GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    1

HOUSE BILL 742

Short Title:        Weigh Marijuana/Conform to Fed Law.		(Public)
Sponsors:	Representatives Avila, Stevens, and Glazier (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to:	Judiciary Subcommittee B.

April 7, 2011

A BILL TO BE ENTITLED

AN ACT 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.

The General Assembly of North Carolina enacts:

SECTION 1.         G.S. 90-87(16) reads as rewritten: 

"(16)    Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.resin. If the marijuana has a moisture content that renders the marijuana unsuitable for human consumption without drying, an approximation of the weight of the marijuana without such excess moisture shall be used. The term does not include the following parts of the plant: 

a. Harvested mature marijuana stalks when separated from and not mixed with any other parts of the marijuana plant.

b. Fiber or any other product of marijuana stalks described in sub-subdivision a. of this subdivision, except resin extracted from the stalks.

c. Marijuana seeds that have been sterilized and are incapable of germination.

d. Roots of the marijuana plant."

SECTION 2.         G.S. 105-113.106(6) reads as rewritten:

"(6)      Marijuana. - All parts of the plant of the genus Cannabis, whether growing or not; the seeds of this plant; the resin extracted from any part of this plant; and every compound, manufacture, salt, derivative, mixture, or preparation of this plant, its seeds, or its resin."

SECTION 3.         G.S. 105-113.107(a1) reads as rewritten:

"(a1)     Weight. - A quantity of marijuana or other controlled substance is measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers. If the marijuana has a moisture content that renders the marijuana unsuitable for human consumption without drying, an approximation of the weight of the marijuana without such excess moisture shall be used."

SECTION 4.  This act becomes effective October 1, 2011.   This act applies to any criminal offense committed in violation of Article 5 or Article 5B of Chapter 90 of the General Statutes and applies to any tax imposed under Article 2D of Chapter 105 of the General Statutes.