Newsbrief: North Carolina Supreme Court Settles Dispute, Declares Cocaine Possession Is a Felony 7/2/04

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Last October, DRCNet reported on a pair of rulings by the North Carolina Court of Appeals that cocaine possession was a misdemeanor under state law, not a felony (http://stopthedrugwar.org/chronicle/313/misdemeanor.shtml). One section of state law classified cocaine possession as a misdemeanor, punishable by up to five years in prison, while another section of state law read that a felony is any crime punishable by time in state prison.

The rulings came in the cases of Norman Wayne Jones and Corey Sneed-El, both of whom had been convicted of felony cocaine possession and both of whom were subjected to enhanced sentences as habitual offenders under the state's sentencing guidelines.

The two courts held that language of the law was plain: simple possession was a misdemeanor. "Since the General Assembly made this law, it is not within the province of this Court to employ legal gymnastics to read the clear language differently than what it states," said the unanimous opinion in the second case, written by Judge James Wynn.

On June 23, the state Supreme Court overturned the Court of Appeals decisions, holding that the state's General Assembly really meant for cocaine possession to be a felony charge and that such convictions can be considered when determining habitual felon status.

"I'm pleased that the North Carolina Supreme Court recognizes that possession of cocaine should remain a felony," said state Attorney General Roy Cooper in a prepared statement. "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."

Sneed-El's attorney, Daniel Shatz, professed disappointment, saying the state law was clear that cocaine possession was a misdemeanor. The state's sentencing structure is a wreck, he told the Charlotte News & Observer. "It really needs some overhauling," Shatz said. "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."

North Carolina drug warriors may have dodged a bullet with this ruling, but as a sentencing guidelines state, in the wake of last week's US Supreme Court Blakely ruling (see article in this issue), North Carolina is now facing a howitzer shell coming straight at it.

To read the North Carolina Supreme Court decision online (temporarily unavailable until July 2), visit:
http://www.aoc.state.nc.us/www/public/sc/opinions/2004/601-03-1.htm

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Issue #344, 7/2/04 Editorial: Under Its Own Weight | Supreme Court Ruling Portends Massive Changes in Federal Sentencing -- Thousands Could Benefit from Reduced Sentences, Early Releases on Appeal | Federal Judge Declares Sentencing Guidelines Unconstitutional | Supreme Court to Hear Federal Government Appeal in California Medical Marijuana Case | International Anti-Drugs Day Marked by Executions in China, "Revolutionary Justice" in India, Silly Stuff Elsewhere | DRCNet Book Review: "Can't Find My Way Home: America in the Great Stoned Age, 1945-2000" by Martin Torgoff (Simon & Schuster, 2004, 474 Pages, Notes/Bibliography/Index, $27.95) | Newsbrief: Bill Introduced in Congress Would Mandate Ten Years to Life for Some Marijuana Sales | Newsbrief: New Jersey Needle Exchange Battle Continues | Newsbrief: Iran Wants to Ban Water Pipes | Newsbrief: European Drug Agency Punctures "Not Your Father's Marijuana" Myth | Newsbrief: North Carolina Supreme Court Settles Dispute, Declares Cocaine Possession Is a Felony | Media Scan: Ethan Nadelmann in National Review | This Week in History | The Reformer's Calendar
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