10A N.C. Admin. Code 26F.0101

Current through Register Vol. 39, No. 9, November 1, 2024

Section 26F .0101 - 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 "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, 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) codeine;

(iv) etorphine hydrochloride;

(v) ethylmorphine;

(vi) hydrocodone;

(vii) hydromorphine;

(viii) metopon;

(ix) morphine;

(x) oxycodone;

(xi) oxymorphone;

(xii) thebaine;

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

(xiv) cocaine; and

(xv) 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 and ethers, and salts is possible within the specific chemical designation, listed in Schedule II of the North Carolina Controlled Substances Act;

(f) Methamphetamine, its salts, isomers and salts of its isomers;

(g) Amphetamine, its salts, optical isomers and salts of its optical isomers;

(h) Phenmetrazine and its salts;

(i) Methylphenidate;

(j) Each of the 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 listed in Rule .0205 of this Section.

(3) The term "hearing" means any hearing held pursuant to this part for the addition, deletion or rescheduling of any substances within Schedules I through VI of the North Carolina Controlled Substances Act.

(4) The term "isomer" means, except as used in Paragraph .0202(d) of this Section, the optical isomer. As used in Paragraph .0202(d) of this Section, the term "isomer" means the optical, position or geometric isomer.

(5) The term "interested person" means any person affected by any decision issuable pursuant to General Statute 90-88.

(6) The term "proceeding" means all actions taken for the addition, deletion, or rescheduling of any substance within Schedules I through VI of the North Carolina Controlled Substances Act, issued pursuant to General Statute 90-88, commencing with the publication by the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services of the proposed addition, deletion or rescheduling.

(7) The term anabolic steroid means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes:

(a) Boldenone;

(b) Chlorotestosterone (4-chlortestosterone);

(c) Clostebol;

(d) Dehydrochlormethyltestosterone;

(e) Dihydrotestosterone (4-dihydrotestosterone);

(f) Drostanolone;

(g) Ethylestrenol;

(h) Fluoxymesterone;

(i) Formebulone (formebolone);

(j) Mesterolone;

(k) Methandienone;

(l) Methandranone;

(m) Methandriol;

(n) Methandrostenolone;

(o) Methenolone;

(p) Methyltestosterone;

(q) Mibolerone;

(r) Nandrolone;

(s) Norethandrolone;

(t) Oxandrolone;

(u) Oxymesterone;

(v) Oxymetnolone;

(w) Stanolone;

(x) Stanozolol;

(y) Testolactone;

(z) Testosterone;

(aa) Trenbolone; and

(bb) Any salt, ester, or isomer of a drug or substance described or listed in this Paragraph, if that salt, ester, or isomer promotes muscle growth. Except such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the Secretary of Health and Human Services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this Paragraph.

(8) Any term not defined in this Rule shall have the definition set forth in General Statute 90-87.

10A N.C. Admin. Code 26F .0101

Authority G.S. 90-88;
Eff. June 30, 1978;
Amended Eff. September 1, 1998; August 1, 1991; May 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

Authority G.S. 90-88;
Eff. June 30, 1978;
Amended Eff. September 1, 1998; August 1, 1991; May 1, 1990.