000, c. 140, s. 92.2(c), effective December 1, 2000.gg. Methylphenobarbital (mephobarbital).zz. Designer benzodiazepines. - Unless specifically excepted or listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, derivative, mixture, or preparation, including its salts, isomers, salts of isomers, halogen analogues, or homologues, whenever the existence of such salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation, structurally derived from 1,4 benzodiazepine by substitution at the 5 position with a phenyl ring system (which may be further substituted), whether or not the compound is further modified in any of the following ways: 1. By substitution at the 2 position with a ketone;2. By substitution at the 3 position with a hydroxyl group or ester group, which itself may be further substituted;3. By a fused triazole ring at the 1,2 position, which itself may be further substituted;4. By a fused imidazole ring at the 1,2 position, which itself may be further substituted;5. By a fused oxazolidine ring at the 4,5 position, which itself may be further substituted;6. By a fused oxazine ring at the 4,5 position, which itself may be further substituted;7. By substitution at the 7 position with a nitro group;8. By substitution at the 7 position with a halogen group; or9. By substitution at the 1 position with an alkyl group, which itself may be further substituted.(2) Any material, compound, mixture, or preparation which contains any of the following substances, including its salts, or isomers and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: a. Fenfluramine. For this compound, the term "isomer" includes the optical, positional, or geometric isomer.(3) Stimulants. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:c. Pemoline (including organometallic complexes and chelates thereof).(4) Other Substances. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:a. Dextropropoxyphene (Alpha-(plus)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane).c. SPA ((-)-1-dimethylamino-1, 2-diphenylethane).(5) Narcotic Drugs. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: a. Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.b. Repealed by Session Laws 2017-115, s. 6, effective December 1, 2017, and applicable to offenses committed on or after that date.c. 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers (including tramadol).(b) The Commission may by regulation except any compound, mixture, or preparation containing any stimulant or depressant substance listed in this schedule from the application of all or any part of this Article if the compound, mixture, or preparation contains one or more active, nonnarcotic, medicinal ingredients not having a stimulant or depressant effect on the central nervous system; provided, that such admixtures shall be included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a stimulant or depressant effect on the central nervous system.Amended by 2021 N.C. Sess. Laws 155,s. 6, eff. 12/1/2021, and applies to offenses committed on or after that date.Amended by 2017 N.C. Sess. Laws 212,s. 8.8-a,s. 8.8-b, eff. 12/1/2017.Amended by 2017 N.C. Sess. Laws 115,s. 6, eff. 12/1/2017.Amended by 2001-233, s. 4, eff. 6/21/2001. 1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 1358, ss. 8, 15; c. 1446, s. 5; 1975, cc. 401, 819; 1977, c. 667, s. 3; c. 891, s. 3; 1979, c. 434, ss.4 - 6; 1981, c. 51, s. 9; 1985, c. 172, ss.6 - 8; 439, s. 1; 1987, c. 412, ss.11, 12; 1993, c. 319, s. 6; 1995, c. 509, s. 38; 1997-456, s. 27; 1997-501, s. 1; 1999-165, s. 3; 2000-140, s. 92.2(c).