Bill Summary for S 455 (2021-2022)

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Summary date: 

Apr 1 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 455 (Public) Filed Thursday, April 1, 2021
AN ACT TO CONFORM THE HEMP LAWS WITH FEDERAL LAW BY PERMANENTLY EXCLUDING HEMP FROM THE STATE CONTROLLED SUBSTANCES ACT.
Intro. by Britt, Mohammed, Lee.

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Bill summary

Revises GS 14-4, making it an infraction punishable by a fine of up to $50 to violate a local ordinance or ordinance of a metropolitan sewerage district (currently a Class 3 misdemeanor punishable by up to $500, or $50 if the ordinance does not specify a greater fine, except violations of ordinances regulating the operation or parking of vehicles are an infraction punishable by fine of up to $50). Adds that the statute does not restrict local authority or the authority of a metropolitan sewerage district from imposing stricter civil penalties for violation of any ordinance pursuant to their respective authority under GS 153A-123, GS 160A-175, or GS 162A-81. Makes conforming changes. Applies to violations on or after December 1, 2021.

Enacts GS 14-4.2 to bar criminal convictions unless the offense is a common-law offense or appears in the following GS Chapters: 14 (Criminal Law), 20 (Motor Vehicles), or Article 5 of GS Chapter 90 (Controlled Substances Act). Excludes persons who have actual knowledge that the behavior constitutes a crime. Applies to offenses committed on or after December 1, 2021. 

Provides a savings clause for prosecutions for offenses committed before December 1, 2021.

Effective December 1, 2021.