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STATE v. KANTNER

Nos. 4995, 5005.

493 P.2d 306 (1972)

STATE of Hawaii, Plaintiff-Appellee, v. Paul Lorin KANTNER, Defendant-Appellant. Application of David Allen NOWELL and Claude Ernest Winter, Petitioners-Appellants, For a Writ of Habeas Corpus Directed to Antone S. Olim, Superintendent of Hawaii State Prison, Respondent-Appellee.

Supreme Court of Hawaii.

Rehearing Denied February 25, 1972.

Attorney(s) appearing for the Case

Hyman M. Greenstein, Honolulu, for appellants.

Michael Weight, Deputy Pros. Atty., Honolulu (Barry Chung, Pros. Atty. with him on the brief), and Thomas M. Pico, Jr., Deputy Atty. Gen. (Bertram T. Kanbara, Atty. Gen., and Morton King, Senior Deputy Atty. Gen., Honolulu, with him on the brief), for appellees.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

RICHARDSON, Chief Justice, in which MARUMOTO, Justice, joins, announcing the judgment of the Court.

The sole issue presented in this consolidated appeal is the constitutionality of the statutory scheme for the control of the possession of marihuana. HRS § 329-5, as amended by Act 161, S.L.H. 1969, which served as the basis of parole revocation of petitioners Nowell and Winter and upon which defendant Kantner was convicted, provides as follows:

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