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PEOPLE v. GUSTIN

No. 25493.

515 P.2d 109 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gordon GUSTIN, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

October 23, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, for defendant-appellant.

DAY, Justice.

This is an appeal from a conviction of feloniously dispensing cannabis, a narcotic drug, in violation of C.R.S. 1963, 48-5-2, and 1971 Perm.Supp., C.R.S. 1963, 48-5-20. We affirm.

The only question presented is whether the misdemeanor exception for possession of one-half ounce or less of cannabis contained in 1971 Perm.Supp., C.R.S. 1963, 48-5-20(7)(a)(i), applies to a conviction for dispensing cannabis, C.R.S. 1963, 48-5-2.

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