The Fair Sentencing Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 686

Short Title: The Fair Sentencing Act. (Public)
Sponsors: Senators Smith and Murdock (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S686-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REMOVE THE MANDATORY MINIMUM S ENTENCES REQUIRED FO R 2
CERTAIN CRIMINAL OFFENSES. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 14-7.41(a) reads as rewritten: 5
"(a) A person who is convicted of a firearm -related felony and is also convicted of the 6
status offense must, upon conviction or plea of guilty under indictment as provided in this Article, 7
be sentenced as a Class C felon (except where the felon has been sentenced as a Class A, B1, or 8
B2 felon). However, in no case shall the person receive a minimum term of imprisonment of less 9
than 120 months. The court may not suspend the sentence and may not place the person sentenced 10
on probation." 11
SECTION 2. G.S. 20-179 reads as rewritten: 12
"§ 20 -179. Sentencing hearing after conviction for impaired driving; determination of 13
grossly aggravating and aggravating and mitigating factors; punishments. 14
… 15
(f3) Aggravated Level One Punishment. – A defendant subject to Aggravated Level One 16
punishment may be fined up to te n thousand dollars ($10,000) and shall be sentenced to a term 17
of imprisonment that includes a minimum term of not less than 12 months and a maximum term 18
of not more than 36 months. Notwithstanding G.S. 15A-1371, a defendant sentenced to a term 19
of imprisonm ent pursuant to this subsection shall not be eligible for parole. However, the 20
defendant shall be released from the Statewide Misdemeanant Confinement Program on the date 21
equivalent to the defendant's maximum imposed term of imprisonment less four months and shall 22
be supervised by the Division of Community Supervision and Reentry under and subject to the 23
provisions of Article 84A of Chapter 15A of the General Statutes and shall also be required to 24
abstain from alcohol consumption for the four -month period o f supervision as verified by a 25
continuous alcohol monitoring system. For purposes of revocation, violation of the requirement 26
to abstain from alcohol or comply with the use of a continuous alcohol monitoring system shall 27
be deemed a controlling condition under G.S. 15A-1368.4. 28
The term of imprisonment may be suspended only if a condition of special probation is 29
imposed to require the defendant to serve a term of imprisonment of at least 120 days. If the 30
defendant is placed on probation, the judge shall impo se as requirements that the defendant (i) 31
abstain from alcohol consumption for a minimum of 120 days to a maximum of the term of 32
probation, as verified by a continuous alcohol monitoring system pursuant to subsection (h1) of 33
this section, and (ii) obtain a substance abuse assessment and the education or treatment required 34
by G.S. 20-17.6 for the restoration of a drivers license and as a condition of probation. The judge 35
may impose any other lawful condition of probation. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 686-First Edition
(g) Level One Punishment. – A defendant subject to Level One punishment may be fined 1
up to four thousand dollars ($4,000) and shall be sentenced to a term of imprisonment that 2
includes a minimum term of not less than 30 days and a maximum term of not more than 24 3
months. The term of imprisonment may be suspended only if a condition of special probation is 4
imposed to require the defendant to serve a term of imprisonment of at least 30 days. A judge 5
may reduce the minimum term of imprisonment required to a term of not less than 10 days if a 6
condition of special probation is imposed to require that a defendant abstain from alcohol 7
consumption and be monitored by a continuous alcohol monitoring system, of a type approved 8
by the Division of Community Supervision and Reentry of the Department of Adult Correction, 9
for a period of not less than 120 days. If the defendant is monitored on an approved continuous 10
alcohol monitoring system during the pretrial period, up to 60 days of pretrial monitoring may 11
be credited against the 120-day monitoring requirement for probation. If the defendant is placed 12
