State v. Scott

OPINION

COOPER, Chief Justice.

This was a direct appeal from a judgment entered after appellant pled guilty to distributing an imitation controlled substance in violation of T.C.A. § 39-6-454 (Supp.1984). Appellant was allowed to appeal a certified question of law under Tenn. R.Crim.P. 37(b)(2)(i). He challenged the constitutionality of the Tennessee statute on two grounds: the preemption of this area of drug regulation by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq. (1972 & Supp.1984), and violation of the First Amendment to the Constitution of the United States. We find…