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STATE v. BAILEY

No. 78-2566-C-2; CA 13118.

597 P.2d 1312 (1979)

41 Or.App. 375

STATE of Oregon, Respondent, v. William Archie BAILEY, Appellant.

Court of Appeals of Oregon.

Decided July 30, 1979.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James M. Brown, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, GILLETTE and CAMPBELL, JJ.

CAMPBELL, Judge.

Defendant seeks reversal of his conviction for possession of a controlled substance, ORS 475.992(4)(a), more than one ounce of marijuana. He argues that since the legislature has incorrectly classified marijuana as a member of "Cannabis family Moraceae" rather than Cannabis family Cannabaceae, ORS 475.005(22), which defines marijuana, defines a nonexistent substance, the possession of which cannot be a crime.

In State v. Leppanen, 252...

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