on probation, the judge shall impose a requirement that the defendant obtain a substance abuse 13
assessment and the education or treatment required by G.S. 20-17.6 for the restoration of a drivers 14
license and as a condition of probation. The judge may impose any other lawful condition of 15
probation. 16
(h) Level Two Punishment. – A defendant subject to Level Two punishment may be fined 17
up to two thousand dollars ($2,000) and shall be sentenced to a term of imprisonme nt that 18
includes a minimum term of not less than seven days and a maximum term of not more than 12 19
months. The term of imprisonment may be suspended only if a condition of special probation is 20
imposed to require the defendant to serve a term of imprisonmen t of at least seven days or to 21
abstain from consuming alcohol for at least 90 consecutive days, as verified by a continuous 22
alcohol monitoring system, of a type approved by the Division of Community Supervision and 23
Reentry of the Department of Adult Correc tion. If the defendant is subject to Level Two 24
punishment based on a finding that the grossly aggravating factor in subdivision (1) or (2) of 25
subsection (c) of this section applies, the conviction for a prior offense involving impaired driving 26
occurred wit hin five years before the date of the offense for which the defendant is being 27
sentenced and the judge suspends all active terms of imprisonment and imposes abstention from 28
alcohol as verified by a continuous alcohol monitory system, then the judge must also impose as 29
an additional condition of special probation that the defendant must complete 240 hours of 30
community service. If the defendant is monitored on an approved continuous alcohol monitoring 31
system during the pretrial period, up to 60 days of pretri al monitoring may be credited against 32
the 90-day monitoring requirement for probation. If the defendant is placed on probation, the 33
judge shall impose a requirement that the defendant obtain a substance abuse assessment and the 34
education or treatment required by G.S. 20-17.6 for the restoration of a drivers license and as a 35
condition of probation. The judge may impose any other lawful condition of probation. 36
… 37
(i) Level Three Punishment. – A defendant subject to Level Three punishment may be 38
fined up to one thousand dollars ($1,000) and shall be sentenced to a term of imprisonment that 39
includes a minimum term of not less than 72 hours and a maximum term of not more than six 40
months. The term of imprisonment may be suspended. However, the suspended sentence sh all 41
include the condition that the defendant: 42
(1) Be imprisoned for a term of at least 72 hours as a condition of special 43
probation; or 44
(2) Perform community service for a term of at least 72 hours; or 45
(3) Repealed by Session Laws 2006-253, s. 23, effective December 1, 2006, and 46
applicable to offenses committed on or after that date. 47
(4) Any combination of these conditions. 48
If the defendant is placed on probation, the judge shall impose a requirement that the 49
defendant obtain a substance abuse assessment an d the education or treatment required by 50
General Assembly Of North Carolina Session 2025
Senate Bill 686-First Edition Page 3
G.S. 20-17.6 for the restoration of a drivers license and as a condition of probation. The judge 1
may impose any other lawful condition of probation. 2
(j) Level Four Punishment. – A defendant subject to Level Four pun ishment may be 3
fined up to five hundred dollars ($500.00) and shall be sentenced to a term of imprisonment that 4
includes a minimum term of not less than 48 hours and a maximum term of not more than 120 5
days. The term of imprisonment may be suspended. Howev er, the suspended sentence shall 6
include the condition that the defendant: 7
(1) Be imprisoned for a term of 48 hours as a condition of special probation; or 8
(2) Perform community service for a term of 48 hours; or 9
(3) Repealed by Session Laws 2006-253, s. 23, effective December 1, 2006, and 10
applicable to offenses committed on or after that date. 11
(4) Any combination of these conditions. 12
If the defendant is placed on probation, the judge shall impose a requirement that the 13
