NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 620
HOUSE BILL 618

AN ACT TO AMEND ARTICLE 5A OF CHAPTER 90 OF THE GENERAL STATUTES RELATING TO BARBITURATE AND STIMULANT DRUGS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 90-113.2 is hereby amended by adding to the end thereof two new subdivisions to read as follows:
"(5)	For any person to possess for the purpose of sale, barter, exchange, dispensing, supplying, giving away, or furnishing any barbiturate or stimulant drugs; and, provided, the possession of one hundred or more tablets, capsules or other dosage forms containing either barbiturate or stimulant drugs, or a combination of both, shall be prima facie evidence that such possession is for the purpose of sale, barter, exchange, dispensing, supplying, giving away, or furnishing.
"(6)	For any person to possess a hypodermic syringe or needle, or any instrument or implement adapted for the use of barbiturate or stimulant drugs by subcutaneous, intramuscular, or intravenous injections and which is possessed for the purpose of administering barbiturate or stimulant drugs, unless such possession be authorized by the certificate of a physician issued within the period of one year prior thereto."
Sec. 2.  G.S. 90-113.3(a) is hereby amended by striking the words and figures "subdivisions (1) and (3)" appearing in lines 1 and 2, and substituting in lieu thereof the words and figures "subdivisions (1), (3), (5) and (6)".
Sec. 3.  G.S. 90-113.5 is hereby amended by rewriting the Section to read as follows:
"§ 90-113.5.  Retention of Invoices, Prescriptions and Records by Persons within Exemption; to be Open to Inspection by Officials. Persons, other than carriers, to whom the exemptions to this Article are applicable shall retain all invoices, prescriptions, orders, and records relating to barbiturate or stimulant drugs manufactured, purchased, sold or handled for not less than two calendar years after the date of the transaction shown by such invoice. No separate records, nor set form or forms for any of the foregoing records, shall be required as long as records containing the required information are available. All records, including prescriptions, orders, and invoices and stocks of barbiturate and stimulant drugs, shall be open for inspection, at reasonable times, only to Federal and State officers whose duty it is to enforce the laws of the State or of the United States relating to barbiturate or stimulant drugs. No officer having knowledge by virtue of his office of any such prescription, order, invoice, or record shall divulge such knowledge except in connection with a prosecution or proceeding in court, or before a licensing board or officer to which prosecution or proceeding the person to whom such prescriptions, orders, invoices or records relate is a party."
Sec. 4.  G.S. 90-113.7 is hereby redesignated as G.S. 90-113.8 and is rewritten to read as follows:
"§ 90-113.8.  Penalties for Violation. (a) Any person who violates, or who conspires with, aids, abets, or procures another to violate, G.S. 90-113.2(5) relating to the illegal possession for the purpose of sale, barter, exchange, dispensing, supplying, giving away, or furnishing of barbiturate or stimulant drugs, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than six months, nor more than five years. Upon a second or subsequent conviction for a violation of G.S. 90-113.2(5) the punishment shall be imprisonment for not less than one nor more than ten years.
"(b)	Any person who violates, or conspires with, aids, abets, or procures another to violate, any provision of this Article, other than G.S. 90-113.2(5), shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than two years, or both, in the discretion of the court. Upon a second or subsequent conviction for a violation of any provision of this Article, other than G.S. 90-113.2(5), the defendant shall be guilty of a felony and shall be fined or imprisoned, or both, in the discretion of the court.
"(c)	For the purpose of ascertaining whether a conviction is a second or subsequent conviction within the meaning of this Section, a conviction for the violation of any law of the United States, or any other state, which violation would have been punishable under this Article if the offending act had been committed in this State, shall be deemed to be a prior conviction."
Sec. 5.  Article 5A of Chapter 90 of the General Statutes is hereby amended by inserting a new Section to be designated Section 90-113.7 immediately following G.S. 90‑113.6 which shall read as follows:
"G.S. 90-113.7.  Seizure and Forfeiture of Vehicles, Vessels or Aircraft Unlawfully Used to Conceal, Convey or Transport Barbiturate or Stimulant Drugs. (a) Except under circumstances authorized in this Article, it shall be unlawful:
(1)	To transport, carry, or convey any barbiturate or stimulant drug in, upon, or by means of any vehicle, vessel or aircraft; or
(2)	To conceal or possess any barbiturate or stimulant drug in or upon any vehicle, vessel or aircraft, or upon the person of anyone in or upon any vehicle, vessel or aircraft; or
(3)	To use any vehicle, vessel or aircraft to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any barbiturate or stimulant drug.
"(b)	Any vehicle, vessel or aircraft which has been, or is being used in violation of subsection (a), except a vehicle, vessel or aircraft having an empty gross weight of more than 7,000 pounds and operated by a person other than the registered owner, shall be seized by any peace officer, and forfeited as in the case of vehicles, vessels or aircraft unlawfully used to conceal, convey or transport intoxicating beverages, or after forfeiture, in the discretion of the presiding judge and upon application of the State Bureau of Investigation said vehicle, vessel or aircraft may be transferred to the said State Bureau of Investigation for use in official investigations of violations of this Article."
Sec. 6.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 7.  This Act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 19th day of May, 1965.