State v. Thompson

HIGGINS, Judge.

This appeal under Rule 30.02 and § 547.-210, RSMo 1978, charges error to dismissal of the information as insufficient. Irving E. Thompson was charged by the State of Missouri with illegal possession of pentazo-cine,1 a schedule IV controlled substance, in violation of § 195.240, RSMo 1978. The -trial court ruled that § 195.015.4, RSMo 1978, the section under which pentazocine was placed on the schedule IV list of controlled substances, is “an unconstitutional and illegal delegation of power by the Missouri General Assembly” because it “provides for the inclusion of substances…