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STATE v. JORDAN

No. 45573.

91 Wn.2d 386 (1979)

588 P.2d 1155

THE STATE OF WASHINGTON, Respondent, v. WILLIAM MARVIN JORDAN, Appellant.

The Supreme Court of Washington, En Banc.

January 4, 1979.

Attorney(s) appearing for the Case

Michael E. Nelson and Durocher, Nelson, Shore & Malling, for appellant.

Christopher T. Bayley, Prosecuting Attorney, and Gordon S. Jones and Marsha Pechman, Deputies, for respondent.

STAFFORD, J.

Appellant, William Jordan, was convicted of violating the Legend Drugs Act, RCW 69.41. The constitutional issues raised on appeal were certified to us from the Court of Appeals. We reverse.

On May 8, 1976, the Washington Board of Pharmacy (Board) held a hearing on a proposed rule that would make ephedrine a legend drug under the Legend Drugs Act. Legend drugs cannot be sold, delivered or possessed except by prescription. RCW 69.41.030.

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