COURT'S RULING ON COCAINE IS QUESTIONED

Possession Of As Many As 150 Rocks Classified As A Misdemeanor

The Associated Press

Shelby

A North Carolina Court of Appeals ruling that simple possession of cocaine
is a misdemeanor could affect thousands of cases across the state.

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,
said state and Cleveland County officials.

It also applies to different drugs, including PCP and methamphetamine, said
Robert Farb, a professor of public law and government at the Institute of
Government.

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

This plea classified Jones as a habitual felon.

Jones appealed and the Court of Appeals ruled that 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.

North Carolina Attorney General Roy Cooper said that the state plans to
request a temporary stay of the decision later this week and will ask the
state Supreme Court to review the matter.

"We plan to appeal this decision that makes it easier for drug dealers to
operate," Cooper said in a statement issued Monday.

"Dangerous drugs like cocaine can ruin lives and destroy communities.
Prosecutors need to use the law that makes drug possession a felony to keep
our streets safe."

State Rep. Debbie Clary, R-Cleveland, said her staff is already 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 that all defendants who were convicted and sentenced for
possession of cocaine could ask for a new sentence.

Rick Shaffer, Cleveland County's assistant district attorney, said he
estimated that his office had about 50 cocaine-possession cases pending. He
said that cases would remain on hold until the state attorney general
decided whether to appeal.