Pubdate: Tue, 25 Nov 2003
Source: Greensboro News & Record (NC)
Copyright: 2003 Greensboro News & Record, Inc.
Contact:  http://www.news-record.com/
Details: http://www.mapinc.org/media/173

HAVING ANY COCAINE SHOULD BE A FELONY

The N.C. Court of Appeals decision that simple cocaine possession is a 
misdemeanor, not a felony, will get a closer look from the state Supreme 
Court. If the high court agrees with that interpretation, the General 
Assembly should consider rewriting the law so there's no doubt about the 
seriousness of illegally possessing drugs.

As it stands, state prosecutors could face hundreds of resentencing motions 
from prison inmates convicted as felons for possessing lesser amounts of 
cocaine. In some of those cases, defendants were sentenced to lengthy terms 
as habitual offenders. Downgrading the charge to a misdemeanor opens cell 
doors for many repeaters serving long stretches imposed under strict 
sentencing guidelines.

Attorney General Roy Cooper moved quickly following the ruling. As a 
result, the state Supreme Court issued a stay that delays implementation of 
the decision; for now, cases will be prosecuted as felonies pending the 
high court's ruling.

The appeal stems from the case of a Forsyth County man, tried as a habitual 
offender, who pleaded guilty to cocaine possession. Although he was 
questioning the plea agreement, the appeals court cited ambiguities in the 
1992 state law, contending it plainly states that simple possession of 
cocaine "is a misdemeanor punishable as a felony.'' Some legal experts say 
the ruling might apply to PCP and methamphetamine possession as well.

However, the General Assembly's intent clearly was to make simple 
possession of cocaine, particularly crack, a felony carrying up to five 
years in prison. Had it preferred something less, the law would have said so.

The appeals court's interpretation means holding as much as 150 $20 rocks 
of cocaine is a relatively minor violation. That sends the wrong message 
about one of the most addictive illegal drugs.

Police say crack addicts looking for their next fix commit violent 
robberies, burglaries and property crimes. Lowering the penalty simply 
invites an unwanted criminal element. And already lengthy District Court 
dockets would grow if the offense were considered a misdemeanor.

Meanwhile, staying tough on cocaine in the courts should not diminish the 
critical role of community-based rehabilitation programs in attacking the 
problem's roots. Such programs have higher success rates and cost less than 
long-term incarceration. Locally based drug-treatment alternatives 
consistently record lower recidivism rates than sending defendants to 
prison. Also effective are drug courts that offer probation and treatment 
options to abusers. But the first priority is making sure prosecutors and 
police have the tools to get offenders off the streets and to keep habitual 
offenders behind bars.
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