People v. Caryl

In this case the State appeals the dismissal of one count of an indictment. The issue we are called on to decide is whether prosecution under the general criminal conspiracy statute for violation of the Cannabis Control Act is preempted by the terms of that Act. We find that it is not preempted in toto.

Defendants Dean Caryl, Thomas Estes, Lawrence Caryl and Greg Bombard were indicted under the general criminal conspiracy statute (Ill. Rev. Stat. 1975, ch. 38, par. 8 — 2) for conspiracy to deliver more than 10 grams and not more than 30 grams of a substance containing cannabis (Ill. Rev. Stat.…