As of November 12, 2026, Ketamine is illegal to sell (federally scheduled; state law on file reads illegal) in North Carolina. Federally Schedule III; lawful possession and use is by prescription or DEA registration only. Controlling source: N.C. Gen. Stat. Sec. 90-91(b) (Schedule III, depressants).
Verified November 12, 2026 (hash check) · confidence: confirmedIs Ketamine Legal? Every state and federal law
North Carolina Ketamine ban status: ban in force
Ketamine is listed in Schedule III at G.S. 90-91(b)12. under a lead-in reaching any material, compound, mixture or preparation containing any quantity of it. Lawful channels are prescription and dispensing by registered practitioners and pharmacies, including the FDA-approved esketamine nasal spray (Spravato, under its federal REMS) and compounded ketamine. The state entry reads only “Ketamine.” with no salts-and-isomers clause, and G.S. 90-87(14a) defines isomer as the optical isomer unless otherwise specified; esketamine is the S-enantiomer and is covered federally by 21 CFR 1308.13(c)(7). Related analogs are named separately in Schedule I: deschloroketamine (90-89(3)hh), methoxetamine (ff) and the substituted phenylcyclohexylamines class (oo). No North Carolina statute or rule specific to ketamine clinics or ketamine telehealth was found. Federally Schedule III; see the federal row. Risk-assessment research, not legal advice.
12. Ketamine.
Among North Carolina’s 4 neighbors, Georgia, South Carolina, Tennessee and Virginia are illegal, the same posture as North Carolina.
Open the interactive map · Every compound in North Carolina · Where Ketamine is banned · Embed this map
Federally scheduled or prohibited. Federally Schedule III; lawful possession and use is by prescription or DEA registration only Federal detail
9 instruments on file for this compound’s framework in North Carolina; 4 of 4 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
20df7e7cb3d1091f(3) Hallucinogenic substances. - 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 (whether optical, positional, or geometric), 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/y-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. dd. Alpha-Methyltryptamine. ee. 5-Methoxy-N,N-diisopropyltryptamine. ff. Methoxetamine (other names: MXE, 3-MeO-2-Oxo-PCE). gg. BTCP (Benzothiophenylcyclohexylpiperidine). hh. Deschloroketamine. jj. 3-MeO-PCP (3-methoxyphencyclidine). kk. 4-hydroxy-MET. ll . 4-OH-MiPT (4-hydroxy-N-methyl-N-isopropyltryptamine). mm. 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT). nn. Substituted tryptamines. - Any compound, unless specifically excepted, specifically named in this schedule, or listed under a different schedule, structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e., tryptamine) by mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha position with an alkyl group or whether or not further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups.
a64f3029926b189f(a) It shall be unlawful for any person to knowingly or intentionally manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver Salvia divinorum or Salvinorin A. (b) It shall be unlawful for any person to knowingly or intentionally possess Salvia divinorum or Salvinorin A. (c) A violation of this section is punishable as follows: (1) For a first or second offense under this section, the person is responsible for an infraction and shall be required to pay a fine of not less than twenty-five dollars ($25.00). (2) For a third or subsequent offense under this section, the person is guilty of a Class 3 misdemeanor. (d) For purposes of this section: (1) "Deliver" means the actual constructive or attempted transfer of Salvia divinorum or Salvinorin A from one person to another. (2) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of Salvia divinorum or Salvinorin A by any means, whether directly or indirectly, artificially or naturally, or by extraction from substances of a natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacture includes any packaging or repackaging of the substance, or labeling or relabeling of its container, except that this term does not include the preparation or compounding of the substance by an individual for the individual’s own use. (3) “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a plant. (e) The provisions of this section shall not apply to: (1) Employees or contractors of any accredited college or school of medicine or pharmacy at a public or private university in this State while performing medical or pharmacological research for such institution. (2) The possession, planting, cultivation, growing, or harvesting of a plant strictly for aesthetic, landscaping, or decorative purposes. (2009-538, s. 1.)
4c1fdad662208bf2(5a) "Controlled substance analogue" means a substance (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II; (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; and does not include (i) a controlled substance; (ii) any substance for which there is an approved new drug application; (iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under § 355 of Title 21 of the United States Code to the extent conduct with respect to such substance is pursuant to such exemption; or (iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance. The designation of gamma butyrolactone or any other chemical as a listed chemical pursuant to subdivision 802(34) or 802(35) of Title 21 of the United States Code does not preclude a finding pursuant to this subdivision that the chemical is a controlled substance analogue.
