State v. Krego

Defendant Sharon Krego has been indicted for knowingly possessing 1.08 grams of phencyclidine (PCP). Presently, she has filed a motion challenging the procedure by which phencyclidine has been classified as a Schedule II controlled substance rather than a Schedule III controlled substance under R. C. 3719.41. Specifically, the defendant *15asserts that R. C. 3719.44, insofar as it provides that the State Board of Pharmacy may transfer a narcotic from one schedule to another in the state drug classification scheme, unlawfully delegates legislative authority to the State Board of Pharmacy.…