LAW UNCLEAR ON COCAINE PENALTY, COURT RULES

RALEIGH -- The state Supreme Court agreed Thursday to stay a lower
court ruling that simple possession of cocaine is a misdemeanor and
not a felony. The ruling by the state Court of Appeals last week could
affect thousands of cases across the state, including those of prison
inmates already convicted and sentenced.

The Supreme Court granted the stay at the request of Attorney General
Roy Cooper.

"For the safety of communities, it is important that possession of
cocaine remain a felony. I am pleased that the court issued this stay
so that prosecutors and law enforcement can continue their fight
against drugs while this case is being decided," Cooper said in a
statement issued Friday.

In the Court of Appeals decision, the judges ruled that state law is
conflicting on the issue of whether possession of cocaine is a felony
or misdemeanor.

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

The ruling also applies to other drugs, including PCP and
methamphetamine, said Robert Farb, professor of public law and
government at UNC-Chapel Hill's Institute of Government.

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

The plea classified Jones as a habitual felon. Jones appealed, and the
Court of Appeals ruled that state statutes were conflicting on the
issue of whether possession of cocaine is a felony or misdemeanor. The
court sided with the defense that it is a misdemeanor.

The Supreme Court's stay will allow district attorneys to continue
prosecuting drug offenders for felonies pending a final decision on
whether to uphold or reject the appeals court ruling.

Legislators have also said that they will pursue changes to the
statute next year to clear up any conflicting language.