N.C.P.I.—Crim. 261.50

NOTE WELL: For a first offense, the retailer would be

guilty of a misdemeanor. For a second or subsequent

offense, the retailer would be guilty of a felony.

NOTE WELL: See N.C. Gen. Stat. § 15A-928 for

provisions regarding indictment, bifurcated trial,

verdict, and judgment.

The defendant has been charged with failing to lawfully make a

pseudoephedrine product sale.

For you to find the defendant guilty of this offense, the state must

prove two (three) things beyond a reasonable doubt:

First, that the defendant was a retailer1;

Second, that the defendant willfully and knowingly

a) [[sold a pseudoephedrine product in the form of a [tablet]

[caplet] [gel cap]] (not in a blister package).2

b) [[failed to [store] [sell] the pseudoephedrine product from

behind the pharmacy counter]]

c) [sold a pseudoephedrine product at retail without a prescription

to a person under the age of 18 years] [[failed to obtain a

[valid] [unexpired] [government issued] photo identification of

purchaser]] [[failed to obtain in [print] [orally] a current valid

personal residential address of purchaser]] [[failed to enter the

[name] [address] of a purchaser correctly into a record of

disposition of pseudoephedrine products]] [failed to correctly

identify the pseudoephedrine product purchased in the record of

disposition] [failed to get the purchaser to sign a form attesting

to the validity of the pseudoephedrine products that were sold]

d) [failed to maintain a record of disposition of pseudoephedrine

products sold to a consumer for at least two years from the date

of the transaction]

e) [sold more than 3.6 grams of any pseudoephedrine product to

one person in a single calendar day] [sold more than 9 grams of

pseudoephedrine products to one person within a 30-day period]

f) [[failed to post a [sign] [placard] in a clear and conspicuous

manner in the area of the premises where the pseudoephedrine

products were offered for sale]]3

g) [did not electronically submit the required information to the

National Precursor Log Exchange (NPLEx) administered by the

National Association of Drug Diversion Investigators (NADDI)

before completing the sale of a pseudoephedrine product];

(And Third, that on (name date) the defendant in (name court)

[was convicted of] [pled guilty to] the crime of (describe pseudoephedrine

sales crime under N.C. Gen. Stat. § 90-113.56), that was committed on

(name date) in violation of the laws of the [State of North Carolina][State

of (name other state)] [United States].)

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant was a retailer, that defendant

willfully and knowingly [[sold a pseudoephedrine product in the form of a

[tablet] [caplet] [gel cap]] (not in a blister package);

a) [[failed to [store] [sell] the pseudoephedrine product from

behind the pharmacy counter]]

b) [sold a pseudoephedrine product at retail without a prescription

to a person under the age of 18 years] [[failed to obtain a [valid]

[unexpired] [government issued] photo identification of

purchaser]] [[failed to obtain in [print] [orally] a current valid

personal residential address of purchaser]] [[failed to enter the

[name] [address] of a purchaser correctly into a record of

disposition of pseudoephedrine products]] [failed to correctly

identify the pseudoephedrine product purchased in the record of

disposition] [failed to get the purchaser to sign a form attesting

to the validity of the pseudoephedrine products that were sold]

c) [failed to maintain a record of disposition of pseudoephedrine

products sold to a consumer for at least two years from the date

of the transaction]

d) [sold more than 3.6 grams of any pseudoephedrine product to

one person in a single calendar day] [sold more than 9 grams of

pseudoephedrine products to one person within a 30-day period]

e) [[failed to post a [sign] [placard] in a clear and conspicuous

manner in the area of the premises where the pseudoephedrine

products were offered for sale]]

f) [did not electronically submit the required information to the

National Precursor Log Exchange (NPLEx) administered by the

National Association of Drug Diversion Investigators (NADDI)

before completing the sale of a pseudoephedrine product] (and

that on (name date) the defendant in (name court) [was

convicted of] [pled guilty to] the crime of (describe

pseudoephedrine sales crime under N.C. Gen. Stat. § 90-113.56),

that was committed on (name date) in violation of the laws of

the [State of North Carolina] [State of (name other state)]

[United States]),

it would be your duty to return a verdict of guilty. If you do not so find or

have a reasonable doubt as to one or more of these things, then it would

be your duty to return a verdict of not guilty.