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.