State v. Layne

Defendant appeals a conviction of violating ORS 474.020 (possession of marijuana). There are two assignments of error, both without merit.

The first challenges the constitutionality of the relevant sections of the Uniform Narcotic Drug Act on the ground that the statute delegates to the State Board of Pharmacy the duty to define narcotic drugs. The point was not raised in the trial court, and is not, therefore, properly before us on appeal.

We disregard the assignment for the further reason that courts do not decide the constitutionality of statutes upon hypothetical cases. It will be…