Section 14.97 Constitutional Attacks

• Library: Criminal Practice 2012 Supp

c. (§14.97) Constitutional Attacks

Marijuana in Missouri is classified as a Schedule I controlled substance, along with hard narcotics like heroin. Some courts have found that it is unconstitutional to classify marijuana as a narcotic. See People v. McCabe, 275 N.E.2d 407 (Ill. 1971). Most courts, however, take the position that such a classification does not deny due process or equal protection because the legislature has a right to choose between conflicting scientific opinions. See Rener v. Beto, 447...