GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 384
AN ACT TO AUTHORIZE FEES FOR REGISTRANTS UNDER THE CONTROLLED SUBSTANCES ACT.
The General Assembly of North Carolina enacts:
Section 1. G.S. 90-100 reads as rewritten:
"§ 90-100.
Rules and regulations. Rules.
The Commission is authorized to promulgate rules and
regulations may adopt rules relating to the registration and control
of the manufacture, distribution, security, and dispensing of controlled
substances within this State."
Sec. 2. G.S. 90-101 reads as rewritten:
"§ 90-101.
Annual registration and fee to manufacture, etc., controlled
substances generally; engage in listed activities with controlled
substances; effect of registration; exceptions; waiver; inspection.
(a) Every person who
manufactures, distributes, dispenses dispenses, or conducts
research with any controlled substance within this State or who proposes to
engage in the manufacture, distribution, dispensing of, or the conduct of
research with any controlled substance within this State, any of these
activities shall obtain annually a registration issued by register
with the North Carolina Department of Human Resources Resources, in
accordance with rules and regulations promulgated adopted by the Commission.
Commission, and shall pay the registration fee set by the Commission for
the category to which the applicant belongs. An applicant for
registration shall file an application for registration with the Department of
Human Resources and submit the required fee with the application. The
categories of applicants and the maximum fee for each category are as follows:
CATEGORY MAXIMUM FEE
Clinic $150.00
Hospital 350.00
Nursing Home 150.00
Teaching Institution 150.00
Researcher 150.00
Analytical Laboratory 150.00
Distributor 600.00
Manufacturer 700.00.
(b) Persons registered by the North Carolina Department of Human Resources under this Article (including research facilities) to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this Article.
(c) The following persons shall not be required to register and may lawfully possess controlled substances under the provisions of this Article:
(1) An agent, or an employee thereof, of any registered manufacturer, distributor, or dispenser of any controlled substance if such agent is acting in the usual course of his business or employment;
(2) The State courier service operated by the Department of Administration, a common or contract carrier, or a public warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of his business or employment;
(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner;
(4) Repealed by Session Laws 1977, c. 891, s. 4.
(5) Any law-enforcement officer acting within the course and scope of official duties, or any person employed in an official capacity by, or acting as an agent of, any law-enforcement agency or other agency charged with enforcing the provisions of this Article when acting within the course and scope of official duties; and
(6) A practitioner, as defined in G.S. 90-87(22)a., who is required to be licensed in North Carolina by his respective licensing board.
(d) The Commission may,
by regulation, rule, waive the requirement for registration of
certain classes of manufacturers, distributors, or dispensers if it finds it
consistent with the public health and safety.
(e) A separate registration shall be required at each principal place of business, research or professional practice where the registrant manufactures, distributes, dispenses or uses controlled substances.
(f) The North
Carolina Department of Human Resources is authorized to inspect the establishment
of a registrant, applicant for registration, or practitioner in accordance with
rules and regulations promulgated adopted by the Commission.
(g) Practitioners licensed in North Carolina by their respective licensing boards may possess, dispense or administer controlled substances to the extent authorized by law and by their boards.
(h) A physician licensed
by the Board of Medical Examiners pursuant to Article 1 of this Chapter may
possess, dispense or administer tetrahydrocannabinols in duly constituted
pharmaceutical form for human administration for treatment purposes pursuant to
regulations rules adopted by the Commission.
(i) A physician licensed by the Board of Medical Examiners pursuant to Article 1 of this Chapter may dispense or administer Dronabinol or Nabilone as scheduled in G.S. 90-90(e) only as an antiemetic agent in cancer chemotherapy."
Sec. 3. This act becomes effective January 1, 1994, and applies to applications for registration submitted on or after that date.
In the General Assembly read three times and ratified this the 18th day of July, 1993.
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Dennis A. Wicker
President of the Senate