State v. Dougall

The trial court denied petitioner's motion to dismiss a criminal action against him for failure to state an offense. We reverse.

On June 4, 1975, an order was published in the Federal Register designating diazepam (Valium) a controlled substance under federal law. The Washington legislature did not designate or reschedule Valium as a controlled substance by amending the Uniform Controlled Substances Act, RCW 69.50, and the Washington State Board of Pharmacy (Board) did not designate or reschedule it as a controlled substance pursuant to the hearing and notice requirements of the Administrative…