NC H756

Permits results of spectral fluorescence signature analysis as evidence in court for prosecuting controlled substance violations involving heroin, MDMA, cocaine, methamphetamine, and marijuana.

Requires the Department of Health and Human Services to establish a permit program with qualifications and acceptable methods for conducting spectral fluorescence signature analysis, with application fees not to exceed $100.

Makes analysis results inadmissible if the defendant objects and demonstrates that required preventive maintenance on the instrument was not performed within Department-prescribed time limits.

Requires courts to take judicial notice of Department rules, permit lists, maintenance records, analyst qualifications, and instrument maintenance compliance.

Becomes effective October 1, 2011.