Commonwealth v. Maracic

Maracic and Hibbits were indicted for trafficking in 200 or more grams of cocaine in violation of G. L. c. 94C, § 32E(¿)(3), as appearing in St. 1982, c. 650, § 11. The defendants moved to dismiss the indictments, arguing that the 1982 amendments to this statute were unconstitutionally vague because the Legislature had failed to clarify unclear language in the penalty section of the statute as inserted by St. 1980, c. 436, § 4. The Supreme Judicial Court struck down similar provisions as impermissibly vague in Commonwealth v. Gagnon, 387 Mass. 567 (1982), Commonwealth v. Marrone, 387 Mass.…