§ 14-95.8. Possession of an immediate precursor chemical

(a) Except as authorized by Cherokee Law, it is unlawful for any person to possess an immediate precursor chemical with intent to manufacture a controlled substance; or possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture a controlled substance. Unless a person's conduct is covered under some other provision of law providing greater punishment, violation of this section shall be punished with a class B penalty, unless the immediate precursor is one that can be used to manufacture methamphetamine.

(b) Except as authorized by Cherokee Law, it is unlawful for any person to possess an immediate precursor chemical with intent to manufacture methamphetamine; or possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture methamphetamine. Unless a person's conduct is covered under some other provision of law providing greater punishment, violation of this subsection shall be punished with a class A penalty.

(c) The immediate precursor chemicals to which this section applies are those immediate precursor chemicals designated by North Carolina General Statute 90-95(d2).

(d) Except as authorized by Cherokee Law, it is unlawful for any person to possess a seed or ripened ovule of gymnosperm or angiosperm plant which can be used to produce any controlled substance, whether or not said seed or ovule is scheduled as a controlled substance. Unless a person's conduct is covered under some other provision of law providing greater punishment, violation of this section shall be punished with a class C penalty.

(e) The tribe hereby adopts North Carolina General Statutes § 90-113.50 through § 90-113.60, as amended to regulate the use, possession and distribution of methamphetamine precursors.

(Ord. No. 589, Art. II, 2-8-2007)