defendant obtain a substance abuse as sessment and the education or treatment required by 14
G.S. 20-17.6 for the restoration of a drivers license and as a condition of probation. The judge 15
may impose any other lawful condition of probation. 16
(k) Level Five Punishment. – A defendant subject to Level Five punishment may be fined 17
up to two hundred dollars ($200.00) and shall be sentenced to a term of imprisonment that 18
includes a minimum term of no t less than 24 hours and a maximum term of not more th an 60 19
days. The term of imprisonment may be suspended. However, the suspended sentence shall 20
include the condition that the defendant: 21
(1) Be imprisoned for a term of 24 hours as a condition of special probation; or 22
(2) Perform community service for a term of 24 hours; or 23
(3) Repealed by Session Laws 2006-253, s. 23, effective December 1, 2006, and 24
applicable to offenses committed on or after that date. 25
(4) Any combination of these conditions. 26
If the defendant is placed on probation, the judge shall impose a requirement that the 27
defendant obtain a substance abuse assessment and the education or treatment required by 28
G.S. 20-17.6 for the restoration of a drivers license and as a condition of probation. The judge 29
may impose any other lawful condition of probation. 30
…." 31
SECTION 3. G.S. 90-95(h) reads as rewritten: 32
"(h) Notwithstanding any other provision of law, the following provisions apply except as 33
otherwise provided in this Article: 34
(1) Any person who sells, manufactures, delivers, transports, or possesses in 35
excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony 36
which felony shall be known as "trafficking in marijuana" and if the quantity 37
of such substance involved: 38
a. Is in excess of 10 pounds, but less than 50 pounds, such person shall 39
be punished as a Class H felon and shall be sentenced to a minimum 40
term of 25 months and a maximum term of 39 months in the State's 41
prison and shall be fined not less than five thousand dollars ($5,000); 42
b. Is 50 pounds or more, but less than 2,000 pounds, such person shall be 43
punished as a Class G felon and shall be sentenced to a minimum term 44
of 35 months and a maximum term of 51 months in the State's prison 45
and shall be fined not less than twenty-five thousand dollars ($25,000); 46
c. Is 2,000 pounds or more, but less than 10,000 pounds, such person 47
shall be punished as a Class F felon and shall be sentenced to a 48
minimum term of 70 months and a maximum term of 93 months in the 49
State's prison and shall be fined not less than fifty thousand dollars 50
($50,000); 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 686-First Edition
d. Is 10,000 pounds or more, such person shall be punished as a Class D 1
felon and shall be sentenced to a minimum term of 175 months and a 2
maximum term of 222 months in the State's prison and shall be fined 3
not less than two hundred thousand dollars ($200,000). 4
(1a) For the purpose of this subsection, a "dosage unit" shall consist of 3 grams of 5
synthetic cannabinoid or any mixture containing such substance. Any person 6
who sells, manufactures, delivers, transp orts, or possesses in excess of 50 7
dosage units of a synthetic cannabinoid or any mixture containing such 8
substance, shall be guilty of a felony, which felony shall be known as 9
"trafficking in synthetic cannabinoids," and if the quantity of such substance 10
involved: 11
a. Is in excess of 50 dosage units, but less than 250 dosage units, such 12
person shall be punished as a Class H felon and shall be sentenced to 13
a minimum term of 25 months and a maximum term of 39 months in 14
the State's prison and shall be fined not less than five thousand dollars 15
($5,000); 16
b. Is 250 dosage units or more, but less than 1250 dosage units, such 17
person shall be punished as a Class G felon and shall be sentenced to 18
a minimum term of 35 months and a maximum term of 51 months in 19
the State's prison and shall be fined not less than twenty-five thousand 20
dollars ($25,000); 21
c. Is 1250 dosage units or more, but less than 3750 dosage units, such 22
person shall be punished as a Class F felon and shall be sentenced to a 23
minimum term of 70 months and a maximum term of 93 months in the 24
