State v. Cianelli

Appellants bring these consolidated appeals from their respective judgments of conviction for delivery of cocaine. The sole issue is the constitutionality of the legislature’s classification of cocaine as a Schedule II controlled substance. I.C. §§ 37-2701(o)(4) and -2707(b)(4). In particular, defendants maintain that the legislature’s classification of cocaine as a narcotic for regulatory and penalty purposes is in conflict with constitutional principles of due process, equal protection, and cruel and unusual punishment. Defendants cite Illinois and Michigan cases, e. g., People v. McCabe,…