GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999

SESSION LAW 1999-165
SENATE BILL 920

AN ACT TO UPDATE THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT TO ACCURATELY REFLECT THE CURRENT SCHEDULING OF CONTROLLED SUBSTANCES, AS SCHEDULED BY THE DRUG ENFORCEMENT ADMINISTRATION AND TO PROHIBIT TRAFFICKING IN METHYLENEDIOXYAMPHETAMINE (MDA) OR METHYLENEDIOXYMETHAMPHETAMINE (MDMA).

The General Assembly of North Carolina enacts:

Section 1.  G.S.  90-89 reads as rewritten:
"§ 90-89.  Schedule I controlled substances.
This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a high potential for abuse, no currently accepted medical use in the United States, or a lack of accepted safety for use in treatment under medical supervision. The following controlled substances are included in this schedule:
(1)	Any of the following opiates, including the isomers, esters, ethers, salts and salts of isomers, esters, and ethers, unless specifically excepted, or listed in another schedule, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
a.	Acetyl-alpha-methylfentanyl (N[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide).
b.	Acetylmethadol.
c.	Repealed by Session Laws 1987, c. 412, s. 2.
d.	Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide).
e.	Allylprodine.
f.	Alphacetylmethadol.
g.	Alphameprodine.
h.	Alphamethadol.
i.	Alpha-methylfentanyl (N-(1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl) propionalilide; 1(1-methyl-2-phenyl-ethyl)-4-(N-propanilido) piperidine).
j.	Benzethidine.
k.	Betacetylmethadol.
l.	Beta-hydroxfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide).
m.	Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide).
n.	Betameprodine.
o.	Betamethadol.
p.	Betaprodine.
q.	Clonitazene.
r.	Dextromoramide.
s.	Diampromide.
t.	Diethylthiambutene.
u.	Difenoxin.
v.	Dimenoxadol.
w.	Dimepheptanol.
x.	Dimethylthiambutene.
y.	Dioxaphetyl butyrate.
z.	Dipipanone.
aa.	Ethylmethylthiambutene.
bb.	Etonitazene.
cc.	Etoxeridine.
dd.	Furethidine.
ee.	Hydroxypethidine.
ff.	Ketobemidone.
gg.	Levomoramide.
hh.	Levophenacylmorphan.
ii.	1-methyl-4-phenyl-4-propionoxypiperidine (MPPP).
jj.	3-Methylfentanyl (N-[3-methyl-1-(2-Phenylethyl)-4-Pi- peridyl]-N-Phenylpropanamide).
kk.	3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)-ethyl-4-piperidinyl]-N-phenylpropanamide).
ll.	Morpheridine.
mm.	Noracymethadol.
nn.	Norlevorphanol.
oo.	Normethadone.
pp.	Norpipanone.
qq.	Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]-propanamide.
rr.	Phenadoxone.
ss.	Phenampromide.
tt.	1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine (PEPAP).
uu.	Phenomorphan.
vv.	Phenoperidine.
ww.	Piritramide.
xx.	Proheptazine.
yy.	Properidine.
zz.	Propiram.
aaa.	Racemoramide.
bbb.	Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide.
ccc.	Tilidine.
ddd.	Trimeperidine.
(2)	Any of the following opium derivatives, including their salts, isomers, and salts of isomers, unless specifically excepted, or listed in another schedule, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
a.	Acetorphine.
b.	Acetyldihydrocodeine.
c.	Benzylmorphine.
d.	Codeine methylbromide.
e.	Codeine-N-Oxide.
f.	Cyprenorphine.
g.	Desomorphine.
h.	Dihydromorphine.
i.	Etorphine (except hydrochloride salt).
j.	Heroin.
k.	Hydromorphinol.
l.	Methyldesorphine.
m.	Methyldihydromorphine.
n.	Morphine methylbromide.
o.	Morphine methylsulfonate.
p.	Morphine-N-Oxide.
q.	Myrophine.
r.	Nicocodeine.
s.	Nicomorphine.
t.	Normorphine.
u.	Pholcodine.
v.	Thebacon.
w.	Drotebanol.
(3)	Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers, unless specifically excepted, or listed in another schedule, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
a.	3, 4-methylenedioxyamphetamine.
b.	5-methoxy-3, 4-methylenedioxyamphetamine.
c.	3, 4-Methylenedioxymethamphetamine (MDMA).
d.	3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4-(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, and MDEA).
e.	N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4-(methylenedioxy)phenethylamine, and N-hydroxy MDA).
f.	3, 4, 5-trimethoxyamphetamine.
g.	Alpha-ethyltryptamine. Some trade or other names: etryptamine, Monase, alpha-ethyl-1H-indole-3-ethanamine, 3-(2-aminobutyl) indole, alpha-ET, and AET.
h.	Bufotenine.
i.	Diethyltryptamine.
j.	Dimethyltryptamine.
k.	4-methyl-2, 5-dimethoxyamphetamine.
l.	Ibogaine.
m.	Lysergic acid diethylamide.
n.	Mescaline.
