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NC H637
Bill
Status
4/9/2013
Primary Sponsor
Kelly Alexander
Click for details
AI Summary
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Reclassifies marijuana possession penalties by quantity: possession of less than one ounce becomes an infraction, one to one-and-a-half ounces is a Class 3 misdemeanor with suspended imprisonment, one-and-a-half to two ounces is a Class 1 misdemeanor, and two ounces or more is a Class I felony.
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Establishes different penalty tiers for hashish (extracted resin of marijuana) with Class 3 misdemeanor for one-twentieth ounce or less, Class 1 misdemeanor for more than one-twentieth to three-twentieths ounce, and Class I felony for amounts exceeding three-twentieths ounce.
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Creates Class I felony penalty for any quantity of synthetic tetrahydrocannabinols or isolated tetrahydrocannabinols from marijuana resin.
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Allows persons convicted of Class 3 misdemeanor marijuana possession before December 1, 2013, to petition for expunction if they have maintained good behavior for two years post-conviction or after probation completion, with no other felony or misdemeanor convictions except traffic violations.
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Petitioner must pay $125 filing fee (waived for indigent individuals) and submit affidavits of good behavior, character references, and authorization for criminal history background checks; district attorney has 10 days to object.
Legislative Description
Expunction of Marijuana Offense
Last Action
Ref To Com On Judiciary Subcommittee B
4/10/2013