NC H425

Establishes new violations under G.S. 90-108 for making, distributing, or possessing items designed to create counterfeit controlled substances, including punches, dies, plates, or stones used to reproduce trademark or identifying marks on drugs.

Creates violation for possessing equipment or materials used to manufacture counterfeit controlled substances, including three-neck round-bottom flasks, tableting machines, encapsulating machines, gelatin capsules, and related chemicals, when knowing or having reasonable cause to believe they will be used to manufacture counterfeit drugs.

Creates separate violation for manufacturing, distributing, exporting, or importing the same equipment and materials with knowledge or reasonable belief they will be used to manufacture counterfeit controlled substances.

Establishes penalties of Class D felony for violations of the new equipment and materials provisions, with Class 1 misdemeanor as the baseline penalty for other counterfeit substance violations, elevating to Class I felony if intentional conduct is alleged and proven.

Becomes effective December 1, 2023, and applies to offenses committed on or after that date.