Pubdate: Tue, 11 Nov 2003
Source: Winston-Salem Journal (NC)
Copyright: 2003 Piedmont Publishing Co. Inc.
Contact:  http://www.journalnow.com/
Details: http://www.mapinc.org/media/504

COURT'S RULING ON COCAINE IS QUESTIONED

Possession Of As Many As 150 Rocks Classified As A Misdemeanor

The Associated Press

Shelby

A North Carolina Court of Appeals ruling that simple possession of cocaine 
is a misdemeanor could affect thousands of cases across the state.

The ruling last week means that someone could be arrested for having as 
many as 150 $20 rocks of cocaine and be charged with only a misdemeanor, 
said state and Cleveland County officials.

It also applies to different drugs, including PCP and methamphetamine, said 
Robert Farb, a professor of public law and government at the Institute of 
Government.

The court's ruling stemmed from a Forsyth County case, State vs. Norman 
Jones, in which the defendant pleaded guilty to possession with intent to 
sell and deliver cocaine.

This plea classified Jones as a habitual felon.

Jones appealed and the Court of Appeals ruled that statutes were 
conflicting on the issue of whether possession of cocaine is a felony or 
misdemeanor.

The court sided with the defense contention that it is a misdemeanor.

North Carolina Attorney General Roy Cooper said that the state plans to 
request a temporary stay of the decision later this week and will ask the 
state Supreme Court to review the matter.

"We plan to appeal this decision that makes it easier for drug dealers to 
operate," Cooper said in a statement issued Monday.

"Dangerous drugs like cocaine can ruin lives and destroy communities. 
Prosecutors need to use the law that makes drug possession a felony to keep 
our streets safe."

State Rep. Debbie Clary, R-Cleveland, said her staff is already looking 
into a legislative solution.

"I'm asking for a recommendation from my staff on changing the statute so 
that intent of the statute is followed," Clary said.

Farb also said that all defendants who were convicted and sentenced for 
possession of cocaine could ask for a new sentence.

Rick Shaffer, Cleveland County's assistant district attorney, said he 
estimated that his office had about 50 cocaine-possession cases pending. He 
said that cases would remain on hold until the state attorney general 
decided whether to appeal.
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