NC H685

Repeals G.S. 90-94(3) and creates new section G.S. 90-94.1 to regulate imitation controlled substances.

Defines "imitation controlled substance" as a pill, capsule, tablet, or substance that is not a controlled substance but purports to act as a stimulant or depressant and has a chemical structure that is a derivative of or substantially similar to a controlled substance.

Criminalizes knowing manufacture, delivery, sale, import/export, or possession with intent to sell an imitation controlled substance as a Class H felony.

Makes it a Class 1 misdemeanor to intentionally consume, inhale, inject, or ingest an imitation controlled substance for purposes of intoxication or altering mental/sensory processes, or to possess such substance for that purpose.

Effective December 1, 2013, and applies only to offenses committed on or after that date, with prior prosecutions unaffected.