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Push to legalize weed in NC


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#16 ARSEN

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Posted 05 February 2013 - 09:40 AM

I'd get behind it.

#17 Floppin

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Posted 05 February 2013 - 09:40 AM

No. NC is a decriminalized state already. That is different that legalized.

http://en.wikipedia....nnabis-laws.svg


Erm nope. Don't feel bad, you're not the first person to have this egregious assumption based on that map.




The website of NORML (the National Organization for the Reform of Marijuana Laws) is a popular source for information about marijuana laws nationwide. However, its page on North Carolina marijuana laws contains some very misleading information.

It states: "The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation."

Is this true? Has North Carolina decriminalized marijuana?

The simplest answer is NO.

Marijuana possession, like other drug possession charges, falls under N.C.G.S. § 90‑95(a)(3). We learn from N.C.G.S. § 90-94 that marijuana is a Schedule VI controlled substance. The sentencing guidelines for possession of a Schedule VI controlled substance, found at N.C.G.S. § 90-95(d)(4), state that those found guilty of possession of a Schedule VI substance "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."

It further states, however, that:

a) Possession of more than one half ounce (1/2 oz.) of marijuana or one twentieth of an ounce (1/20 oz.) of hashish is a Class 1 misdemeanor.
B) Possession of more than one and one half ounces (1 1/2 oz.) or marijuana or three twentieths of an ounce (3/20 oz.) of hashish, or possession of marijuana that contains "synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana" is a Class 1 felony.

So here's the rundown of what's wrong with NORML's statement, included above.

1) It is true that the statute specifies no prison time for a first-time charge of possession of a small amount of marijuana.

2) However, it fails to specify that "a small amount" means only less than one half ounce of marijuana, and that there are much stiffer penalties for possession of slightly larger quantities of marijuana, or for possession of hashish or substances with synthetic or enhanced THC content.

3) Additionally, it is not entirely true that there will be no criminal record for a first-time charge of possession of a small amount of marijuana. This is only the case in certain circumstances, for instance, if the defendant successfully completes a court-approved drug diversion program, leading to a dismissal of charges, or if the defendant has the conviction expunged at a later date.

4) A charge of possession of less than one half ounce of marijuana is "treated like a minor traffic violation" in the sense that the defendant is often given a citation, which means no formal arrest process, no appearance before a magistrate, and no bond requirement. The defendant is simply required to appear in court on a later date. However, in North Carolina, "minor traffic violations" are infractions, or non-criminal offenses. In North Carolina, marijuana possession is absolutely a criminal offense! It is, as noted above, at least a Class 3 misdemeanor, and a conviction will appear on a defendant's criminal record unless certain steps are taken.

Why are these discrepancies significant?

1) Many people who are not first offenders or whose charges exceed a Class 3 misdemeanor may be surprised to find that "decriminalization" does not apply to them - at all.

2) One minor mistake in compliance with a court-approved drug diversion program can result in the reinstatement of charges and a conviction resulting in a criminal record.

3) Criminal records checks can have a huge effect on your employment prospects and many employers actively avoid hiring applicants with past drug offenses. In today's employment market, a conviction of even a minor drug offense can be a significant obstacle to employment.

4) The federal government will suspend student loan aid to students who are convicted of drug offenses while receiving student loan aid under Title IV of the Higher Education Act of 1965. A first offense for possession will result in a one-year period of ineligibility for many federal student loans.


http://allenlawnc.com/?q=node/13

It's still a misdemeanor, as it has always been. The weight has been changed from a 1/2 ounce to a full ounce to be charged with a felony, but it's still fuging illegal to possess.

Unless you count, "no prison time for a first offense" to be decriminalized.

#18 Happy Panther

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Posted 05 February 2013 - 10:08 AM

You are playing semantic games over them meaning of decriminalized.

/unsubscribe

#19 Floppin

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Posted 05 February 2013 - 10:13 AM

You are playing semantic games over them meaning of decriminalized.

/unsubscribe


It's always been a misdemeanor. So what if they increased the amount you can carry and still only catch a misdemeanor, instead of a felony, while switching possession of less than a half ounce from a class 1 to a class 3. It's still a criminal charge. I don't understand how you believe the current law is actually "decriminalized".

Care to explain why you feel that way?

#20 RedMage138

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Posted 05 February 2013 - 10:14 AM

The east would do well to get behind it... They still havent recovered from tobacco


It would still be a federal offense

#21 mmmbeans

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Posted 05 February 2013 - 10:16 AM

It would still be a federal offense


yes... but that's on its way out... there's going to be a lot of money to be made and eastern NC has a dying agrarian economy.

#22 mmmbeans

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Posted 05 February 2013 - 10:18 AM

You are playing semantic games over them meaning of decriminalized.

/unsubscribe


i believe decriminalization hinges on the demotion of an offense from criminal to civil...

#23 Doc Holiday

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Posted 05 February 2013 - 10:28 AM

yes... but that's on its way out... there's going to be a lot of money to be made and eastern NC has a dying agrarian economy.

eastern NC could def grow it, only problem is the people out here view it as if its cocaine or meth, when many could argue its safer then alcohol

#24 Kurb

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Posted 05 February 2013 - 10:34 AM

eastern NC could def grow it, only problem is the people out here view it as if its cocaine or meth, when many could argue its saner then alcohol



SMH, lol Doc you make me sad.

#25 catfang

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Posted 05 February 2013 - 10:42 AM

"Eastern NC" to me means everything from Raleigh to about 5 miles from the coast. So yeah its a barren wasteland.

#26 Doc Holiday

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Posted 05 February 2013 - 10:45 AM

SMH, lol Doc you make me sad.

i lived in eastern nc when I was a kid and moved back recently and by in large when I've heard the topic come up that's the feeling I get from people out here, seriously if some of these people knew I used to smoke a lot(stopped because of job) they would probably not have anything to do with me.

I'm praying it becomes legal because I really do like the stuff but oh well. Eastern NC has never been known as forward thinking people.

#27 Lumps

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Posted 05 February 2013 - 10:49 AM

who needs weed when i have my marlboros and moonshine?

#28 ARSEN

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Posted 05 February 2013 - 10:51 AM

I smoked pot back in the day and I already told my fiancé that I would stop drinking alcohol if weed became legal. My fiancé never smoked pot but she has no problem with legalization.

#29 Happy Panther

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Posted 05 February 2013 - 10:55 AM

i believe decriminalization hinges on the demotion of an offense from criminal to civil...


The fact that I can't go to jail for buying 1/4 oz. of weed in NC while in other states consider it a felony is why we are labeled decriminalized.

It's a very accommodating law actually. I'm guessing that 95% of pot smokers in NC buy less than .5 oz when they do.

I own my own business and can't afford to get a felony or spend time in jail.

#30 88 Bronco

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Posted 05 February 2013 - 11:04 AM

NC will be the 47th state to legalize



And SC will be the 50th.


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