Ex Parte McCurley

Certiorari was granted to consider the constitutionality of the Alabama Uniform Controlled Substances Act, Code of 1975, §§20-2-1 et seq.1 Specifically, the petitioner contends that the Act must fall for either of two reasons: (1) It is an unconstitutional delegation of legislative authority, and (2) in its application to the petitioner it failed to accord with the notice requirements of due process of law.

The particular provisions questioned by the petitioner are contained in § 20-2-20:(a) The state board of health, unless otherwise specified, shall administer this chapter and may add…