The PEOPLE v. Davis

An information was filed in the municipal court of Chicago charging the defendant with a violation of section 3 of article 22 of the Criminal Code of 1961. The defendant moved to strike the complaint on the ground that the pertinent portion of the statutory provision was invalid. The trial court granted the motion and the State has prosecuted a writ of error directly to this court, a constitutional question being involved.

The section of the statute with which we are concerned provides as follows: “It is unlawful for any person to manufacture, possess, have under his control, sell, prescribe,…