GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 437
Committee Substitute Favorable 4/8/25
Short Title: Establish Drug-Free Homeless Service Zones. (Public)
Sponsors:
Referred to:
March 19, 2025
*H437 -v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ESTABLISH DRUG-FREE HOMELESS SERVICE ZONES AND INCREASE 2
THE PUNISHMENT IMPOS ED FOR COMMITTING CE RTAIN DRUG OFFENSES IN 3
A DRUG-FREE HOMELESS SERVICE ZONE. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. This act shall be known as "The Drug-Free Homeless Service Zones 6
Act." 7
SECTION 2. G.S. 90-95(e) reads as rewritten: 8
"(e) The prescribed punishment and degree of any offense under this Article shall be 9
subject to the following conditions, but the punishment for an offense may be increased only by 10
the maximum authorized under any one of the applicable conditions: 11
… 12
(8) Any person 21 years of age or older who commits an offense under 13
G.S. 90-95(a)(1) on property used for a child care center, or for an elementary 14
or secondary school or within 1,000 feet of the boundary of real property used 15
for a child care center, or for an elementary or secondary school shall be 16
punished as a Class E felon. For purposes of this subdivision, the transfer of 17
less than five grams of marijuana for no remuneration shall not constitute a 18
delivery in violation of G.S. 90-95(a)(1). For purposes of this subdivision, a 19
child care center is as defined in G.S. 110-86(3)a., and that is licensed by the 20
Secretary of the Department of Health and Human Services. 21
(8a) Any person who commits an offense under G.S. 90-95(a)(1) in a drug-free 22
homeless service zone is guilty of a Class E felony if the person knows or 23
reasonably should know that it is a drug-free homeless service zone. Any 24
operator of a facility-based service who intentionally allows a person to 25
commit an offense under G.S. 90-95(a)(1) in a drug-free homeless service 26
zone is guilty of a Class H felony. For purposes of this subdivision, the transfer 27
of less than five grams of marijuana for no remuneration shall not constitute a 28
delivery in violation of G.S. 90-95(a)(1). The following definitions apply in 29
this subdivision: 30
a. Drug-free homeless service zone. – The following areas related to a 31
facility-based service: 32
1. If the facility-based service does not provide the services 33
described in sub-sub-subdivision 2. of this sub-subdivision, the 34
exterior and interior of any building and any accompanying 35
grounds used by a facility-based service and the area within 36 General Assembly Of North Carolina Session 2025
Page 2 House Bill 437-Second Edition
100 feet of that building or its accompanying grounds, if at 1
least one sign is permanently affixed in a visible manner at the 2
exterior of the main entrance of the facility that identifies the 3
building and its accompanying grounds as a drug-free 4
homeless service zone. The presence of this sign shall raise a 5
presumption that the person committing the offense knows or 6
reasonably should know that it is a drug-free homeless service 7
zone. 8
2. If the facility-based service provides shelter or housing for 9
victims of domestic violence that may be endangered if the 10
purpose or location of the facility were to become known, the 11
interior of any building and any outdoor area that may only be 12
accessed by entering through the building used by a 13
facility-based service, if at least one sign is permanently 14
affixed in a visible manner inside the building and within 5 feet 15
of the main entrance of the facility that identifies the building 16
as a drug-free homeless service zone. The presence of this sign 17
shall raise a presumption that the person committing the 18
offense knows or reasonably should know that it is a drug-free 19
homeless service zone. 20
b. Facility-based service. – Any (i) emergency or temporary shelter, 21
transitional housing provider, or permanent supportive housing entity 22
that receives local, State, or federal funds for the purpose of providing 23
shelter to homeless persons or (ii) other entity or facility that receives 24
local, State, or federal funds and primarily provides treatment, 25
preventive care, or other services to homeless persons. 26
c. Operator. – A sole proprietorship, corporation, partnership, joint 27
venture, limited partnership, limited liability partnership, limited 28
liability company, or any other entity or business association, or 29
contractor or subcontractor of the same, that is the recipient of local, 30
State, or federal funds to use for the provision of a facility-based 31
service. 32
…." 33
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 34
committed on or after that date. 35