State v. Robertson

189 S.E.2d 568, 15 N.C. App. 223, 1972 N.C. App. LEXIS 1873

Opinion

MORRIS, Judge.

Defendant’s sole contention on appeal is that he should be given the benefit of the reduced sentence provided under the North Carolina Controlled Substances Act, effective 1 January 1972, wherein a first offense of possession of marijuana is a misdemeanor punishable by not more than six months or $500 [G.S. 90-95 (e)]. Because the offense was committed prior to 1 January 1972, however, the pre-existing law as to prosecution and punishment under the Uniform Narcotic Drug Act (Articles 5 and 5A, Chapter 90 of the General Statutes prior to the 1972 re-write) remains in full force and effect, and defendant was properly punished as a felon. State v. Harvey, 281 N.C. 1, 187 S.E. 2d 706 (1972); accord, State v. Oxendine, 15 N.C. App. 222, 189 S.E. 2d 607 (1972).

No error.

Judges Vaughn and Graham concur.