STATE v. SARGENT


449 P.2d 845 (1969)

STATE of Oregon, Respondent, v. Gary Lee SARGENT, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 29, 1969.


Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, Asst. Chief Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


GOODWIN, Justice.

Defendant was convicted of violating ORS 475.100 (sale or possession of a dangerous drug as defined in Regulation 80-005 published by the State Board of Pharmacy). He appeals.

The sole issue is whether the Legislative Assembly may, constitutionally, delegate to an administrative agency the power to define an element of a crime.

Oregon Constitution, Art. I, § 21, provides that no law shall be passed the taking effect of which...

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