WEIGHT OF MARIJUANA/CONTROLLED SUBSTANCES (NEW).

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View NCGA Bill Details2011-2012 Session
House Bill 742 (Public) Filed Wednesday, April 6, 2011
TO CONFORM THE DEFINITION OF MARIJUANA USED IN THE GENERAL STATUTES SO THAT IT IS THE SAME IN CIVIL AND CRIMINAL STATUTES AND TO FURTHER CONFORM THE DEFINITION OF MARIJUANA WITH FEDERAL GUIDELINES ON THE WEIGHING OF MARIJUANA PLANTS.
Intro. by Avila, Stevens, Glazier.

Status: Ref To Com On Judiciary II (Senate Action) (Jun 8 2011)
H 742

Bill Summaries:

  • Summary date: Jun 7 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Deletes organizational changes made in the 1st edition to GS 90-87(16) which defines marijuana. Adds that the term marijuana does not include the roots of the plant.
    Adds new subsection (a1) to GS 90-95 which incorporates the criteria for determining the weight of marijuana specified in GS 105-113.107(a1); however, does not include provision, added in previous edition, specifying that the weight to be used for marijuana above a certain moisture content is the approximate weight of the marijuana without such moisture. Provides that the weight of marijuana or other controlled substance is measured by the weight of the substance in the dealer’s possession, whether pure, impure, or diluted, or by dosage units if the substance is not sold by weight. Amends GS 90-95(h) to provide that the weight of a controlled substance includes the weight of any capsule or other consumable container in which the controlled substance is found.
    Makes conforming changes to the title. Effective December 1, 2011 (was, October 1, 2011) and applies to any criminal offense committed in violation of Article 5 or 5B of GS Chapter 90 and to any tax imposed under Article 2D of GS Chapter 105 on or after that date.


  • Summary date: Apr 6 2011 - View Summary

    Amends GS 90-87(16) to clarify what parts of the plant are not included in the definition of “marijuana” and to specify that the weight to be used for marijuana above a certain moisture content is the approximate weight of the marijuana without such moisture. Amends GS 105-113.106(6) to include every manufacture of the plant. Amends GS 105-113.107(a1) to specify that the weight to be used for marijuana above a certain moisture content is the approximate weight of the marijuana without such moisture. Effective October 1, 2011 and applies to any criminal offense committed in violation of Article 5 or 5B of Chapter 90 and to any tax imposed under Article 2D of Chapter 105.