Q: I heard North Carolina created a new felony involving children and drugs. What does this mean?
A: Yes. The 2025 Public Safety Act (SB 429), effective December 1, 2025, created new felony charges for exposing a child under 16 years old to a controlled substance. This is a significant expansion of North Carolina criminal law.
What the Law Says
A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child under 16 to be exposed to a controlled substance commits a Class H felony. If the exposure results in serious bodily injury, the charge escalates. The definition of “controlled substance” is broad and includes drugs, marijuana, narcotics, opiates, opioids, and controlled substance analogues.
Who Can Be Charged
This law applies to anyone who causes or permits the exposure, not just parents. Babysitters, family members, roommates, and others who allow a child to come into contact with drugs in their presence or home could face charges.
What “Exposure” Means
The law defines “ingest” broadly as any means of taking a substance into the body. However, courts will need to define the outer boundaries of what constitutes “exposure” as cases are prosecuted. Being in a home where drugs are present may be enough, depending on the circumstances.
Defense Strategies
Potential defenses include challenging whether the defendant acted “knowingly” or with “reckless disregard,” disputing whether the substance qualifies as a controlled substance under the statute, and challenging the evidence that a child was actually exposed.
Related Practice Areas
North Carolina Criminal Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.