COM. v. McGINNIS


641 S.W.2d 45 (1982)

COMMONWEALTH of Kentucky, Appellant, v. Rockford K. McGINNIS, Appellee.

Court of Appeals of Kentucky.

Supreme Court Opinion and Order Vacating Order Granting Discretionary Review and Remanding to Court of Appeals for Final Disposition November 2, 1982.


Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., Benjamin P. Hicks, Asst. Commonwealth's Atty., Lexington, for appellant.

Frank Reaves, Jr., Reaves, Guthrie & Isaacs, Lexington, for appellee.

Before WHITE, LESTER and WILHOIT, JJ.


WHITE, Judge.

This is an appeal from the Fayette Circuit Court's order and judgment dismissing an indictment against the appellee for the offense of trafficking in hashish (controlled substance Schedule I) because there is no rational difference between hashish and marijuana. We affirm.

The appellant here contends that hashish as a listed Schedule I controlled substance is different from marijuana and not entitled to be treated as marijuana, as excepted from...

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