No 1st edition was available for conversion or in the Legislative library.
This document was created by using the draft version, updating sponsors, and the introduced date. 
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1995
S	1
SENATE BILL 1479

Short Title:	Drug Law Amendments.	()	
Sponsors:	Senators Albertson; Carpenter, Cochrane, Conder, East, Forrester, Foxx, Hoyle, Kerr, Lucas, Martin of Pitt, Odom, Page, Perdue, Plexico, Shaw, Speed, and Warren.	
Referred to:	Appropriations.	
June 20, 1996

	A BILL TO BE ENTITLED
AN ACT TO STRENGTHEN THE CONTROLLED SUBSTANCES LAWS.

The General Assembly of North Carolina enacts: 
Section 1. G. S. 90‑95 reads as rewritten:
"§ 90‑95. Violations; penalties.
(a)	Except as authorized by this Article, it is unlawful for any person:
(1)	To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;
(2)	To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit controlled substance;
(3)	To possess a controlled substance.
(b)	Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90‑95(a)(1) with respect to:
(1)	A controlled substance classified in Schedule I or II shall be punished as a Class E felon;
(2)	A controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class G felon, but the transfer of less than 5 grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90‑95(a)(1).
(c)	Any person who violates G.S. 90‑95(a)(2) shall be punished as a Class I felon.
(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 G felon;
(2)	A controlled substance classified in Schedule II, III, or IV shall be guilty of a Class 1 misdemeanor. 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 G 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 G felony.
(3)	A controlled substance classified in Schedule V shall be guilty of a Class I felony;
(4)	A controlled substance classified in Schedule VI shall be guilty of a Class 3 misdemeanor, 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 exceeds one‑half of an ounce (avoirdupois) of marijuana or one‑twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor. If the quantity of the controlled substance exceeds one and one‑half ounces (avoirdupois) of marijuana or three‑twentieths 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.
(dl)	Except as authorized by this Article, it is unlawful for any person to:
(1)	Possess an immediate precursor chemical with intent to manufacture a controlled substance; or
(2)	Possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture a controlled substance.
Any person who violates this subsection shall be punished as a Class H felon.
(d2)	The immediate precursor chemicals to which subsection (dl) of this section applies are those immediate precursor chemicals designated by the Commission pursuant to its authority under G.S. 90‑88, and the following (until otherwise specified by the Commission):
(1)	Anthranilic acid.
(2)	Benzyl cyanide.
(3)	Chloroephedrine.
(4)	Chloropseudoephedrine.
(5)	D‑lysergic acid.
(6)	Ephedrine.
(7)	Ergonovine maleate.
(8)	Ergotamine tartrate.
(9)	Ethyl Malonate.
(10)	Ethylamine.
(11)	Isosafrole.
(12)	Malonic acid.
(13)	Methylamine.
(14)	N‑acetylanthranilic acid.
(15)	N‑ethylephedrine.
(16)	N‑ethylepseudoephedrine.
(17)	N‑methylephedrine.
(18)	N‑methylpseudoephedrine.
(19)	Norpseudoephedrine.
(20)	Phenyl‑2‑propane.
(21)	Phenylacetic acid.
(22)	Phenylpropanolamine.
(23)	Piperidine.
(24)	Piperonal.
(25)	Propionic anhydride.
(26)	Pseudoephedrine.
(27)	Pyrrolidine.
(28)	Safrole.
(29)	Thionylchloride.
(e)	The prescribed punishment and degree of any offense under this Article shall be subject to the following conditions, but the punishment for an offense may be increased only by the maximum authorized under any one of the applicable conditions:
(1),	(2) Repealed by Session Laws 1979, c. 760, s. 5.
(3)	If any person commits a Class 1 misdemeanor under this Article and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be punished as a Class I felon. The prior conviction used to raise the current offense to a Class I felony shall not be used to calculate the prior record level;
(4)	If any person commits a Class 2 misdemeanor, and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be guilty of a Class 1 misdemeanor. The prior conviction used to raise the current offense to a Class 1 misdemeanor shall not be used to calculate the prior conviction level;
(5)	Any person 18 years of age or over who violates G.S. 90‑95(a)(1) by selling or delivering a controlled substance to a person under 16 years of age or a pregnant female shall be punished as a Class E felon. Mistake of age is not a defense to a prosecution under this section. It shall not be a defense that the defendant did not know that the recipient was pregnant;
(6)	For the purpose of increasing punishment under G.S. 90‑95(e)(3) and (e)(4), previous convictions for offenses shall be counted by the number of separate trials at which final convictions were obtained and not by the number of charges at a single trial;
(7)	If any person commits an offense under this Article for which the prescribed punishment requires that any sentence of imprisonment be suspended, and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be guilty of a Class 2 misdemeanor;
(8)	Any person 21 years of age or older who commits an offense under G.S. 90‑95(a)(1) on property used for an elementary or secondary school or within 300 feet of the boundary of real property used for an elementary or secondary school shall be punished as a Class E felon. For purposes of this subdivision, the transfer of less than five grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90‑95(a)(1).
