People v. Kimbrough

The defendant, Michael Kimbrough, was charged in a three-count indictment with certain violations of the Illinois Controlled Substances Act (720 ILCS 570/100 et seq. (West 1992)) pertaining to LSD (LSD provisions). Defendant filed a motion to dismiss the indictment alleging that the LSD provisions of the Act are unconstitutional. Defendant alleged that the LSD provisions violate the equal protection and due process clauses of both the United States Constitution and the Illinois Constitution of 1970. The trial court granted the defendant’s motion to dismiss all counts of the indictment,…