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Agenda - 01-23-2018 4-b - Presentation on Opioids and Legal Issues
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Agenda - 01-23-2018 4-b - Presentation on Opioids and Legal Issues
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1/22/2018 10:49:04 AM
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BOCC
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1/23/2018
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Regular Meeting
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Agenda
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4-b
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Agenda - 01-23-2018 - Regular Meeting Agenda
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 01-23-2018
Minutes 01-23-2018
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\Board of County Commissioners\Minutes - Approved\2010's\2018
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12 <br />Under North Carolina law: <br />(a) The erection, establishment, continuance, maintenance, use, ownership or <br />leasing of any building or place for the purpose of [ ... ] illegal possession or sale <br />of controlled substances as defined in the North Carolina Controlled Substances <br />Act, [...]. The activity sought to be abated need not be the sole purpose of the <br />building or place in order for it to constitute a nuisance under this Chapter. <br />(b) The erection, establishment, continuance, maintenance, use, ownership or <br />leasing of any building or place wherein or whereon are carried on, conducted, or <br />permitted repeated acts which create and constitute a breach of the peace shall <br />constitute a nuisance. <br />N.C. Gen. Stat. Ann. § 19 -1. <br />"Breach of the peace" is defined as "repeated acts that disturb the public order <br />including, but not limited to, homicide, assault, affray, communicating threats, unlawful <br />possession of dangerous or deadly weapons, and discharging firearms." N.C. Gen. Stat. Ann. § <br />19 -1.1. The statutory definition of "breach of the peace" includes crimes other than those listed. <br />The North Carolina Court of Appeals has stated that "[a]lthough the definition is not confined to <br />these examples, each individual example is a crime. Therefore, in order to determine if a breach <br />of the peace has occurred, the nature of the incident will be determinative." State ex rel. City of <br />Salisbury v. Campbell, 169 N.C. App. 829, 833, 610 S.E.2d 799, 801 (2005). <br />North Carolina statutes further provide as follows: <br />A wholesale drug distributor shall comply with applicable federal, State, and <br />local laws and regulations. A wholesale distributor that deals in controlled <br />substances shall register with the federal Drug Enforcement Administration <br />(DEA) and shall comply with all applicable federal, State, and local laws and <br />regulations. A wholesale drug distributor is subject to any applicable federal, <br />State, or local laws or regulations that relate to prescription drug salvaging or <br />reprocessing. <br />N.C. Gen. Stat. Ann. § 106 - 145.10. <br />At common law in North Carolina, a public nuisance is defined by its consequences, and <br />broadly includes "acts or conditions are subversive of public order, decency, or morals, or <br />North Carolina County Opioid Litigation - Privileged and Confidential 9 <br />
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