Commonwealth v. Gagnon

The single issue in this case is the constitutionality of G. L. c. 94C, § 32 (a). We hold that it is unconstitutional.

In February and March, 1981, an Essex County grand jury returned two indictments against Norman Gagnon and one against Philip C. Chouinard for the unlawful distribution of heroin in violation of § 32 (a) of G. L. c. 94C, the Controlled Substances Act. In May, 1981, the defendants moved to dismiss the indictments on the ground that § 32 (a) “is unconstitutionally vague and ambiguous in that its penalty clause comprehends two inconsistent penalty schemes and is therefore void.”…