McCabe v. Burgess

This case comes on appeal from a trial court order dismissing plaintiff’s class action complaint. The Illinois Supreme Court, in the case of People v. McCabe (1971), 49 Ill. 2d 338, 275 N.E.2d 407, held that a defendant convicted of the illegal sale of marijuana under section 38 of the 1969 Uniform Narcotic Drug Act (Ill. Rev. Stat. 1969, ch. 38, par. 22 — 40) was denied equal protection of the law under the United States and Illinois constitutions. Later, in People v. Meyerowitz (1975), 61 Ill. 2d 200, 335 N.E.2d 1, the court held that the McCabe case must be given retroactive application…