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Bill > H258


NC H258

NC H258
Novel Opioid Control Act of 2023


summary

Introduced
03/01/2023
In Committee
06/26/2023
Crossed Over
03/16/2023
Passed
Dead
12/13/2024

Introduced Session

2023-2024 Session

Bill Summary

AN ACT TO UPDATE THE STATE CONTROLLED SUBSTANCES ACT; TO INCREASE THE FINE IMPOSED ON PERSONS CONVICTED OF TRAFFICKING IN HEROIN, FENTANYL, OR CARFENTANIL; TO MODIFY THE OFFENSE OF DEATH BY DISTRIBUTION TO INCLUDE THE UNLAWFUL DELIVERY AND INGESTION OF CERTAIN CONTROLLED SUBSTANCES THAT PROXIMATELY CAUSES THE DEATH OF A PERSON AND TO INCREASE THE PUNISHMENTS FOR A PERSON WHO COMMITS THE OFFENSE OF DEATH BY DISTRIBUTION; TO ADD POSSESSION OF LESS THAN ONE GRAM OF ANY CONTROLLED SUBSTANCE TO THE LIST OF OFFENSES FOR WHICH LIMITED IMMUNITY FROM PROSECUTION APPLIES FOR AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE; AND TO CREATE THE TASK FORCE ON ENFORCEMENT OF FENTANYL AND HEROIN DRUG VIOLATIONS.

AI Summary

This bill: 1. Adds several new opioids and opioid-like substances to the state's list of controlled substances, including various fentanyl derivatives, nitazene derivatives, and other synthetic opioids. This expands the scope of drugs covered under state law. 2. Significantly increases the fines for trafficking offenses involving heroin, fentanyl, or carfentanil, raising the minimum fines from $50,000 to $500,000 for smaller amounts, $100,000 to $750,000 for larger amounts, and $500,000 to $1,000,000 for the largest amounts. This aims to deter the distribution of these highly potent and dangerous opioids. 3. Expands the "death by distribution" offense to cover situations where the unlawful delivery of certain controlled substances, even without malice, proximately causes the user's death. It also creates a new, more severe "death by distribution with malice" offense. These changes increase the potential punishments for drug dealers whose actions lead to overdose deaths. 4. Extends the state's "good Samaritan" immunity law to cover possession of any controlled substance, not just limited amounts of cocaine and heroin. This is intended to encourage people to seek medical help for overdoses without fear of prosecution for minor drug possession. 5. Establishes a task force to study ways to enhance law enforcement's ability to combat the illegal manufacturing, importation, and distribution of fentanyl, heroin, and similar drugs across the state. Overall, this bill aims to strengthen North Carolina's legal framework for addressing the ongoing opioid crisis by expanding the controlled substances schedule, increasing penalties for high-risk drug trafficking, expanding liability for overdose deaths, and encouraging reporting of overdoses.

Committee Categories

Government Affairs, Health and Social Services, Justice

Sponsors (25)

Last Action

Re-ref Com On Rules and Operations of the Senate (on 06/26/2023)

bill text


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