NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 1251
SENATE BILL 1054

AN ACT TO CONTROL TRAFFICKING IN CERTAIN CONTROLLED SUBSTANCES.

The General Assembly of North Carolina enacts:

Section 1.  Effective July 1, 1980, and as to offenses committed on or after that date, G.S. 14-17, as the same is found in Volume 1B of the General Statutes, 1979 Cumulative Supplement, is rewritten to read as follows:
"§ 14-17.  Murder in the first and second degree defined; punishment. — A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life as the court shall determine pursuant to G.S. 15A-2000. All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or preparation of opium when the ingestion of such substance causes the death of the user, shall be deemed murder in the second degree, and any person who commits such murder shall be punished by imprisonment for a term of not less than two years nor more than life imprisonment in the State's prison."
Sec. 2.  Effective March 1, 1981, and as to offenses committed on or after that date, G.S. 14-17 as it is set forth in Section 1 hereof is hereby rewritten to read as follows:
"§ 14-17.  Murder in the first and second degree defined; punishment. — A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life as the court shall determine pursuant to G.S. 15A-2000. All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or preparation of opium when the ingestion of such substance causes the death of the user, shall be deemed murder in the second degree, and any person who commits such murder shall be punished as a Class D felon."
Sec. 3.  Nothing in Sections 1 or 2 hereof shall be construed to render lawful any acts committed prior to the effective dates of those sections respectively and unlawful at the time said acts occurred, and nothing contained herein shall be construed to affect any prosecution instituted under Section 1 hereof and pending on the effective date of Section 2 hereof.
Sec. 4.  Effective July 1, 1980, and as to offenses committed on or after that date, subsection (b) of G.S. 90-95 as the same is found in Volume 2C of the General Statutes, 1975 Replacement, is hereby amended by deleting the word "Any" from the first sentence thereof and inserting in its place the words "Except as provided in subsections (h) and (i) of this section, any".
Sec. 5.  Effective July 1, 1980, and as to offenses committed on or after that date, subsection (d) of G.S. 90-95, as the same is found in Volume 2C of the General Statutes, 1975 Replacement, is hereby amended by deleting the word "Any" from the first sentence thereof and inserting in its place the words "Except as provided in subsections (h) and (i) of this section, any".
Sec. 6.  Effective July 1, 1980, and as to offenses committed on or after that date, G.S. 90-95, as the same is found in Volume 2C of the General Statutes, 1975 Replacement, is hereby amended by adding new subsections (h) and (i) to read:
"(h)	Notwithstanding any other provisions of law, the following provisions apply except as otherwise provided in this Article.
(1)	Any person who sells, manufactures, delivers, transports, or possesses in excess of 50 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as 'trafficking in marijuana' and if the quantity of such substance involved:
(i)	is in excess of 50 pounds, but less than 100 pounds, such person shall, upon conviction, be punished by imprisonment for not less than two years nor more than five years in the State's prison and shall be fined not less than five thousand dollars ($5,000);
(ii)	is 100 pounds or more, but less than 2,000 pounds, such person shall, upon conviction, be punished by imprisonment for not less than three years nor more than 10 years in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
(iii)	is 2,000 pounds or more, but less than 10,000 pounds, such person shall, upon conviction, be punished by imprisonment for not less than six years nor more than 15 years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
(iv)	is 10,000 pounds or more, such person shall, upon conviction, be punished by imprisonment for not less than 16 years nor more than 40 years in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(2)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or equivalent quantity, or more of methaqualone, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in methaqualone' and if the quantity of such substance or mixture involved:
(i)	is 1,000 or more dosage units or equivalent quantity, but less than 5,000 dosage units or equivalent quantity, such person shall, upon conviction, be punished by imprisonment for not less than three years nor more than 10 years in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
(ii)	is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units or equivalent quantity, such person shall, upon conviction, be punished by imprisonment for not less than six years nor more than 15 years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
(iii)	is 10,000 or more dosage units, or equivalent quantity, such person shall, upon conviction, be punished by imprisonment for not less than 16 years nor more than 40 years in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of coca leaves or any salts, compound, derivative, or preparation thereof which is chemically equivalent or identical to any of these substances (except decocainized coca leaves or any extraction of coca leaves which does not contain cocaine or ecgonine) or any mixture containing any such substance, shall be guilty of a felony which felony shall be known as 'trafficking in cocaine' and if the quantity of such substances or mixture involved:
(i)	is 28 grams or more, but less than 200 grams, such person shall, upon conviction, be punished by imprisonment for not less than three years nor more than 10 years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
(ii)	is 200 grams or more, but less than 400 grams, such person shall, upon conviction, be punished by imprisonment for not less than six years nor more than 15 years in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
(iii)	is 400 grams or more, such person shall, upon conviction, be punished by imprisonment for not less than 16 years nor more than 40 years in the State's prison and shall be fined not less than two hundred fifty thousand dollars ($250,000).
(4)	Any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate (except apomorphine, nalbuphine, naloxone and naltrexone, and their respective salts), including heroin, or any mixture containing any such substance, shall be guilty of a felony which felony shall be known as 'trafficking in opium or heroin' and if the quantity of such substance or mixture involved:
(i)	is four grams or more, but less than 14 grams, such person shall, upon conviction, be punished by imprisonment for not less than six years nor more than 15 years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
