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STATE v. WEIDNER

No. State 123.

47 Wis.2d 321 (1970)

177 N.W.2d 69

STATE, Respondent, v. WEIDNER, Appellant.

Supreme Court of Wisconsin.

Decided June 2, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Edward R. Kaiser of Eau Claire.

For the respondent the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

CONNOR T. HANSEN, J.

The defendant argues that sec. 161.275, Stats.,1 is unconstitutional because (1) it results in total prohibition of marijuana; (2) the classification of marijuana as a narcotic drug is unreasonable; (3) putting possession in the same category as manufacture, growing, sale and distribution is unreasonable; and (4) the penalty is excessive.2

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