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PEOPLE v. SUMMIT

Nos. 25608, 25933, 25619 and 25740.

517 P.2d 850 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Arron Ray SUMMIT, Defendant-Appellant. The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Kent BURGIN, Defendant-Appellant. The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Steve SCHOWALTER, Defendant-Appellant. The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dennis Calvin PACK, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

January 7, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Robert C. Lehnert, Asst. Atty. Gen., for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, William D. Neighbors, Lee J. Belstock, Deputy State Public Defenders, for defendant-appellant Arron Ray Summit.

Dufford, Ruland & Williams, Laird T. Milburn, Grand Junction, for defendant-appellant William Kent Burgin.

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

Joseph Saint-Veltri, Denver, for defendant-appellant Dennis Calvin Pack.

DAY, Justice.

These cases were consolidated on appeal to this court. Convicted of offenses involving possession or sale of marijuana under the Colorado statutes, each defendant complains that he has suffered the consequences of a felony conviction and the heavier sentence provided because marijuana (cannabis sativa) has been classified as a narcotic drug, C.R.S.1963, 48-5-1(14). Defendants point out, in contrast, that other drugs classified by our statutes as merely...

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