2f99ffd847206dccThis 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: (3) Hallucinogenic substances. - 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 (whether optical, positional, or geometric), 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/y-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. dd. Alpha-Methyltryptamine. ee. 5-Methoxy-N,N-diisopropyltryptamine. ff. Methoxetamine (other names: MXE, 3-MeO-2-Oxo-PCE). gg. BTCP (Benzothiophenylcyclohexylpiperidine). hh. Deschloroketamine. jj. 3-MeO-PCP (3-methoxyphencyclidine). kk. 4-hydroxy-MET. ll . 4-OH-MiPT (4-hydroxy-N-methyl-N-isopropyltryptamine). mm. 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT). nn. Substituted tryptamines. - Any compound, unless specifically excepted, specifically named in this schedule, or listed under a different schedule, structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e., tryptamine) by mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha position with an alkyl group or whether or not further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups. Substances in this class include, but are not limited to: 4-AcO-DiPT (4-acetoxy-N,N-diisopropyltryptamine), 4-HO-MPMI ((R)-3-(N-methylpyrrolidin-2-ylmethyl)-4-hydoxyindole), and DALT (N,N-diallyltryptamine). oo. Substituted phenylcyclohexylamines. - Any compound, unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation containing a phenylcyclohexylamine structure, with or without any substitution on the phenyl ring, any substitution on the cyclohexyl ring, any replacement of the phenyl ring with a thiophenyl or benzothiophenyl ring, with or without substitution on the amine with alkyl, dialkyl, or alkoxy substituents, inclusion of the nitrogen in a cyclic structure, or any combination of the above. Substances in this class include, but are not limited to: BCP (benocyclidine), PCMPA ((phenylcyclohexyl(methoxypropylamine)), and Hydroxy-PCP ((hydroxyphenyl)cyclohexylpiperidine).
669d657438f446e5(3) Hallucinogenic substances. - 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 (whether optical, positional, or geometric), 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/y-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. dd. Alpha-Methyltryptamine. ee. 5-Methoxy-N,N-diisopropyltryptamine. ff. Methoxetamine (other names: MXE, 3-MeO-2-Oxo-PCE). gg. BTCP (Benzothiophenylcyclohexylpiperidine). hh. Deschloroketamine. jj. 3-MeO-PCP (3-methoxyphencyclidine). kk. 4-hydroxy-MET. ll . 4-OH-MiPT (4-hydroxy-N-methyl-N-isopropyltryptamine). mm. 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT). nn. Substituted tryptamines. - Any compound, unless specifically excepted, specifically named in this schedule, or listed under a different schedule, structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e., tryptamine) by mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha position with an alkyl group or whether or not further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups. Substances in this class include, but are not limited to: 4-AcO-DiPT (4-acetoxy-N,N-diisopropyltryptamine), 4-HO-MPMI ((R)-3-(N-methylpyrrolidin-2-ylmethyl)-4-hydoxyindole), and DALT (N,N-diallyltryptamine). oo. Substituted phenylcyclohexylamines. - Any compound, unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation containing a phenylcyclohexylamine structure, with or without any substitution on the phenyl ring, any substitution on the cyclohexyl ring, any replacement of the phenyl ring with a thiophenyl or benzothiophenyl ring, with or without substitution on the amine with alkyl, dialkyl, or alkoxy substituents, inclusion of the nitrogen in a cyclic structure, or any combination of the above. Substances in this class include, but are not limited to: BCP (benocyclidine), PCMPA ((phenylcyclohexyl(methoxypropylamine)), and Hydroxy-PCP ((hydroxyphenyl)cyclohexylpiperidine).
c4948c2dd9d2c11f(8) Substituted phenethylamines. - This includes any compound, unless specifically excepted, specifically named or included in another subset in this schedule, or listed under a different schedule, structurally derived from phenylethan-2-amine by substitution on the phenyl ring in any of the following ways, that is to say, by substitution with a fused methylenedioxy ring, fused furan ring, or fused tetrahydrofuran ring; by substitution with two alkoxy groups; by substitution with one alkoxy and either one fused furan, tetrahydrofuran, or tetrahydropyran ring system; or by substitution with two fused ring systems from any combination of the furan, tetrahydrofuran, or tetrahydropyran ring systems. Whether or not the compound is further modified in any of the following ways, that is to say: (i) by substitution of phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alylthio groups, (ii) by substitution at the 2-position by any alkyl groups, or (iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyl groups. Substances in this class include, but are not limited to: 2C-I (4-Iodo-2,5-dimethoxyphenethylamine), APDB ((2-aminopropyl)-2,3-dihydrobenzofuran), MBDB (3,4-methylenedioxy-N-methylbutanamine), and 2C-I-NBOH (N-(2-hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine).
