North Carolina Court Rules Cocaine Possession a Felony
The North Carolina Supreme Court overturned an appeals-court decision
and said that possession of cocaine is a felony, the Raleigh News
& Observer reported June 28.
The ruling was made in the case of repeat offenders Norman Wayne
Jones and Corey Tyrone Sneed-El. The lawsuit brought to light confusion
over a 1979 state law that outlines cocaine possession charges as
misdemeanors or felonies.
The appeals court ruled that the General Assembly considered cocaine
possession a misdemeanor. Under the ruling, Jones and Sneed-El wouldn't
be considered habitual felons. The court sent the two men back for
resentencing.
But in writing for the Supreme Court, Justice Ed Brady said that
the General Assembly considered cocaine possession a felony charge.
"I'm pleased that the North Carolina Supreme Court recognizes
that possession of cocaine should remain a felony," said Attorney
General Roy Cooper. "This ruling is critical to our fight against
drugs and crime, because it allows for longer sentences and gives
prosecutors the opportunity to use cocaine-possession charges to
keep habitual felons off the street."
Daniel Shatz, the lawyer representing Sneed-El, was disappointed
with the ruling, saying the system "needs some overhauling."
"What you get is essentially a lot of people who are drug
addicts or have substance-abuse problems who are being warehoused
in the prison system instead of getting treatment," he said.
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