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PEOPLE v. McCARTY

No. 16379.

93 Ill. App.3d 898 (1981)

418 N.E.2d 26

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DANNY JOE McCARTY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed March 2, 1981.

Attorney(s) appearing for the Case

Michael B. Metnick, of Springfield, for appellant.

J. William Roberts, State's Attorney, of Springfield (Robert J. Biderman and David E. Mannchen, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed as modified and cause remanded.

Mr. JUSTICE MILLS delivered the opinion of the court:

The simple, uncontradicted scientific fact is: Cocaine is not a narcotic.

And the classification of cocaine as a "narcotic drug" is violative of equal protection.

McCarty was convicted by a jury of unlawful delivery of less than 30 grams of cocaine, in violation of section 401(b) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1979...

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