DRUG RULING'S EFFECTS WIDE

Simple Possession Now Misdemeanor

SHELBY (AP) A state Court of Appeals ruling that simple possession of
cocaine is a misdemeanor could affect thousands of cases across North
Carolina. 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, state and Cleveland County officials said.

It also applies to different 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 vs. 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 contention that it is a misdemeanor.

State Rep. Debbie Clary, a Cherryville Republican, said her staff was
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 all defendants who were convicted and sentenced for
possession of cocaine could ask for a new sentence.

Cleveland County Assistant District Attorney Rick Shaffer estimated his
office had about 50 cocaine possession cases pending and that the cases
would remain on hold until the state attorney general decided whether to
appeal.