Commonwealth v. Cunningham

Feigus, J.,

This case is before the Court en banc upon defendant’s motion in arrest of judgment following his conviction upon a charge of possession of narcotic drugs following a nonjury trial before Feigus, J., specially presiding.

The narrow legal question for our determination is whether the possession of unplanted fertile marihuana seeds is violative of “The Drug, Device and Cosmetic Act” of September 26, 1961, P. L. 1664, et seq., 35 PS §780-1 et seq. The pertinent sections of the statute are the following:

“35 PS 780-2. Definitions

“(g) The term ‘narcotic drug’ means (1) opium; . . .; (3)…