Plowman v. COM., DEPT. OF TRANSP.

OPINION

ZAPPALA, Justice.

This matter is before us as a direct appeal from the Order of the Court of Common Pleas of Franklin County holding that Section 13(m) of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-113(m), is unconstitutional. 1 Common Pleas Court based its conclusion on its determination that Section 13(m) was promulgated to promote a legitimate state objective but failed to accomplish that objective. Although the Legislature attempted to deter and punish individuals who possess, sell, or deliver drugs, the appropriate criminal punishment would serve as a…