North Carolina General Statutes > Chapter 90 > Article 5 – North Carolina Controlled Substances Act
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Terms Used In North Carolina General Statutes > Chapter 90 > Article 5 - North Carolina Controlled Substances Act
- Acquisition of Controlled Substances: If the application for registration is approved, the registrant may lawfully obtain and possess controlled substances in the manner and to the extent authorized by the registration, in conformity with N. See North Carolina General Statutes 90-102.1
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:
- Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof. See North Carolina General Statutes 90-87
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Bureau: means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice or its successor agency. See North Carolina General Statutes 90-87
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Commercial detection service: means any person, firm, association, or corporation contracting with another person, firm, association, or corporation for a fee or other valuable consideration to place, lease, or rent a trained drug detection dog with a dog handler. See North Carolina General Statutes 90-102.1
- Commission: means the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services established under Part 4 of Article 3 of Chapter 143B of the N. See North Carolina General Statutes 90-87
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor included in Schedules I through VI of this Article. See North Carolina General Statutes 90-87
- Controlled substance: means a drug, substance, or immediate precursor included in Schedules I through VI of this Article. See North Carolina General Statutes 90-87
- Controlled substance analogue: means a substance (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II; (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; and does not include (i) a controlled substance; (ii) any substance for which there is an approved new drug application; (iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under ? 355 of Title 21 of the United States Code to the extent conduct with respect to such substance is pursuant to such exemption; or (iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance. See North Carolina General Statutes 90-87
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Counterfeit controlled substance: means :
- Criminal Record Check: The Department of Public Safety may provide a criminal record check to the Department of Health and Human Services for a person who has applied for a new or renewal registration. See North Carolina General Statutes 90-102.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Definitions: As used in this Article:
(1) . See North Carolina General Statutes 90-102.1
- delivery: means the actual constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See North Carolina General Statutes 90-87
- Dependent: A person dependent for support upon another.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See North Carolina General Statutes 90-87
- Dispenser: means a practitioner who dispenses. See North Carolina General Statutes 90-87
- Distribute: means to deliver other than by administering or dispensing a controlled substance. See North Carolina General Statutes 90-87
- Distributor: means a person who distributes. See North Carolina General Statutes 90-87
- Dog handler: means a person trained in the handling of drug detection dogs, including the care, feeding, and maintenance of drug detection dogs and the procedures necessary to train and control the behavior of drug detection dogs. See North Carolina General Statutes 90-102.1
- Drug: means a. See North Carolina General Statutes 90-87
- Drug detection dog: means a dog trained to locate controlled substances by scent. See North Carolina General Statutes 90-102.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Hemp: means the plant Cannabis sativa (L. See North Carolina General Statutes 90-87
- Hemp products: means all products made from hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and verified propagules for cultivation if the seeds originate from hemp varieties. See North Carolina General Statutes 90-87
- Immediate precursor: means a substance which the Commission has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture. See North Carolina General Statutes 90-87
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- isomer: means the optical isomer, unless otherwise specified. See North Carolina General Statutes 90-87
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance by any means, whether directly or indirectly, artificially or naturally, or by extraction from substances of a natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis; and "manufacture" further includes any packaging or repackaging of the substance or labeling or relabeling of its container except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:
- Marijuana: means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. See North Carolina General Statutes 90-87
- Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
- Notice of Disclosure Requirement: A dog handler shall provide conspicuous written notice to clients at the dog handler's place of business and in the contract for services stating that the dog handler is required by law to notify law enforcement of any dog alert or finding of a controlled substance. See North Carolina General Statutes 90-102.1
- Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See North Carolina General Statutes 90-87
- Opioid: means any synthetic narcotic drug having opiate-like activities but is not derived from opium. See North Carolina General Statutes 90-87
- Opium poppy: means the plant of the species Papaver somniferum L. See North Carolina General Statutes 90-87
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See North Carolina General Statutes 90-87
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See North Carolina General Statutes 90-87
- Practitioner: means :
- Prerequisites for Registration: Upon receipt of an application, the Department of Health and Human Services shall conduct a background investigation, during the course of which the applicant shall be required to show that the applicant meets all the following requirements and qualifications:
(1) . See North Carolina General Statutes 90-102.1
- Prescription: means :
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See North Carolina General Statutes 90-87
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Registrant: means a person registered by the Commission to manufacture, distribute, or dispense any controlled substance as required by this Article. See North Carolina General Statutes 90-87
- Registration: A dog handler who is not exempt from registration under N. See North Carolina General Statutes 90-102.1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
- State: means the State of North Carolina. See North Carolina General Statutes 90-87
- Statute: A law passed by a legislature.
- Targeted controlled substance: means any controlled substance included in N. See North Carolina General Statutes 90-87
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Ultimate user: means a person who lawfully possesses a controlled substance for his own use, or for the use of a member of his household, or for administration to an animal owned by him or by a member of his household. See North Carolina General Statutes 90-87
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Verdict: The decision of a petit jury or a judge.