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BERG v. STATE

No. State 40.

63 Wis.2d 228 (1974)

216 N.W.2d 521

BERG, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided April 12, 1974.

Attorney(s) appearing for the Case

The cause was submitted for the plaintiff in error on briefs of Howard B. Eisenberg, state public defender, and for the defendant in error on the brief of Robert W. Warren, attorney general, and Thomas J. Balistreri, assistant attorney general.

Submitted under sec. (Rule) 251.54 March 6, 1974.

HALLOWS, C. J.

The dispositive issue on this appeal is whether LSD, as defined in sec. 161.30 (1) (a) 3, Stats. 1969, includes nonhallucinogenic isomers of LSD or is to be restricted to d-LSD, the only hallucinogenic isomer of LSD. Sec. 161.30 (2), Stats. 1969, provides "No person except a practitioner shall deliver any dangerous drug except upon the prescription of a practitioner." A dangerous drug is defined...

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