Loading chat...

NC H637

Bill

Status

Introduced

4/9/2013

Primary Sponsor

Kelly Alexander

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • 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.

  • 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.

  • Creates Class I felony penalty for any quantity of synthetic tetrahydrocannabinols or isolated tetrahydrocannabinols from marijuana resin.

  • 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.

  • 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

Committee Referrals

Judiciary Subcommittee B4/10/2013

Full Bill Text

No bill text available