10A NCAC 26E .0102      DEFINITIONS

As used in this Section, the following terms shall have the meanings specified:

(1)           The term "act" means the North Carolina Controlled Substances Act (G.S. Chapter 90, Article 5).

(2)           The term "Commission" means the same as defined in G.S 90-87

(3)           The term "basic class" means as to controlled substances listed in Schedules I, II and VI:

(a)           each of the opiates including its isomers; esters; ethers; salts; and salts of isomers, esters and ethers whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation listed in Schedule I of the North Carolina Controlled Substances Act;

(b)           each of the opium derivatives 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 listed in Schedule I of the North Carolina Controlled Substances Act;

(c)           each of the hallucinogenic 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 listed in Schedule I of the North Carolina Controlled Substances Act;

(d)           each 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:

(i)            opium including raw opium, opium extracts, opium fluid extracts, powdered opium, granulated opium, deodorized opium and tincture of opium;

(ii)           apomorphine;

(iii)          ethylmorphine;

(iv)          hydrocodone;

(v)           hydromorphone;

(vi)          metopon;

(vii)         morphine;

(viii)        oxycodone;

(ix)          oxymorphone;

(x)          thebaine;

(xi)         mixed alkaloids of opium listed in Schedule I of the North Carolina Controlled Substances Act;

(xii)        cocaine; and

(xiii)       ecgonine;

(e)           each of the opiates including its isomers; esters; ethers; salts; and salts of isomers, esters and ethers whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation listed in Schedule II of the North Carolina Controlled Substances Act; and

(f) methamphetamine including its salts, isomers and salts of isomers when contained in any injectable liquid.

(4)           The term "commercial detection service" means the same as defined in G.S. 90-102.1.

(5)           The term "DEA" means the Federal Drug Enforcement Administration.

(6)           The term "Director" means the Director of the Division of Mental Health, Developmental Disabilities and Substance Abuse Services, Department of Health and Human Services.

(7)           The term "dog handler" means the same as defined in G.S. 90-102.1.  For purposes of this definition person means an individual.

(8)           The term "drug detection dog" means the same as defined in G.S. 90-102.1.

(9)           The term "hearing" means any hearing held pursuant to this part of the granting, denial, revocation or suspension of a registration pursuant to G.S. 90‑102 and 90‑103.

(10)         The term "individual practitioner" means same as defined in G.S. 90-87

(11)         The term "person" means the same as defined in G.S. 90-87.

(12)         The terms "register" and "registration" refer only to registration required and permitted by G.S. 90‑102.

(13)         The term "registrant" means any person who is registered pursuant to G.S. 90‑102.

(14) The term "office-based opioid treatment" means any controlled substance listed in Schedules III-V dispensed for the maintenance or detoxification treatment of opioid addiction or for the detoxification treatment of opioid dependence.

(15)         Any term not defined in this Section shall have the definition set forth in G.S. 90‑87.

History Note:        Authority G.S. 90‑100; 90-102.1; 143B‑147(a)(5);

Eff. June 30, 1978;

Amended Eff. February 1, 2005; July 1, 2004; May 1, 1990; May 15, 1979; September 30, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.