GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 7

Short Title:  Increase Penalty for Certain Drug Sales.   	(Public)

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Sponsors: Senators Cooper; Albertson, Cochrane, Dalton, Gulley, Hoyle, Jordan, Kerr, Lee, Lucas, Miller, Odom, Plyler, Rand, Reeves, Shaw of Cumberland, Warren, Weinstein, Wellons, and Winner.

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Referred to:  Judiciary.

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February 3, 1997

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT THE NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION'S RECOMMENDATION TO INCREASE THE CRIMINAL PENALTY FOR THE SALE OF CERTAIN CONTROLLED SUBSTANCES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90-95(b) reads as rewritten:
"(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 H felon, except that the sale of a controlled substance classified in Schedule I or II shall be punished as a Class G felon;
(2)	A controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class I felon, except that the sale of a controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class H felon. 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)."
Section 2.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.