(a)        If a retailer willfully and knowingly violates the provisions of N.C. Gen. Stat. § 90-113.52, 90-113.52A, 90-113.53, or 90-113.54, the retailer shall be guilty of a Class A1 misdemeanor for the first offense and a Class I felony for a second or subsequent offense. A retailer convicted of a third offense occurring on the premises of a single establishment shall be prohibited from making pseudoephedrine products available for sale at that establishment.

(b)        Any purchaser or employee who willfully and knowingly violates N.C. Gen. Stat. § 90-113.52A, N.C. Gen. Stat. § 90-113.52(c) or N.C. Gen. Stat. § 90-113.53 shall be guilty of a Class 1 misdemeanor for the first offense, a Class A1 misdemeanor for a second offense, and a Class I felony for a third or subsequent offense. This subsection shall not be construed to apply to bona fide innocent purchasers.

(c)        A retailer who fails to train employees in accordance with N.C. Gen. Stat. § 90-113.55, adequately supervise employees in transactions involving pseudoephedrine products, or reasonably discipline employees for violations of this Article shall be fined up to five hundred dollars ($500.00) for the first violation, up to seven hundred fifty dollars ($750.00) for the second violation, and up to one thousand dollars ($1,000) for a third or subsequent violation of this section. ?(2005-434, s. 1; 2011-240, s. 3.)

Attorney's Note

Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class I felonybetween 3 and 12 months
Class A1 misdemeanorup to 150 days
Class 1 misdemeanorup to 120 days
For details, see § 15A-1340.17 and § 15A-1340.23

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