People v. McCarty

The simple, uncontradicted scientific fact is: Cocaine is not a narcotic.

And the classification of cocaine as a “narcotic drug” is violative of equal protection.

McCarty was convicted by a jury of unlawful delivery of less than 30 grams of cocaine, in violation of section 401(b) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1979, ch. 56*2, par. 1401(b)). On appeal, he challenges the constitutionality of the classification of cocaine as a schedule II narcotic and the trial court’s denial of his motion to suppress any in-court identification of him.

The statutory scheme challenged…