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. - --- MAP posted-by: Larry Stevens