State v. Jones

BRADY, Justice.

The sole issue presented for review is whether the North Carolina General Assembly classifies the offense of possession of cocaine as a misdemeanor or a felony under N.C.G.S. § 90-95(d)(2). For the reasons stated in this opinion, we conclude that possession of cocaine is a felony and therefore reverse the decision of the Court of Appeals holding otherwise.

The underlying facts are as follows: Defendant Norman Wayne Jones 1 was indicted on 26 November 2001 for possession with intent to sell and deliver cocaine and for being an habitual felon. Defendant’s habitual felon indictment…