Hohnke v. Commonwealth

I dissent from that portion of the majority opinion which holds that the trial judge committed prejudicial error by refusing to afford the appellant the opportunity to make an avowal of evidence concerning whether the action of the State Board of Health in prohibiting the possession, use or distribution of LSD was erroneous. The record does not support the conclusion. I would affirm the judgment.

If KRS 218.010(14) had omitted marijuana (cannabis) and the State Board of *170Health under the delegation of power vested by the statute had declared marijuana to be an addictive drug, a more serious…