State v. Floyd

The opinion of the court was delivered by

Prager, J.:

This is an appeal by the state in a criminal aotion in which the defendant-appellee, Ralph W. Floyd, Jr., was charged in the information with illegal possession of marijuana following a previous conviction for possession of marijuana contrary to K. S. A. 1974 Supp. 65-4127b (a). The issue presented on this appeal requires this court to construe 65-4127b (a) which provides as follows:

“Manufacture, possession, disposition or sale of depressant, stimulant or hallucinogenic drugs; penalties, (a) Except as authorized by the uniform controlled…