People v. Puertas
People v. Puertas
Opinion of the Court
Defendants pled guilty to charges of delivery of a controlled substance, cocaine, MCL 333.7401(2)(a)(ii); MSA 14.15(7401)(2)(a)(ii), and conspiracy to deliver a controlled substance, MCL 750.157a; MSA 28.354(1). Defendants conditioned their pleas upon the preservation of their appellate rights with respect to certain legal and constitutional issues. Defendants appeal by right.
Since the prosecutor objected to the entry of the
Defendants next argue that an essential element of the offense of delivery of cocaine is proof that the substance delivered was not a synthetic product and that, absent such proof, they could not be convicted of delivering a schedule 2 controlled substance under MCL 333.7401; MSA 14.15(7401) and MCL 333.7214; MSA 14.15(7214). Defendants’ argument is frivolous. The statute listing controlled substances in schedule 2 clearly includes substances produced "independently by means of chemical synthesis”. MCL 333.7214(a); MSA 14.15(7214)(a).
Defendants also argue that an essential element of the offense of delivery of a controlled substance in an amount of 225 grams or more but less than 650 grams is a showing that at least each of 225 grams of the substance seized contained some of the illegal drug. This Court has already decided this issue against the defendants. In People v Prediger, 110 Mich App 757, 760; 313 NW2d 103
Defendants next argue that the state’s regulation of cocaine unconstitutionally interferes with a citizen’s right to possess and use private property. This argument is without merit. People v Stout, 116 Mich App 726; 323 NW2d 532 (1982). The classification of cocaine as a controlled substance, because of its high potential for abuse, is clearly within the state’s police powers to protect the public health.
Lastly, the defendants argue that the classification of cocaine with narcotic drugs for purposes of punishment violates the right to due process and equal protection and constitutes cruel and unusual punishment. This Court has already decided these issues against the defendants’ position. People v Kaigler, 116 Mich App 567; 323 NW2d 486 (1982); Campbell, supra, pp 376-381.
Affirmed.
Dissenting Opinion
(dissenting). I continue to adhere to the position which I stated in People v Reid, 113
Reference
- Full Case Name
- People v. Puertas; People v. Robert Haupt; People v. John Haupt
- Cited By
- 15 cases
- Status
- Published