STATE v. PERRICO

No. 79-CR-1482.

66 Ohio Misc. 7 (1980)

THE STATE OF OHIO v. PERRICO.

Court of Common Pleas of Montgomery County.

Decided May 15, 1980.


Attorney(s) appearing for the Case

Mr. James T. Burroughs, assistant prosecuting attorney, for plaintiff.

Mr. Jack T. Schwarz, for defendant.


MEAGHER, J.

This case is before the court on defendant's plea of no contest to a charge against him for possession of phencyclidine (PCP). In making that plea, the defendant challenges the procedure by which phencyclidine has been classified as a Schedule II drug rather than a Schedule III drug. Specifically, the defendant asserts that R. C. 3719.43, insofar as it provides that a transfer by the United States Attorney General of a narcotic from one schedule to another...

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