People v. Stark and Peacock

The people of the State of Colorado caused this writ of error to issue in order that this court might pass upon the constitutionality of 48-5, C.R.S. 1963, in so far as the provisions of that article prohibit the possession, use, and sale of the narcotic drug “cannabis” (commonly known and frequently referred to as marijuana).

Defendants in error were accused of violating the aforementioned statute in an information filed in the district court of Boulder county. By motion to dismiss, they challenged the constitutionality of the Act in so far as it purported to prohibit the possession of…