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STATE v. SCOTT

678 S.W.2d 50 (1984)

STATE of Tennessee, Appellee, v. William John SCOTT, Appellant.

Supreme Court of Tennessee, at Knoxville.

October 9, 1984.

Attorney(s) appearing for the Case

Crawford & Hays, Chattanooga, for appellant.

John F. Southworth, Jr., Asst. Atty. Gen., William M. Leech, Jr., Atty. Gen. and Reporter, Nashville, for appellee.

OPINION

COOPER, Chief Justice.

This was a direct appeal from a judgment entered after appellant pled guilty to distributing an imitation controlled substance in violation of T.C.A. § 39-6-454 (Supp. 1984). Appellant was allowed to appeal a certified question of law under Tenn. R.Crim.P. 37(b)(2)(i). He challenged the constitutionality of the Tennessee statute on two grounds: the preemption of this area of drug regulation by the Federal Food, Drug, and...

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