GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 470

Short Title:  Marijuana User Accountability.	(Public)
─────────────────────────────────────── 
Sponsors: Representative Privette.
─────────────────────────────────────── 
Referred to:  Judiciary III.
─────────────────────────────────────── 

April 1, 1991

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE SANCTIONS FOR A CONVICTION OF SUBSEQUENT POSSESSIONS OF ONE OUNCE OR LESS OF MARIJUANA.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90-95(d) reads as rewritten:
	"(d) Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(3) with respect to:
(1)	A controlled substance classified in Schedule I shall be punished as a Class I felon;
(2)	A controlled substance classified in Schedule II, III, or IV shall be guilty of a misdemeanor and shall be sentenced to a term of imprisonment of not more than two years or fined not more than two thousand dollars ($2,000), or both in the discretion of the court. If the controlled substance exceeds four tablets, capsules, or other dosage units or equivalent quantity of hydromorphone or if the quantity of the controlled substance, or combination of the controlled substances, exceeds one hundred tablets, capsules or other dosage units, or equivalent quantity, the violation shall be punishable as a Class I felony.  If the controlled substance is phencyclidine, or cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocanized coca leaves or any extraction of coca leaves which does not contain cocaine or ecgonine), the violation shall be punishable as a Class I felony.
(3)	A controlled substance classified in Schedule V shall be guilty of a misdemeanor and shall be sentenced to a term of imprisonment of not more than six months or fined not more than five hundred dollars ($500.00), or both in the discretion of the court;
(4)	A controlled substance classified in Schedule VI shall be guilty of a misdemeanor and shall be sentenced to a term of imprisonment of not more than 30 days or fined not more than one hundred dollars ($100.00), or both, in the discretion of the court, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation. If the quantity of the controlled substance is one-half ounce (avoirdupois) or less of marijuana or one-twentieth ounce (avoirdupois) or less of extracted resin of marijuana, the violation shall be punishable as a misdemeanor, as follows:
a.	For a first conviction, the defendant shall be fined five hundred dollars ($500.00) and shall be sentenced to a minimum term of imprisonment of 24 consecutive hours.  The term of imprisonment may be suspended only on the condition that the defendant perform eight hours of community service.  The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division.
b.	For a second conviction, the defendant shall be fined one thousand dollars ($1,000) and shall be sentenced to a minimum term of imprisonment of 48 consecutive hours.  The term of imprisonment may be suspended only on the condition that the defendant perform 40 hours of community service, and lose eligibility for all State financial aid for post-secondary education for a period of one year from the date of sentencing.  The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division.
c.	For a third or subsequent conviction, the punishment shall be a fine of two thousand dollars ($2,000), a minimum term of imprisonment of 72 consecutive hours, and suspension from any State-supported institution of higher learning and lose eligibility for all State financial aid for post-secondary education.  The term of imprisonment may be suspended only on the condition that the defendant successfully completes a 28-day drug abuse treatment program approved by the Department of Human Resources, remains in after care for six months, and tests free of controlled substances for a period of one year.  The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division.
	If the quantity of the controlled substance exceeds one-half ounce (avoirdupois) of marijuana or one-twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, or if the controlled substance consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the violation shall be punishable as a Class I felony."
Sec. 2.  G.S. 20-13.2(a) reads as rewritten:
"(a)	The Division must revoke the license of a person convicted of violating the provisions of G.S. 20-138.3 or G.S. 90-95(d)(4) if the controlled substance is one ounce (avoirdupois) or more of marijuana or one-tenth of an ounce (avoirdupois) or more of extracted resin of marijuana upon receipt of a record of the licensee's conviction."
Sec. 3.  This act becomes effective January 1, l992, and applies to offenses occurring on or after that date.