o.	Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not; the seeds thereof; any extract from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seed or extracts.
p.	N-ethyl-3-piperidyl benzilate.
q.	N-methyl-3-piperidyl benzilate.
r.	Psilocybin.
s.	Psilocin.
t.	2, 5-dimethoxyamphetamine.
u.	2, 5-dimethoxy-4-ethylamphetamine. Some trade or other names: DOET.
v.	4-bromo-2, 5-dimethoxyamphetamine.
w.	4-methoxyamphetamine.
x.	Ethylamine analog of phencyclidine. Some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE.
y.	Pyrrolidine analog of phencyclidine. Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP.
z.	Thiophene analog of phencyclidine. Some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP.
aa.	1-[1-(2-thienyl)cyclohexyl]pyrrolidine; Some other names: TCPy.
bb.	Parahexyl.
cc.	4-Bromo-2, 5-Dimethoxyphenethylamine.
(4)	Any material compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, unless specifically excepted or unless listed in another schedule:
a.	Mecloqualone.
b.	Methaqualone.
(5)	Stimulants. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
a.	Aminorex. Some trade or other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenly-2-oxazolamine.
b.	Cathinone. Some trade or other names: 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,  2-aminopropiophenone, and norephedrone.
c.	Fenethylline.
d.	Methcathinone. Some trade or other names: 2- (methylamino)-propiophenone, alpha- (methylamino)propiophenone, 2-(methylamino)-1- phenylpropan-1-one, alpha-N-methylaminopropiophenone, monomethylproprion, ephedrone, N-methylcathinone, methylcathinone, AL-464, AL-422, AL-463, and UR1432.
e.	(+/-)cis-4-methylaminorex [(+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine]  (also known as 2-amino-4-methyl-5-phenyl-2-oxazoline).
f.	N,N-dimethylamphetamine. Some other names: N,N,alpha-trimethylbenzeneethaneamine; N,N,alpha-trimethylphenethylamine.
g.	N-ethylamphetamine."
Section 2.  G.S.  90-90 reads as rewritten:
"§ 90-90.  Schedule II controlled substances.
This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a high potential for abuse; currently accepted medical use in the United States, or currently accepted medical use with severe restrictions; and the abuse of the substance may lead to severe psychic or physical dependence. The following controlled substances are included in this schedule:
(1)	Any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, unless specifically excepted or unless listed in another schedule:
a.	Opium and opiate, and any salt, compound, derivative, or preparation of opium and opiate, excluding apomorphine, nalbuphine, dextrorphan, naloxone, naltrexone and nalmefene, and their respective salts, but including the following:
1.	Raw opium.
2.	Opium extracts.
3.	Opium fluid extracts.
4.	Powdered opium.
5.	Granulated opium.
6.	Tincture of opium.
7.	Codeine.
8.	Ethylmorphine.
9.	Etorphine hydrochloride.
10.	Hydrocodone.
11.	Hydromorphone.
12.	Metopon.
13.	Morphine.
14.	Oxycodone.
15.	Oxymorphone.
16.	Thebaine.
b.	Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph 1 of this subdivision, except that these substances shall not include the isoquinoline alkaloids of opium.
c.	Opium poppy and poppy straw.
d.	Cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocanized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.
e.	Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrine alkaloids of the opium poppy).
(2)	Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation unless specifically exempted or listed in other schedules:
a.	Alfentanil.
b.	Alphaprodine.
c.	Anileridine.
d.	Bezitramide.
e.	Carfentanil.
f.	Dihydrocodeine.
g.	Diphenoxylate.
h.	Fentanyl.
i.	Isomethadone.
j.	Levo-alphacetylmethadol. Some trade or other names: levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM.
k.	Levomethorphan.
l.	Levorphanol.
m.	Metazocine.
n.	Methadone.
o.	Methadone – Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane.
p.	Moramide – Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid.
q.	Pethidine.
r.	Pethidine – Intermediate – A, 4-cyano-1-methyl-4-phenylpiperidine.
s.	Pethidine – Intermediate – B, ethyl-4-phenylpiperidine-4-carboxylate.
t	Pethidine – Intermediate – C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.
u	Phenazocine.
v.	Piminodine.
w.	Racemethorphan.
x.	Racemorphan.
y.	Remifentanil.
z.	Sufentanil.
(3)	Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system unless specifically exempted or listed in another schedule:
a.	Amphetamine, its salts, optical isomers, and salts of its optical isomers.
