Johnson v. United States
Johnson v. United States
Opinion of the Court
Appellant was convicted of possession of methylphenidate (Ritalin) in violation of the District of Columbia Dangerous Drug Act (DDA), D.C.Code 1973, § 33-701 et seq. He admits possession of the drug but argues that he was convicted under the wrong Act. His argument, as we understand it, is that he should have been charged under the Federal Controlled Substance Act (CSA), 21 U.S.C. § 801 et seq. (1976).
DDA, besides naming certain specific drugs, includes other drugs or compounds found and declared by the District of Columbia Council to have certain specified effects; but the Act provides that the term “dangerous drug” shall not include “any drug the manufacture or delivery of which is regulated by Federal narcotic drug laws, or by the narcotic drug laws of the District of Columbia.” D.C.Code 1973, § 33-701(1)(C).
It is clear that CSA regulates the manufacture and delivery of certain substances classified by it as narcotics
Although the DDA does not define “Federal narcotic drug laws”, Congress, in enacting the Uniform Narcotic Drug Act for the District of Columbia, defined “Federal narcotic laws” to mean “the laws of the United States and the regulations promulgated thereunder relating to opium, coca leaves, cannabis, and other narcotic drugs.” D.C. Code 1973, § 33-401(o).
Our conclusion is that Congress in enacting DDA and forbidding the District of Columbia to include in the Act “any drug the manufacture or delivery of which is regulated by Federal narcotic drug laws” intended that the District should not include in the DDA any drug which federal law or regulations designated a “narcotic drug.”
Affirmed.
. See 21 U.S.C. § 802(16) (1976) for definition of its term “narcotic drug.”
. See, e. g., 21 U.S.C. § 802(9) for definition of “depressant or stimulant substance.”
. “Narcotics”, as used in federal and state laws, is not a scientific term. State v. Ringo, 5 Conn.Cir. 134, 246 A.2d 208 (1968). And, although cocaine is not a true narcotic, it may be classified as such. United States v. Brookins, 383 F.Supp. 1212 (D.N.J. 1974), aff'd 524 F.2d 1401 (1975); United States v. Lindelow, 435 F.Supp. 367 (D.P.R. 1977).
Reference
- Full Case Name
- Charles Edward JOHNSON v. UNITED STATES
- Status
- Published