State's prison and shall be fined not less than fifty thousand dollars 25
($50,000); 26
d. Is 3750 dosage units or more, such person shall be punished as a Class 27
D felon and shall be sentenced to a minimum term of 175 months and 28
a maximum term of 222 months in the State's prison and shall be fined 29
not less than two hundred thousand dollars ($200,000). 30
(2) Any person who sells, manufactures, delivers, transports, or possesses 1,000 31
tablets, capsules or other dosage units, or the equivalent quantity, or more of 32
methaqualone, or any mixture containing such substance, shall be guilty of a 33
felony which felony shall be known as "trafficking in methaqualone" and if 34
the quantity of such substance or mixture involved: 35
a. Is 1,000 or more dosage units, or equivalent quantity, but less than 36
5,000 dosage units, or equivalent quantity, such person shall be 37
punished as a Class G felon and shall be sentenced to a minimum term 38
of 35 months and a maximum term of 51 months in the State's prison 39
and shall be fined not less than twenty-five thousand dollars ($25,000); 40
b. Is 5,000 or more dosage units, or equivalent quantity, but less than 41
10,000 dosage units, or equivalent quantity, such person shall be 42
punished as a Class F felon and shall be sentenced to a minimum term 43
of 70 months and a maximum term of 93 months in the State's prison 44
and shall be fined not less than fifty thousand dollars ($50,000); 45
c. Is 10,000 or more dosage units, or equivalent quantity, such person 46
shall be punished as a Class D felon and shall be sentenced to a 47
minimum term of 175 months and a maximum term of 222 months in 48
the State's prison and shall be fined not less than two hundred thousand 49
dollars ($200,000). 50
General Assembly Of North Carolina Session 2025
Senate Bill 686-First Edition Page 5
(3) Any person who sells, manufactures, delivers, transports, or possesses 28 1
grams or more of cocaine and any salt, isomer (whether optical or geometric), 2
salts of isomers, compound, derivative, or preparation thereof, or any coca 3
leaves and any salt, isomer, salts of isomers, compound, derivative, or 4
preparation of coca leaves, and any salt, isomer, salts of isomers, compound, 5
derivative or preparation thereof which is chemically equivalent or identical 6
with any of these substances (except decocainized coca leaves or any 7
extraction of coca leaves which does not contain cocaine) or any mixture 8
containing such substances, shall be guilty of a felony, which felony shall be 9
known as "trafficking in cocaine" and if the quantity of such substance or 10
mixture involved: 11
a. Is 28 grams or more, but less than 200 grams, such perso n shall be 12
punished as a Class G felon and shall be sentenced to a minimum term 13
of 35 months and a maximum term of 51 months in the State's prison 14
and shall be fined not less than fifty thousand dollars ($50,000); 15
b. Is 200 grams or more, but less than 400 grams, such person shall be 16
punished as a Class F felon and shall be sentenced to a minimum term 17
of 70 months and a maximum term of 93 months in the State's prison 18
and shall be fined not less than one hundred thousand dollars 19
($100,000); 20
c. Is 400 grams or more, such person shall be punished as a Class D felon 21
and shall be sentenced to a minimum term of 175 months and a 22
maximum term of 222 months in the State's prison and shall be fined 23
at least two hundred fifty thousand dollars ($250,000). 24
(3a) Repealed by Session Laws 1999-370, s. 1, effective December 1, 1999. 25
(3b) Any person who sells, manufactures, delivers, transports, or possesses 28 26
grams or more of methamphetamine or any mixture containing such substance 27
shall be guilty of a felony which felony sh all be known as "trafficking in 28
methamphetamine" and if the quantity of such substance or mixture involved: 29
a. Is 28 grams or more, but less than 200 grams, such person shall be 30
punished as a Class F felon and shall be sentenced to a minimum term 31
of 70 months and a maximum term of 93 months in the State's prison 32
and shall be fined not less than fifty thousand dollars ($50,000); 33
b. Is 200 grams or more, but less than 400 grams, such person shall be 34
