¶1concurring in part and dissenting in part.
¶2While the prosecution of the defendant for the violation of the narcotic laws occurring prior to 1 January 1972 was not affected by the 1971 Act, in my opinion the principles enunciated in State v. Pardon, 272 N.C. 72, 157 S.E. 2d 698 (1967), and followed in State v. Spencer, 276 N.C. 535, 173 S.E. 2d 765 (1970), State v. McIntyre, 13 N.C. App. 479, 186 S.E. 2d 207 (1972), and State v. Smith, 13 N.C. App. 583, 186 S.E. 2d 600 (1972), are controlling, and the defendant has been con*705victed only of a misdemeanor. I vote to modify the judgment so as to reduce his sentence of imprisonment from four years to imprisonment for six months in the custody of the Commissioner of Corrections.