People v. Upton

This case presents a challenge to the validity of section 404 of the Illinois Controlled Substances Act (Ill. Rev. Stat., 1982 Supp., ch. 56V2, par. 1404). The penalty provision of section 404, section 404(b), fixes a maximum fine for distribution of a “look-alike,” or fraudulent, controlled substance, higher than the maximum fine provided for the distribution of certain bona fide controlled substances. It is claimed that this disparity in maximum fines offends the due process clause of the Illinois Constitution (Ill. Const. 1970, art. I, sec. 2).

This case also involves a broader question,…