punished as a Class E felon and shall be sentenced to a minimum term 35
of 90 months and a maximum term of 120 months in the State's prison 36
and shall be fined not less than one hundred thousand dollars 37
($100,000); 38
c. Is 400 grams or more, such person shall be punished as a Class C felon 39
and shall be sentenced to a minimum term of 225 months and a 40
maximum term of 282 months in the State's prison and shall be fined 41
at least two hundred fifty thousand dollars ($250,000). 42
(3c) Any person who sells, manufactures, delivers, transports, or possesses 28 43
grams or more of amphetamine or any mixture containing such substance shall 44
be guilty of a felony, which felony shall be known as "trafficking in 45
amphetamine", and if the quantity of such substance or mixture involved: 46
a. Is 28 grams or more, but less than 200 grams, such person shall be 47
punished as a Class H felon and shall be sentenced to a minimum term 48
of 25 months and a maximum term of 39 months in the State's prison 49
and shall be fined not less than five thousand dollars ($5,000); 50
General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 686-First Edition
b. Is 200 grams or more, but less than 400 gr ams, such person shall be 1
punished as a Class G felon and shall be sentenced to a minimum term 2
of 35 months and a maximum term of 51 months in the State's prison 3
and shall be fined not less than twenty-five thousand dollars ($25,000); 4
c. Is 400 grams or more, such person shall be punished as a Class E felon 5
and shall be sentenced to a minimum term of 90 months and a 6
maximum term of 120 months in the State's prison and shall be fined 7
at least one hundred thousand dollars ($100,000). 8
(3d) Any person who sells , manufactures, delivers, transports, or possesses 28 9
grams or more of any substituted cathinone, as defined in G.S. 90-89(5)(j), or 10
any mixture containing such substance shall be guilty of a felony, which 11
felony shall be known as "trafficking in substitut ed cathinones," and if the 12
quantity of such substance or mixture involved: 13
a. Is 28 grams or more, but less than 200 grams, such person shall be 14
punished as a Class F felon and shall be sentenced to a minimum term 15
of 70 months and a maximum term of 93 months in the State's prison 16
and shall be fined not less than fifty thousand dollars ($50,000); 17
b. Is 200 grams or more, but less than 400 grams, such person shall be 18
punished as a Class E felon and shall be sentenced to a minimum term 19
of 90 months and a maximum term of 120 months in the State's prison 20
and shall be fined not less than one hundred thousand dollars 21
($100,000); 22
c. Is 400 grams or more, such person shall be punished as a Class C felon 23
and shall be sentenced to a minimum term of 225 months and a 24
maximum term of 282 months in the State's prison and shall be fined 25
at least two hundred fifty thousand dollars ($250,000). 26
(3e) Repealed by Session Laws 2018-44, s. 7, effective December 1, 2018. 27
(4) Any person who sells, manufactures, delivers, transpo rts, or possesses four 28
grams or more of opium, opiate, or opioid, or any salt, compound, derivative, 29
or preparation of opium, opiate, or opioid (except apomorphine, nalbuphine, 30
analoxone and naltrexone and their respective salts), including heroin, or any 31
mixture containing such substance, shall be guilty of a felony which felony 32
shall be known as "trafficking in opium, opiate, opioid, or heroin" and if the 33
quantity of such controlled substance or mixture involved: 34
a. Is four grams or more, but less than 14 grams, such person shall be 35
punished as a Class F felon and shall be sentenced to a minimum term 36
of 70 months and a maximum term of 93 months in the State's prison 37
and shall be fined as follows: 38
1. A fine of five hundred thousand dollars ($500,000) if the 39
controlled substance is heroin, fentanyl, or carfentanil, or any 40
salt, compound, derivative, or preparation thereof, or any 41
mixture containing any of these substances. 42
2. A fine of not less than fifty thousand dollars ($50,000) for any 43
controlled substanc e described in this subdivision and not 44
otherwise subject to sub -sub-subdivision 1. of this 45
sub-subdivision. 46
