Appellate Court of Illinois March 2, 1981, 16379 (People v. McCarty)

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United States · · · 02-03-1981

Mr. JUSTICE MILLS

delivered the opinion of the court:

The simple, uncontradicted scientific fact is: Cocaine is not a narcotic.

And the classification of cocaine as a “narcotic drug” is violative of equal protection.

McCarty was convicted by a jury of unlawful delivery of less than 30 grams of cocaine, in violation of section 401(b) of the Illinois Controlled Substances Act (Ill. Rev. Stat.

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