People v. Schmidt

Defendant was charged in two separate informations with delivery of marijuana, MCL 335.341(1)(c); MSA 18.1070(41)(l)(c), on two specific dates in 1975. He moved to quash each information, claiming the Controlled Substances Act, 1 insofar as related to marijuana, was unconstitutional. The trial court denied the motion, after a hearing, on the basis of this Court’s decision in People v Alexander, 56 Mich App 400; 223 NW2d 750 (1974). Defendant then entered bargained pleas of guilty to two counts of possession of marijuana, MCL 335.341(4)(d); MSA 18.1070(41)(4)(d), in exchange for dismissal of…