b. Is 14 grams or more, but less than 28 grams, such person shall be 47
punished as a Class E felon and shall be sentenced to a minimum term 48
of 90 months and a maximum term of 120 months in the State's prison 49
and shall be fined as follows: 50
General Assembly Of North Carolina Session 2025
Senate Bill 686-First Edition Page 7
1. A fine of seven hundred fifty thousand dollars ($750,000) if 1
the controlled substance is heroin, fentanyl, or carfentanil, or 2
any salt, compound, derivative, or pr eparation thereof, or any 3
mixture containing any of these substances. 4
2. A fine of not less than one hundred thousand dollars 5
($100,000) for any controlled substance described in this 6
subdivision and not otherwise subject to sub -sub-subdivision 7
1. of this sub-subdivision. 8
c. Is 28 grams or more, such person shall be punished as a Class C felon 9
and shall be sentenced to a minimum term of 225 months and a 10
maximum term of 282 months in the State's prison and shall be fined 11
as follows: 12
1. A fine of one million dollars ($1,000,000) if the controlled 13
substance is heroin, fentanyl, or carfentanil, or any salt, 14
compound, derivative, or preparation thereof, or any mixture 15
containing any of these substances. 16
2. A fine of not less than five hundred thousand dollars 17
($500,000) for any controlled substance described in this 18
subdivision and not otherwise subject to sub -sub-subdivision 19
1. of this sub-subdivision. 20
(4a) Any person who sells, manufactures, delivers, transports, or possesses 100 21
tablets, capsules, or other dosage units, or the equivalent quantity, or more, of 22
Lysergic Acid Diethylamide, or any mixture containing such substance, shall 23
be guilty of a felony, which felony shall be known as "trafficking in Lysergic 24
Acid Diethylamide". If the quantity of such substance or mixture involved: 25
a. Is 100 or more dosage units, or equivalent quantity, but less than 500 26
dosage units, or equivalent quantity, such person shall be punished as 27
a Class G felon and shall be sentenced to a minimum term of 35 28
months and a maximum term of 51 months in the State's prison and 29
shall be fined not less than twenty-five thousand dollars ($25,000); 30
b. Is 500 or more dosage units, or equivalent quantity, but less than 1,000 31
dosage units, or equivalent quantity, such person shall be punished as 32
a Class F felon and shall be sentenced to a minimum term of 70 months 33
and a maximum term of 93 months in the State's prison and shall be 34
fined not less than fifty thousand dollars ($50,000); 35
c. Is 1,000 or more dosage units, or equivalent quantity, such person shall 36
be punished as a Class D felon and shall be sentenced to a minimum 37
term of 175 months and a maximum term of 222 months in the State's 38
prison and shall be fined not less than two hundred thousand dollars 39
($200,000). 40
(4b) Any person who sells, manufactures, delivers, transports, or possesses 100 or 41
more tablets, capsules, or other dosage units, or 28 grams or more of 42
3,4-methylenedioxyamphetamine (MDA), including its salts, isomers, and 43
salts of isomers, or 3,4 -methylenedioxymethamphetamine (MDM A), 44
including its salts, isomers, and salts of isomers, or any mixture containing 45
such substances, shall be guilty of a felony, which felony shall be known as 46
"trafficking in MDA/MDMA." If the quantity of the substance or mixture 47
involved: 48
a. Is 100 or mor e tablets, capsules, or other dosage units, but less than 49
500 tablets, capsules, or other dosage units, or 28 grams or more, but 50
less than 200 grams, the person shall be punished as a Class G felon 51
General Assembly Of North Carolina Session 2025
Page 8 Senate Bill 686-First Edition
and shall be sentenced to a minimum term of 35 months and a 1
maximum term of 51 months in the State's prison and shall be fined 2
not less than twenty-five thousand dollars ($25,000); 3
b. Is 500 or more tablets, capsules, or other dosage units, but less than 4
1,000 tablets, capsules, or other dosage units, or 200 gram s or more, 5
but less than 400 grams, the person shall be punished as a Class F felon 6
and shall be sentenced to a minimum term of 70 months and a 7
maximum term of 93 months in the State's prison and shall be fined 8
