A BILL TO BE ENTITLED
AN ACT to add MDpv to the list of controlled substances under schedule I which makes the unlawful possession, manufacture, or sale or delivery of MDpv criminal offenses and to create the offense of trafficking in mdpv.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑89(5) reads as rewritten:
"(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‑trimethylbenzeneetha neamine; N,N,alpha‑trimethylphenethyla mine.
g.	N‑ethylamphetamine.
h.	3,4‑methylenedioxypyrovalerone (also known as MDPV).
SECTION 2.  G.S. 90‑95(d)(1) reads as rewritten:
"(d)	Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90‑95(a)(3) with respect to:
(1)	A controlled substance classified in Schedule I shall be punished as a Class I felon. However, if the controlled substance is MDPV and the quantity of the MDPV is 1 gram or less, the violation shall be punishable as a Class 1 misdemeanor.
…."
SECTION 3.  G.S. 90‑95(h) is amended by adding a new subdivision to read:
"(3d)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of MDPV or any mixture containing such substance shall be guilty of a felony which felony shall be known as "trafficking in MDPV" 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 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 200 grams or more, but less than 400 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 400 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 at least two hundred fifty thousand dollars ($250,000)."
SECTION 4. This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.