A BILL TO BE ENTITLED
AN ACT to increase the criminal penalty for the unlawful manufacture of methamphetamine as recommended by the joint legislative corrections, crime control, and juvenile justice oversight committee.
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 as follows:  (i) the sale of a controlled substance classified in Schedule I or II shall be punished as a Class G felony, and (ii) the manufacture of methamphetamine shall be punished as provided by subdivision (1a) of this subsection.
(1a)	The manufacture of methamphetamine shall be punished as a Class C felony unless the offense was one of the following:  packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container. The offense of packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container shall be punished as a Class H felony.
(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, 2004, and applies to offenses committed on or after that date.