Commonwealth v. Sutley

In 1972, the Legislature enacted the Controlled Substance, Drug, Device and Cosmetic Act [Controlled Substance Act],1 which replaced the Drug, Device and Cosmetic Act.2 The Controlled Substance Act substantially reduced the penalties for possession of marijuana. Compare section 13(g) of the Controlled Substance Act3 (imprisonment not to exceed *276thirty days for possession of a small amount of marijuana for personal use) with section 20(c) of the Drug, Device and Cosmetic Act4 ("imprisonment by separate or solitary confinement at labor of not less than two (2) or more than five (5) years” for…