AN ACT to RECLASSIFY MISDEMEANOR POSSESSION OF MARIJUANA OR HASHISH and possession of marijuana drug paraphernalia AS INFRACTIONS.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90‑95(d)(4) reads as rewritten:

(4)      AExcept as otherwise provided in this subdivision, a controlled substance classified in Schedule VI shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation. If the quantity of the controlled substance exceeds one‑half of an ounce (avoirdupois) of marijuana or one‑twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor.an infraction. If the quantity of the controlled substance exceeds one and one‑half ounces (avoirdupois) of marijuana, or three‑twentieths of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, or if the controlled substance consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the violation shall be punishable as a Class I felony.

SECTION 2.  G.S. 90‑113.22A(b) reads as rewritten:

(b)      A violation of this section is a Class 3 misdemeanor.an infraction. A violation of this section shall be a lesser included offense of G.S. 90‑113.22.

SECTION 3.  This act becomes effective December 1, 2021, and applies to offenses committed on or after that date.