§ 90‑86. Title of Article.
This Article shall be known and may be cited as the "North Carolina Controlled Substances Act." (1971, c. 919, s. 1.)
(6) "Counterfeit controlled substance" means:
a. A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports, or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser; or
b. Any substance which is by any means intentionally represented as a controlled substance. It is evidence that the substance has been intentionally misrepresented as a controlled substance if the following factors are established:
1. The substance was packaged or delivered in a manner normally used for the illegal delivery of controlled substances.
2. Money or other valuable property has been exchanged or requested for the substance, and the amount of that consideration was substantially in excess of the reasonable value of the substance.
3. The physical appearance of the tablets, capsules or other finished product containing the substance is substantially identical to a specified controlled substance.
Mars Hill Gas Station Raid Updated: Thursday, March 14 2013, 12:34 PM EDT The Madison County Sheriff's Office raids a Mars Hill gas station. It happened Wednesday at the Red Dot Gas Station on Highway 213. Deputies issued warrants on the business owner, Ibrahim Salameh, and arrested two employees, Vivian Pangle and Sara Taylor. The search warrant and criminal charges are the culmination of an ongoing investigation regarding citizen complaints that Salameh’s convenience store has been selling Bizarro as a counterfeit controlled substance. Bizarro is psychoactive designer incense which the business has been representing and selling as synthetic cannabis. Detectives located and seized 467 packages of Bizarro. Detectives also seized hundreds of additional items including drug paraphernalia such as digital scales, grinders, pipes, and papers being sold for the purpose of smoking counterfeit synthetic cannabis, marijuana, crack cocaine, and methamphetamine.
March 4, 2013
From: Dawn Ingle & Carl Mumpower
Subject: Bizarro merchants in Asheville/Buncombe
To: Buncombe County Commission, Asheville City Council, and NC Reps
Dear Elected Official:
In recent months a number of individuals have raised questions regarding the sale of the over-the-counter “fake marijuana” Bizarro. More specifically, a number of parents and patients have identified specific harms to their loved ones per the ready availability of this substance in our community.
You may remember the over-the-counter drugs Salvia and K-2 that were broadly marketed until state law intercepted the opportunity. The Octopus Garden outlets (which are legion) was one of the prime movers of this product – a synthetic cannabis product that proved to be very harmful to the unwitting.
Bizarro is essentially the same deal with a different label and minute chemistry shift. It would seem to fall under the restrictions of current law, but our local enforcement agencies are apparently taking a different tack. There is no meaningful enforcement, and in fact one of the prime movers for this product – M&J Food Stores – has an outlet right across the street from a city fire station.
Over the weekend we developed a website to further illuminate the Bizarro reality in our community. It is in process but provides information that might be of assistance. We are intending to organize protests against the merchants who market this product in our community and other efforts to raise awareness and chanllenge. Your attention to this matter would be helpful.