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sharp object. The exemption under this subsection does not apply to any other drug
<br />paraphernalia that may be present and found during the search. For purposes of this
<br />subsection, the term "officer" includes "criminal justice officers" as defined in G.S. 17C-
<br />2(3) and a "justice officer" as defined in G.S. 17E -2(3). (1981, c. 500, s. 1; 1993, c. 539,
<br />s. 624; 1994, Ex. Sess., c. 24, s. 14(c); 2013 -147, s. 1; 2014 -119, s. 3(a).)
<br />§ 90- 113.23. Manufacture or delivery of drug paraphernalia.
<br />a) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture
<br />with intent to deliver, drug paraphernalia knowing that it will be used to plant, propagate,
<br />cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
<br />analyze, package, repackage, store, contain, or conceal a controlled substance which it
<br />would be unlawful to possess, or that it will be used to inject, ingest, inhale, or otherwise
<br />introduce into the body a controlled substance which it would be unlawful to possess.
<br />b) Delivery, possession with intent to deliver, or manufacture with intent to deliver, of each
<br />separate and distinct item of drug paraphernalia is a separate offense.
<br />c) Violation of this section is a Class 1 misdemeanor. However, delivery of drug
<br />paraphernalia by a person over 18 years of age to someone under 18 years of age who is
<br />at least three years younger than the defendant shall be punishable as a Class I felony.
<br />(1981, c. 500, s. l; c. 903, s. 1; 1993, c. 539, s. 625; 1994, Ex. Sess., c. 24, s. 14(c).)
<br />As of December HB 8850 the Possession of Needles /Tell Law Officer Law states that if a
<br />person alerts an officer to the fact that he /she has a hypodermic needle or other sharp object on
<br />her person, premises or vehicle prior to a search he /she cannot be charged or prosecuted with
<br />possession of drug paraphernalia for that object. The purpose of this law is to protect officers
<br />from punctures or wounds from sharp objects that could be potentially contaminated with HIV or
<br />hepatitis C and to encourage suspects to be honest with officers about paraphernalia they may
<br />have in their possession.
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