State v. Sargent

Defendant was convicted of violating OKS 475.100 (sale or possession of a dangerous drug as defined in Regulation 80-005 published by the State Board of Pharmacy). He appeals.

The sole issue is whether the Legislative Assembly may, constitutionally, delegate to an administrative agency the power to define an element of a crime.

Oregon Constitution, Art I, § 21, provides that no law shall be passed the taking effect of which shall be made to depend upon any authority, except as provided by the constitution. Article III, § 1, provides that the powers of government shall be divided into three…