(9)	Any person who violates G.S. 90‑95(a)(3) on the premises of a penal institution or local confinement facility shall be guilty of a Class G felony.
(f)	Any person convicted of an offense or offenses under this Article who is sentenced to an active term of imprisonment that is less than the maximum active term that could have been imposed may, in addition, be sentenced to a term of special probation. Except as indicated in this subsection, the administration of special probation shall be the same as probation. The conditions of special probation shall be fixed in the same manner as probation, and the conditions may include requirements for rehabilitation treatment. Special probation shall follow the active sentence. No term of special probation shall exceed five years. Special probation may be revoked in the same manner as probation; upon revocation, the original term of imprisonment may be increased by no more than the difference between the active term of imprisonment actually served and the maximum active term that could have been imposed at trial for the offense or offenses for which the person was convicted, and the resulting term of imprisonment need not be diminished by the time spent on special probation.
(g)	Whenever matter is submitted to the North Carolina State Bureau of Investigation Laboratory, the Charlotte, North Carolina, Police Department Laboratory or to the Toxicology Laboratory, Reynolds Health Center, Winston‑Salem for chemical analysis to determine if the matter is or contains a controlled substance, the report of that analysis certified to upon a form approved by the Attorney General by the person performing the analysis shall be admissible without further authentication in all proceedings in the district court division of the General Court of Justice as evidence of the identity, nature, and quantity of the matter analyzed.
(h)	Notwithstanding any other provision of law, the following provisions apply
 except as otherwise provided in this Article.
(1)	Any person who sells, manufactures, delivers, transports, or possesses in excess of one pound (avoirdupois) of marijuana 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 one pound but less than 10 pounds, such person shall be punished as a Class H felon and shall be sentenced to a minimum term of 25 months and a maximum term of 30 months in the State's prison and shall be fined not less than five thousand dollars ($5,000);
b.	Is 10 pounds or more, but less than 200 pounds, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty‑five thousand dollars ($25,000);
c.	Is 200 pounds or more, but less than 1,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
d.	Is 1,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(2)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of methaqualone, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in methaqualone' and if the quantity of such substance or mixture involved:
a.	Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in	the State's prison and shall be fined not less than twenty‑five thousand dollars ($25,000);
b.	Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 10,000 or more dosage units, or equivalent quantity, such person shall, be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or any coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, and any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocainized coca leaves or any extraction of coca leaves which does not contain cocaine) or any mixture containing such substances, shall be guilty of a felony, which felony shall be known as 'trafficking in cocaine' and if the quantity of such substance or mixture involved:
a.	Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 140 months and a maximum term of 168 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 400 grams or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 350 months and a maximum term of  400 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(3a)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in amphetamine' and if the quantity of such substance or mixture involved:
a.	Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty‑five thousand dollars ($25,000);
b.	Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 10,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3b)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of methamphetamine shall be guilty of a felony which felony shall be known as 'trafficking in methamphetamine' and if the quantity of such substance or mixture involved:
a.	Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 400 grams or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(4)	Any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate (except apomorphine, nalbuphine, analoxone and naltrexone and their respective salts), including heroin, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in opium or heroin' and if the quantity of such controlled substance or mixture involved:
a.	Is four grams or more, but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 117 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 279 months in the State's prison and shall be fined not less than five hundred thousand dollars ($500,000).
(4a)	Any person who sells, manufactures, delivers, transports, or possesses 100 tablets, capsules, or other dosage units, or the equivalent quantity, or more, of Lysergic Acid Diethylamide, or any mixture containing such substance, shall be guilty of a felony, which felony shall be known as 'trafficking in Lysergic Acid Diethylamide'. If the quantity of such substance or mixture involved:
a.	Is 100 or more dosage units, or equivalent quantity, but less than 500 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty‑five thousand dollars ($25,000);
b.	Is 500 or more dosage units, or equivalent quantity, but less than 1,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 1,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(5)	Except as provided in this subdivision, a person being sentenced under this subsection may not receive a suspended sentence or be placed on probation. The sentencing judge may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and place a person on probation when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co‑conspirators, or principals if the sentencing judge enters in the record a finding that the person to be sentenced has rendered such substantial assistance.
(6)	Sentences imposed pursuant to this subsection shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder.