83b10440026bd676(2) Any of the following opiates or opioids, 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. h1. Fentanyl immediate precursor chemical, 4-anilino-N-phenethyl-4-piperidine (ANPP). h2. Norfentanyl (N-phenyl-N-(piperidin-4-yl) propionamide). 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/y-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. aa. Tapentadol. bb. Tianeptine.
4938d3d408735c12This 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 potential for abuse less than the substances listed in Schedules I and II; currently accepted medical use in the United States; and abuse may lead to moderate or low physical dependence or high psychological dependence. The following controlled substances are included in this schedule: (b) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system unless specifically exempted or listed in another schedule: 1. Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid. 2. Chlorhexadol. 3. Repealed by Session Laws 1993, c. 319, s. 5. 4. Lysergic acid. 5. Lysergic acid amide. 6. Methyprylon. 7. Sulfondiethylmethane. 8. Sulfonethylmethane. 9. Sulfonmethane. 9a. Tiletamine and zolazepam or any salt thereof. Some trade or other names for tiletamine-zolazepam combination product: Telazol. Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e][ 1,4]/y-diazepin-7(1H)-one. flupyrazapon. 10. Any compound, mixture or preparation containing (i) Amobarbital. (ii) Secobarbital. (iii) Pentobarbital. or any salt thereof and one or more active ingredients which are not included in any other schedule. 11. Any suppository dosage form containing (i) Amobarbital. (ii) Secobarbital. (iii) Pentobarbital. or any salt of any of these drugs and approved by the federal Food and Drug Administration for marketing as a suppository. 12. Ketamine.
b356b1bd3f5e0644§ 90-113.9. Definitions. For purposes of this Article, unless the context requires otherwise, (1) “Intoxication” means drunkenness, stupefaction, depression, giddiness, paralysis, irrational behavior, or other change, distortion, or disturbance of the auditory, visual, or mental processes. (2) “Commission” means the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services, established under Part 4 of Article 3 of Chapter 143B of the General Statutes. (1971, c. 1208, s. 1; 1979, c. 671, s. 1; 1981, c. 51, s. 10; 1995, c. 509, s. 40.) § 90-113.10. Inhaling fumes for purpose of causing intoxication. It is unlawful for any person to knowingly breathe or inhale any compound, liquid, or chemical containing toluol, hexane, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance for the purpose of inducing a condition of intoxication. This section does not apply to any person using as an inhalant any chemical substance pursuant to the direction of a licensed medical provider authorized by law to prescribe the inhalant or chemical substance possessed. (1971, c. 1208, s. 1; 1979, c. 671, s. 2; 2007-134, s. 1.) § 90-113.10A. Alcohol vaporizing devices prohibited. It shall be unlawful for any person to knowingly manufacture, sell, give, deliver, possess, or use an alcohol vaporizing device. As used in this section, “alcohol vaporizing device” or "AVD" means a device, machine, apparatus, or appliance that is designed or marketed for the purpose of mixing ethyl alcohol with pure or diluted oxygen, or another gas, to produce an alcoholic vapor that an individual can inhale or snort. An AVD does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense either a substance prescribed by a licensed medical provider authorized by law to prescribe the inhalant or chemical substance possessed, or an over-the-counter medication approved by monograph or new drug application under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301, et seq.), provided the instrument is not used for the purpose of inducing a condition of intoxication through inhalation. Violation of this section is not a lesser included offense of G.S. 90-113.22. (2007-134, s. 2.) § 90-113.11. Possession of substances. It is unlawful for any person to possess any compound, liquid, or chemical containing toluol, hexane, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance which will induce a condition of intoxication through inhalation for the purpose of violating G.S. 90-113.10. (1971, c. 1208, s. 1; 1979, c. 671, s. 3; 2007-134, s. 3.) § 90-113.12. Sale of substance. It is unlawful for any person to sell, offer to sell, deliver, give, or possess with the intent to sell, deliver, or give any other person any compound, liquid, or chemical containing toluol, hexane, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance which will induce a condition of intoxication through inhalation if he has reasonable cause to suspect that the product sold, offered for sale, given, delivered, or possessed with the intent to sell, give, or deliver, will be used for the purpose of violating G.S. 90-113.10. (1971, c. 1208, s. 1; 1979, c. 671, s. 4; 2007-134, s. 4.) § 90-113.13. Violation a misdemeanor. Violation of this Article is a Class 1 misdemeanor. (1979, c. 671, s. 5; 1993, c. 539, s. 623; 1994, Ex. Sess., c. 24, s. 14(c).)
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