GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 366

Short Title:  Marijuana Trafficking.	(Public)
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Sponsors: Senators Carter; and Carpenter.
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Referred to:  Judiciary II.
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March 28, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT POSSESSION OF ONE HUNDRED MARIJUANA PLANTS IS A FELONY AND TO REDUCE TO TEN POUNDS THE MINIMUM AMOUNT FOR TRAFFICKING IN MARIJUANA.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90-95(h)(1) reads as rewritten:
"(1)	Any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds (avoirdupois) of marijuana, or at least 100 marijuana plants with no minimum weight threshold, shall be guilty of a felony which felony shall be known as ‘trafficking in marijuana' and if the quantity of such substance involved:
a. 	Is in excess of 10 pounds, but less than 100 pounds, such person shall be punished as a Class H felon and shall be sentenced to a term of at least five years in the State's prison and shall be fined not less than five thousand dollars ($5,000);
a1.	Consists of 100 or more marijuana plants, such person shall be punished as a Class H felon and shall be sentenced to a term of at least five years in the State's prison and shall be fined not less than five thousand dollars ($5,000);
b.	Is 100 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a term of at least seven years in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
c.	Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a term of at least 14 years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
d.	Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a term of at least 35 years in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000)."
Sec. 2.  This act becomes effective October 1, 1991, and applies to offenses occurring on or after that date.