Commonwealth v. Hall

PALMORE, Judge.

In Robinson v. State of California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962), the Supreme Court held unconstitutional 1 a California law making it a crime to be a drug addict. Pursuant to that decision the Jefferson Circuit Court held that KRS 218.250 is likewise invalid and dismissed the -indictment in this case. The Commonwealth appeals. KRS 21.140(3).

Omitting subsection (2), which authorizes probation, KRS 218.250 reads as follows:

“(1) Any person who habitually uses narcotic drugs as defined in KRS 218.010 shall be imprisoned in the workhouse or county jail for…