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STATE v. GULA

320 A.2d 752 (1974)

STATE of Delaware v. Ted GULA. STATE of Delaware v. Alice MARTIN and Michael F. Clark. STATE of Delaware v. Jean HANEWINCKEL. STATE of Delaware v. Joseph J. DALE.

Superior Court of Delaware, New Castle.

April 19, 1974.

Attorney(s) appearing for the Case

Jeffrey M. Weiner, Robert Graham, Deputy Attys. Gen., Dept. of Justice, Wilmington, for the State.

Biggs & Battaglia, and Becker & Kipp, Wilmington, for defendants.

OPINION

O'HARA, Judge.

Each defendant in this matter has been indicted for multiple violations of the Uniform Controlled Substances Act (hereinafter "the Act"), 16 Del.C. Chap. 47. Claiming that no schedule of controlled substances currently exists to sustain prosecution, and that classification of marijuana as a Schedule I controlled substance is unconstitutional, the defendants move separately for dismissal of the indictments for lack of jurisdiction....

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