(ii)	is 14 grams or more, but less than 28 grams, such person shall, upon conviction, be punished by imprisonment for not less than eight years nor more than 20 years in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
(iii)	is 28 grams or more, such person shall, upon conviction, be punished by imprisonment for not less than 20 years nor more than 50 years in the State's prison and shall be fined not less than five hundred thousand dollars ($500,000).
(5)	Notwithstanding any other provision of law, except as provided in G.S. 90‑95(h)(6), any person who has been convicted of a violation of this subsection shall serve the applicable minimum prison term provided by this subsection before either unconditional release or parole.
(6)	A person sentenced under this subsection is not eligible for early release or early parole if the person is sentenced as a committed youthful offender and the sentencing judge may not suspend the sentence or place the person sentenced on probation. However, the sentencing judge may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and place a person on probation when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co- conspirators, or principals if the sentencing judge enters in the record a finding that the person to be sentenced has rendered such substantial assistance.
(7)	Sentences imposed pursuant to this subsection shall run consecutively with and shall commence at the expiration of any other sentence being served by the person sentenced hereunder.
(i)	The penalties provided in subsection (h) of this section shall also apply to any person who is convicted of conspiracy to commit any of the offenses described in subsection (h) of this section."
Sec. 7.  Effective March 1, 1981, and as to offenses committed on or after that date, subsections (h) and (i) of G.S. 90-95, as they are set forth in Section 6 of this act, are rewritten to read:
"(h)	Notwithstanding any other provision of law, the following provisions apply except as otherwise provided in this Article.
(1)	Any person who sells, manufactures, delivers, transports, or possesses in excess of 50 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as 'trafficking in marijuana' and if the quantity of such substance involved:
(i)	is in excess of 50 pounds, but less than 100 pounds, such person shall be punished as a Class H felon and shall be sentenced to a term of at least five years in the State's prison and shall be fined not less than five thousand dollars ($5,000);
(ii)	is 100 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a term of at least seven years in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
(iii)	is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a term of at least 14 years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
(iv)	is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a term of at least 35 years in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(2)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of methaqualone, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in methaqualone' and if the quantity of such substance or mixture involved:
(i)	is 1,000 or more dosage units, or equivalent quantity, but less than 5,000 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a term of at least seven years in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
(ii)	is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a term of at least 14 years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
(iii)	is 10,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a term of at least 35 years in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of coca leaves or any salts, compound, derivative, or preparation thereof which is chemically equivalent or identical to any of these substances (except decocainized coca leaves or any extraction of coca leaves which does not contain cocaine) or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in cocaine' and if the quantity of such substance or mixture involved:
(i)	is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a term of at least seven years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
(ii)	is 200 grams or more, but less than 400 grams, such person shall be punished as a Class F felon and shall be sentenced to a term of at least 14 years in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
(iii)	is 400 grams or more, such person shall be punished as a Class D felon and shall be sentenced to a term of at least 35 years in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(4)	Any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate (except apomorphine, nalbuphine, naloxone and naltrexone and their respective salts), including heroin, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in opium or heroin' and if the quantity of such controlled substance or mixture involved:
(i)	is four grams or more, but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a term of at least 14 years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
(ii)	is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a term of at least 18 years in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
(iii)	is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a term of at least 45 years in the State's prison and shall be fined not less than five hundred thousand dollars($500,000).
(5)	A person sentenced under this subsection is not eligible for early release or early parole if the person is sentenced as a committed youthful offender and the sentencing judge may not suspend the sentence or place the person sentenced on probation. However, the sentencing judge may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and place a person on probation when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co- conspirators, or principals if the sentencing judge enters in the record a finding that the person to be sentenced has rendered such substantial assistance.
(6)	Sentences imposed pursuant to this subsection shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder.
(i)	The penalties provided in subsection (h) of this section shall also apply to any person who is convicted of conspiracy to commit any of the offenses described in subsection (h) of this section."
Sec. 8.  Nothing in Sections 6 or 7 hereof shall be construed to render lawful any acts committed prior to the effective dates of those sections respectively and unlawful at the time said acts occurred; and nothing contained herein shall be construed to affect any prosecution instituted under Section 6 hereof and pending on the effective date of Section 7 hereof.
Sec. 9.  If any provisions of this act or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 10.  This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 25th day of June, 1980.