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News (Media Awareness Project) - US NC: N.C. High Court Stays Crack Cocaine Ruling
Title:US NC: N.C. High Court Stays Crack Cocaine Ruling
Published On:2003-11-14
Source:Charlotte Observer (NC)
Fetched On:2008-01-19 05:51:55
N.C. HIGH COURT STAYS CRACK COCAINE RULING

RALEIGH, N.C. - The state Supreme Court agreed Friday 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 could also be applied to other drugs.

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.
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