People v. Summit

These cases were consolidated on appeal to this court. Convicted of offenses involving possession or sale of marijuana under the Colorado statutes, each defendant complains that he has suffered the consequences of a felony conviction and the heavier sentence provided because marijuana (cannabis sativa) has been classified as a narcotic drug, C.R.S. 1963, 48-5-1(14). Defendants point out, in contrast, that other drugs classified by our statutes as merely hallucinogenic or dangerous, 1969 Perm. Supp., C.R.S. 1963, 48-8-1(4) and (5), are treated as misdemeanors.

The common issue presented by each…