not less than fifty thousand dollars ($50,000); 9
c. Is 1,000 or more tablets, capsules, or other dosage units, or 400 grams 10
or more, the person shall be punished as a Class D felon and shall be 11
sentenced to a minimum term of 175 months and a maximum term of 12
222 months in the State's prison and shall b e fined not less than two 13
hundred fifty thousand dollars ($250,000). 14
(5) Except as provided in this subdivision or subdivision (5a) of this subsection, 15
a person being sentenced under this subsection may not receive a suspended 16
sentence or be placed on probation. The sentencing judge may reduce the fine, 17
or impose a prison term less than the applicable minimum prison term 18
provided by this subsection, or suspend the prison term imposed and place a 19
person on probation when such person has, to the best of the p erson's 20
knowledge, provided substantial assistance in the identification, arrest, or 21
conviction of any accomplices, accessories, co -conspirators, or principals if 22
the sentencing judge enters in the record a finding that the person to be 23
sentenced has rendered such substantial assistance. 24
(5a) A judge sentencing a person for a conviction pursuant to G.S. 90-95(h) or 25
G.S. 90-95(i) for conspiracy to commit a violation of G.S. 90-95(h) shall 26
impose the applicable minimum prison term provided by this subsection. The 27
sentencing judge may reduce the fine and sentence the person consistent with 28
the applicable offense classification and prior record level provided in 29
G.S. 15A-1340.17, if after a hearing and an opportunity for the district 30
attorney to present evidence , including evidence from the investigating law 31
enforcement officer, other law enforcement officers, or witnesses with 32
knowledge of the defendant's conduct at any time prior to sentencing, the 33
judge enters into the record specific findings that all of the following are met: 34
a. The defendant has accepted responsibility for the defendant's criminal 35
conduct. 36
b. The defendant has not previously been convicted of a felony under 37
G.S. 90-95. 38
c. The defendant did not use violence or a credible threat of violence, or 39
possess a firearm or other dangerous weapon, in the commission of the 40
offense for which the defendant is being sentenced. 41
d. The defendant did not use violence or a credible threat of violence, or 42
possess a firearm or other dangerous weapon, in the commi ssion of 43
any other violation of law. 44
e. The defendant has admitted that he or she has a substance abuse 45
disorder involving a controlled substance and has successfully 46
completed a treatment program approved by the Court to address the 47
substance abuse disorder. 48
f. Imposition of the mandatory minimum prison term would result in 49
substantial injustice. 50
General Assembly Of North Carolina Session 2025
Senate Bill 686-First Edition Page 9
g. Imposition of the mandatory minimum prison sentence is not 1
necessary for the protection of the public. 2
h. The defendant is being sentenced solely for trafficking, or conspiracy 3
to commit trafficking, as a result of possession of a controlled 4
substance. 5
i. There is no substantial evidence that the defendant has ever engaged 6
in the transport for purpose of sale, sale, manufacture, or delivery of a 7
controlled substance or the intent to transport for purpose of sale, sell, 8
manufacture, or deliver a controlled substance. 9
j. The defendant, to the best of his or her knowledge, has provided all 10
reasonable assistance in the identification, arrest, or conviction of any 11
accomplices, accessories, co-conspirators, or principals. 12
k. The defendant is being sentenced for trafficking, or conspiracy to 13
commit trafficking, for possession of an amount of a controlled 14
substance that is not of a quantity greater than the lowest category for 15
which a defendant may be convicted for trafficking of that controlled 16
substance under G.S. 90-95(h). 17
(6) Sentences imposed pursuant to this subsection shallmay run consecutively 18
with and shall commence at the expiration of any sentence being served by 19
the person sentenced hereunder. 20
…." 21
SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 22
committed on or after that date. 23