People v. Moore

DUBOFSKY, Justice.

In these consolidated appeals 1 the People challenge the district court rulings declaring unconstitutional section 18-5-306, C.R.S. (1978 Repl.Vol. 8) (1982 Supp.), 2 which prohibits the sale or distribution of counterfeit controlled substances, and the possession of such substances with intent to sell or distribute them. The district courts ruled that the “reasonable person” standard in the definition of a counterfeit controlled substance in section 18 — 5—306(1) (b) is either vague or overbroad. We reverse the district court rulings, and remand all three cases for further…