Legal Opinion
State v. Gula
Superior Court of Delaware
Decided April 19, 1974PublishedCited by 3 opinions
1Opinion of the Court
OPINION
O’HARA, Judge.
Each defendant in this matter has been indicted for multiple violations of the Uniform Controlled Substances Act (hereinafter “the Act"), 16 Del.C. Chap. 47. Claiming that no schedule of controlled substances currently exists to sustain prosecution, and that classification of marijuana as a Schedule I controlled substance is unconstitutional, the defendants move separately for dismissal of the indictments for lack of jurisdiction. Superior Court Criminal Rule 12(b), Del.C.Ann.
The motions were consolidated for briefing and oral argument. At oral argument, in deference to…
2Cases cited10 opinions
- United States v. John C. KifferCourt of Appeals for the Second Circuit · 1973
- Freimuth v. StateSupreme Court of Florida · 1972
- Junghans v. Department of Human Resources of District of ColumbiaDistrict of Columbia Court of Appeals · 1972
- Kreisher v. StateSupreme Court of Delaware · 1974
- Warren v. StateCourt of Criminal Appeals of Alabama · 1973
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3Cited by3 opinions
- Priest v. StateSupreme Court of Delaware · 2005
- Riddle v. StateCourt of Criminal Appeals of Texas · 1977
- Priest v. StateSupreme Court of Delaware · 2005