b.	Phenmetrazine and its salts.
c.	Methamphetamine, including its salts, isomers, and salts of isomers.
d.	Methylphenidate.
e.	Phenylacetone. Some trade or other names: Phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.
(4)	Any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, unless specifically exempted by the Commission or listed in another schedule:
a.	Amobarbital
b.	Glutethimide
c.	Repealed by Session Laws 1983, c. 695, s. 2.
d.	Pentobarbital
e.	Phencyclidine
f.	Phencyclidine immediate precursors:
a.	1-Phenylcyclohexylamine
b.	1-Piperidinocyclohexanecarbonitrile (PCC)
g.	Secobarbital.
(5)	Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers, unless specifically excepted, or listed in another schedule, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
a.	Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product. [Some other names:(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d] pyra n-1-o1, or (-)-delta-9-(trans)-tetrahydrocannabinol].
b.	Nabilone [Another name for nabilone: (+/-)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]." 
Section 3.  G.S. 90-92(a) reads as rewritten:
"(a)	This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a low potential for abuse relative to the substances listed in Schedule III of this Article; currently accepted medical use in the United States; and limited physical or pyschological dependence relative to the substances listed in Schedule III of this Article. The following controlled substances are included in this schedule:
(1)	Depressants. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
a.	Alprazolam.
b.	Barbital.
c.	Bromazepam.
d.	Camazepam.
e.	Chloral betaine.
f.	Chloral hydrate.
g.	Chlordiazepoxide.
h.	Clobazam.
i.	Clonazepam.
j.	Clorazepate.
k.	Clotiazepam.
l.	Cloxazolam.
m.	Delorazepam.
n.	Diazepam.
o.	Estazolam.
p.	Ethchlorvynol.
q.	Ethinamate.
r.	Ethyl loflazepate.
s.	Fludiazepam.
t.	Flunitrazepam.
u.	Flurazepam.
v.	Gamma Hydroxybutyric Acid.
w.	Halazepam.
x.	Haloxazolam.
y.	Ketazolam.
z.	Loprazolam.
aa.	Lorazepam.
bb.	Lormetazepam.
cc.	Mebutamate.
dd.	Medazepam.
ee.	Meprobamate.
ff.	Methohexital.
gg.	Methylphenobarbital (mephobarbital).
hh.	Midazolam.
ii.	Nimetazepam.
jj.	Nitrazepam.
kk.	Nordiazepam.
ll.	Oxazepam.
mm.	Oxazolam.
nn.	Paraldehyde.
oo.	Petrichloral.
pp.	Phenobarbital.
qq.	Pinazepam.
rr.	Prazepam.
ss.	Quazepam.
tt.	Temazepam.
uu.	Tetrazepam.
vv.	Triazolam.
ww.	Zolpidem.
(2)	Any material, compound, mixture, or preparation which contains any of the following substances, including its salts, or isomers and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible:
a.	Fenfluramine.
b.	Pentazocine.
(3)	Stimulants. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
a.	Diethylpropion.
b.	Mazindol.
c.	Pemoline (including organometallic complexes and chelates thereof).
d.	Phentermine.
e.	Cathine.
f.	Fencamfamin.
g.	Fenproporex.
h.	Mefenorex.
i.	Sibutramine.
(4)	Other Substances. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:
a.	Dextropropoxyphene (Alpha-(plus)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane).
b.	Pipradrol.
c.	SPA ((-)-1-dimethylamino-1, 2-diphenylethane).
d.	Butorphanol.
(5)	Narcotic Drugs. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
a.	Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
b.	Buprenorphine."
Section 4.  G.S. 90-95(h) reads as rewritten:
"(h)	Notwithstanding any other provision of law, the following provisions apply except as otherwise provided in this Article.
(1)	Any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as 'trafficking in marijuana' and if the quantity of such substance involved:
a.	Is in excess of 10 pounds, but less than 50 pounds, such person shall be punished as a Class H felon and shall be sentenced to a minimum term of 25 months and a maximum term of 30 months in the State's prison and shall be fined not less than five thousand dollars ($5,000);
b.	Is 50 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
c.	Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
d.	Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(2)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of methaqualone, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in methaqualone' and if the quantity of such substance or mixture involved:
