14-401.23. Unlawful manufacture, sale, delivery, or possession of Salvia divinorum.
(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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 52 - Miscellaneous Police Regulations.
§ 14-381 - Desecration of State and United States flag.
§ 14-382 - Pollution of water on lands used for dairy purposes.
§ 14-383 - Cutting timber on town watershed without disposing of boughs and debris; misdemeanor.
§ 14-384 - Injuring notices and advertisements.
§ 14-385 - Defacing or destroying public notices and advertisements.
§ 14-391 - Usurious loans on household and kitchen furniture or assignment of wages.
§ 14-394 - Anonymous or threatening letters, mailing or transmitting.
§ 14-395 - Commercialization of American Legion emblem; wearing by nonmembers.
§ 14-395.1 - Sexual harassment.
§ 14-398 - Theft or destruction of property of public libraries, museums, etc.
§ 14-399.2 - Certain plastic yoke and ring type holding devices prohibited.
§ 14-400 - Tattooing; body piercing prohibited.
§ 14-401 - Putting poisonous foodstuffs, antifreeze, etc., in certain public places, prohibited.
§ 14-401.1 - Misdemeanor to tamper with examination questions.
§ 14-401.2 - Misdemeanor for detective to collect claims, accounts, etc.
§ 14-401.3 - Inscription on gravestone or monument charging commission of crime.
§ 14-401.6 - Unlawful to possess, etc., tear gas except for certain purposes.
§ 14-401.9 - Parking vehicle in private parking space without permission.
§ 14-401.11 - Distribution of certain food or beverage prohibited.
§ 14-401.12 - Soliciting charitable contributions by telephone.
§ 14-401.13 - Failure to give right to cancel in off-premises sales.
§ 14-401.14 - Ethnic intimidation; teaching any technique to be used for ethnic intimidation.
§ 14-401.15 - Telephone sales recovery services.
§ 14-401.16 - Contaminate food or drink to render one mentally incapacitated or physically helpless.
§ 14-401.17 - Unlawful removal or destruction of electronic dog collars.
§ 14-401.18 - Sale of certain packages of cigarettes prohibited.
§ 14-401.18A - Sale of certain e-liquid containers prohibited.
§ 14-401.19 - Filing false security agreements.
§ 14-401.20 - Defrauding drug and alcohol screening tests; penalty.
§ 14-401.21 - Practicing "rebirthing technique"; penalty.
§ 14-401.22 - Concealment of death; disturbing human remains; dismembering human remains.
§ 14-401.23 - Unlawful manufacture, sale, delivery, or possession of Salvia divinorum.
§ 14-401.24 - Unlawful possession and use of unmanned aircraft systems.
§ 14-401.25 - Unlawful distribution of images.
§ 14-401.26 - TNC driver failure to display license plate information.
§ 14-401.27 - Impersonation of a transportation network company driver.