(i)	The penalties provided in subsection (h) of this section shall also apply to any person who is convicted of conspiracy to commit any of the offenses described in subsection (h) of this section."
Sec. 2. Chapter 90 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 5.1.
"Drug Dealer Felons.
"§ 90‑95.6. Persons defined as drug dealer felon.
(a)	Any person who has been convicted of a drug dealer felony in any federal court, or in a court of this or any other state of the United States, is declared to be a drug dealer felon. For purposes of this Article, 'convicted' means the person has been adjudged guilty of or has entered a plea of guilty or no contest to the drug dealer charge, and judgment has been entered thereon when such action occurred on or after July 6, 1967. Any felony to which a pardon has been extended shall not, for the purposes of this Article, constitute a felony. The burden of proving a pardon shall rest with the defendant, and this State shall not be required to disprove a pardon.
(b)	For purposes of this Article, 'drug dealer felony' includes the following offenses:
(1)	Manufacture, sell, or deliver, or possession with intent to manufacture, sell, or deliver a controlled substance.
(2)	Any trafficking offenses listed in G.S. 90‑95(h).
(3)	Create, sell, or deliver, or possess with intent to sell or deliver a counterfeit controlled substance.
(4)	Any conspiracy or attempt to commit the offenses listed in subdivision (1), (2), or (3).
(5)	Any repealed or superseded offense substantially equivalent to the offense listed in subdivision (1), (2), (3), or (4).
(6)	Any offense committed in another jurisdiction substantially equivalent to the offenses set forth in subdivision (1), (2), (3), (4), or (5).
"§ 90‑95.7. Punishment.
When a person is charged by indictment with the commission of a drug dealer felony and is also charged with being a drug dealer felon as defined in G.S. 90‑95.6(a), the person must, upon conviction, be sentenced in accordance with this Article (unless some other statute provides for greater punishment). In order for the punishment and sentencing provisions of this Article to apply, the date of offense for the principal drug dealer felony must occur after the conviction of the prior drug dealer felony which creates the status as drug dealer felon.
"§ 90‑95.8. Charge of drug dealer felon.
An indictment that charges a person who is a drug dealer felon within the meaning of G.S. 90‑95.6(a) with the commission of any drug dealer felony must, in order to sustain a conviction of drug dealer felon, also charge that the person is a drug dealer felon. The indictment charging the defendant as a drug dealer felon shall be separate from the indictment charging the defendant with the principal drug dealer felony. An indictment that charges a person with being a drug dealer felon must set forth the date that the prior drug dealer felony was committed, the name of the state or other sovereign against whom the drug dealer felony was committed, the date of conviction of the drug dealer felony, and the identity of the court in which the conviction took place. A defendant charged with being a drug dealer felon in a bill of indictment shall not be required to go to trial on that charge within 20 days after the finding of a true bill by the grand jury unless the defendant waives this 20-day period.
"§ 90‑95.9. Evidence of a prior conviction of a drug dealer felony.
In all cases where a person is charged under this Article with being a drug dealer felon, the record of a prior conviction of a drug dealer felon shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of a former drug dealer felony. A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior conviction. The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court, and shall be prima facie evidence of the facts set out therein.
"§ 90‑95.10. Verdict and judgment.
When an indictment charges a drug dealer felon with a drug dealer felony as provided in this Article and an indictment also charges that the person is a drug dealer felon as provided in this Article, the defendant shall be tried for the principal drug dealer felony as provided by law. The indictment that the person is a drug dealer felon shall not be revealed to the jury unless the jury finds the defendant guilty of the principal drug dealer felony or another drug dealer felony with which the defendant is charged. If the jury finds the defendant guilty of a drug dealer felony, the bill of indictment charging the defendant as a drug dealer felon may be presented to the same jury. Except that the same jury may be used, the proceedings shall be as if the issue of a drug dealer felon were a principal charge. If the jury finds that the defendant is a drug dealer felon, the trial judge shall enter judgment according to the provisions of this Article. If the jury finds that the defendant is not a drug dealer felon, the trial judge shall pronounce judgment on the principal drug dealer felony or felonies as provided by law.
"§ 90‑95.11. Sentencing of drug dealer felons.
A person who is convicted of a drug dealer felony and of being a drug dealer felon must, upon conviction, be sentenced as a Class B2 felon (unless other drug dealer felony statutes provide for greater punishment). In determining the prior record level. convictions used to establish a person's status as a drug dealer felony shall not be used. Sentences for drug dealer felonies imposed under this Article shall run consecutively with and shall commence at the expiration of any other sentence being served by the person."
Sec. 3. This act becomes effective December 1, 1996, and applies to offenses committed on or after that date.