a.	Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 10,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or any coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, and any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocainized coca leaves or any extraction of coca leaves which does not contain cocaine) or any mixture containing such substances, shall be guilty of a felony, which felony shall be known as 'trafficking in cocaine' and if the quantity of such substance or mixture involved:
a.	Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 400 grams or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(3a)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in amphetamine' and if the quantity of such substance or mixture involved:
a.	Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 10,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3b)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of methamphetamine shall be guilty of a felony which felony shall be known as 'trafficking in methamphetamine' and if the quantity of such substance or mixture involved:
a.	Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 400 grams or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(4)	Any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate (except apomorphine, nalbuphine, analoxone and naltrexone and their respective salts), including heroin, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in opium or heroin' and if the quantity of such controlled substance or mixture involved:
a.	Is four grams or more, but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 117 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 279 months in the State's prison and shall be fined not less than five hundred thousand dollars ($500,000).
(4a)	Any person who sells, manufactures, delivers, transports, or possesses 100 tablets, capsules, or other dosage units, or the equivalent quantity, or more, of Lysergic Acid Diethylamide, or any mixture containing such substance, shall be guilty of a felony, which felony shall be known as 'trafficking in Lysergic Acid Diethylamide'. If the quantity of such substance or mixture involved:
a.	Is 100 or more dosage units, or equivalent quantity, but less than 500 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 500 or more dosage units, or equivalent quantity, but less than 1,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 1,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(4b)	Any person who sells, manufactures, delivers, transports, or possesses 100 or more tablets, capsules, or other dosage units, or 28 grams or more of 3,4-methylenedioxyamphetamine (MDA), including its salts, isomers, and salts of isomers, or 3,4-methylenedioxymethamphetamine (MDMA), including its salts, isomers, and salts of isomers, or any mixture containing such substances, shall be guilty of a felony, which felony shall be known as 'trafficking in MDA/MDMA.'  If the quantity of the substance or mixture involved:
a.	Is 100 or more tablets, capsules, or other dosage units, but less than 500 tablets, capsules, or other dosage units, or 28 grams or more, but less than 200 grams, the person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 500 or more tablets, capsules, or other dosage units, but less than 1,000 tablets, capsules, or other dosage units, or 200 grams or more, but less than 400 grams, the person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 1,000 or more tablets, capsules, or other dosage units, or 400 grams or more, the person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred fifty thousand dollars ($250,000).
(5)	Except as provided in this subdivision, a person being sentenced under this subsection may not receive a suspended sentence or be placed on probation. The sentencing judge may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and place a person on probation when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators, or principals if the sentencing judge enters in the record a finding that the person to be sentenced has rendered such substantial assistance.
(6)	Sentences imposed pursuant to this subsection shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder."
Section 5.  Sections 1 through 3 of this act are effective when the act becomes law. Section 4 of this act becomes effective December 1, 1999, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 31st day of May, 1999.

s/	Marc Basnight
President Pro Tempore of the Senate

s/	James B. Black
Speaker of the House of Representatives

s/	James B. Hunt, Jr.
Governor

Approved 5:35 p.m. this 8th day of June, 1999