State v. Welkner

TATE, Justice.

The state appeals from a trial court judgment which sustained a motion to quash. The defendants were prosecuted under La. R.S. 40 :971, as amended by Act 457 of 1970. The trial court held this 1970 statute unconstitutional insofar as it purported to apply to the control and use of barbiturate, amphetamine, and hallucinogenic drugs.

The trial court concluded the act was unconstitutional in this regard because its title was not sufficiently indicative, of its object — because the provisions regulating amphetamines, barbiturates, and halllucinogens exceeded the limitations of the…