Commonwealth v. Leis

There were complaints against the defendants for unlawfully having in their possession a certain narcotic drug, marihuana,2 and for conspiracy to violate the Narcotic Drugs Law.3 They were found guilty in the District Court and appeals were filed in the Superior Court. In addition the defendants were indicted for illegal possession of marihuana with intent to sell it unlawfully.4 In the Superior Court the defendants filed motions to dismiss the complaints and the indictments, asserting that the statutory provisions regulating the possession, use and sale of marihuana in this Commonwealth are…