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90-113.22. Possession of Drug Paraphernalia

90-113.22. Possession of drug paraphernalia. (a) It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance other than marijuana which it would be unlawful to possess, or to inject, ingest, inhale, or otherwise introduce into the body a controlled substance other than marijuana which it would be unlawful to possess. (b) Violation of this section is a Class 1 misdemeanor. (c) Prior to searching a person, a person's premises, or a person's vehicle, an officer may ask the person whether the person is in possession of a hypodermic needle or other sharp object that may cut or puncture the officer or whether such a hypodermic needle or other sharp object is on the premises or in the vehicle to be searched. If there is a NC General Statutes - Chapter 90 Article 5B 3 hypodermic needle or other sharp object on the person, on the person's premises, or in the person's vehicle and the person alerts the officer of that fact prior to the search, the person shall not be charged with or prosecuted for possession of drug paraphernalia for the needle or sharp object, or for residual amounts of a controlled substance contained in the needle or sharp object. The exemption under this subsection does not apply to any other drug paraphernalia that may be present and found during the search. For purposes of this subsection, the term "officer" includes "criminal justice officers" as defined in G.S. 17C-2(3) and a "justice officer" as defined in G.S. 17E-2(3). (d) Notwithstanding the provisions of subsection (a) of this section, it is not unlawful for (i) a person who introduces a controlled substance into his or her body, or intends to introduce a controlled substance into his or her body, to knowingly use, or to possess with intent to use, testing equipment for identifying or analyzing the strength, effectiveness, or purity of that controlled substance or (ii) a governmental or nongovernmental organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors to possess such testing equipment or distribute such testing equipment to a person who intends to introduce a controlled substance into his or her body. (1981, c. 500, s. 1; 1993, c. 539, s. 624; 1994, Ex. Sess., c. 24, s. 14(c); 2013-147, s. 1; 2014-119, s. 3(a); 2015-284, s. 2; 2019-159, s. 2.1.)

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90-113.22A. Possession of marijuana drug paraphernalia.
(a) It is unlawful for any person to knowingly use, or to possess with intent to use,
drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or
conceal marijuana or to inject, ingest, inhale, or otherwise introduce marijuana into the
body.
(b) A violation of this section is a Class 3 misdemeanor. A violation of this section
shall be a lesser included offense of G.S. 90-113.22.
(c) Notwithstanding the provisions of subsection (a) of this section, it is not
unlawful for (i) a person who introduces a controlled substance into his or her body, or
intends to introduce a controlled substance into his or her body, to knowingly use, or to
possess with intent to use, testing equipment for identifying or analyzing the strength,
effectiveness, or purity of that controlled substance or (ii) a governmental or
nongovernmental organization that promotes scientifically proven ways of mitigating
health risks associated with drug use and other high-risk behaviors to possess such testing
equipment or distribute such testing equipment to a person who intends to introduce a
controlled substance into his or her body. (2014-119, s. 3(b); 2019-159, s. 2.2.)
§ 90-113.23. Manufacture or delivery of drug paraphernalia.
(a) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture
with intent to deliver, drug paraphernalia knowing that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package,
NC General Statutes - Chapter 90 Article 5B 4
repackage, store, contain, or conceal a controlled substance which it would be unlawful to possess,
or that it will be used to inject, ingest, inhale, or otherwise introduce into the body a controlled
substance which it would be unlawful to possess.
(b) Delivery, possession with intent to deliver, or manufacture with intent to deliver, of
each separate and distinct item of drug paraphernalia is a separate offense.
(c) Violation of this section is a Class 1 misdemeanor. However, delivery of drug
paraphernalia by a person over 18 years of age to someone under 18 years of age who is at least
three years younger than the defendant shall be punishable as a Class I felony. (1981, c. 500, s. 1;
c. 903, s. 1; 1993, c. 539, s. 625; 1994, Ex. Sess., c. 24, s. 14(c).)

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