People v. O'BRIEN

307 N.W.2d 352, 106 Mich. App. 44

Opinions

Per Curiam.

Defendant was arrested in connection with his participation in the purchase of cocaine by an undercover police officer and was charged with delivery of a controlled substance. MCL 333.7401(1), (2)(a)(iv); MSA 14.15(7401X1), (2)(a)(iv), and MCL 333.7214(a)(iv); MSA 14.15(7214)(a)(iv). Defendant filed a motion to quash the information, alleging that the statutory provisions under which he was charged violated the title-object clause of the Michigan Constitution. Const 1963, art 4, § 24. This motion, together with similar motions presented in six unrelated cases, was heard by a special panel of four Oakland County Circuit Court judges. The panel held that Article 7 of the Public Health Code, MCL 333.7101-333.7545; MSA 14.15(7101)-14.15(7545), was unconstitutional, and it granted defendants’ motions. From an appeal by the prosecution, we reverse and remand for trial. People v Trupiano, 97 Mich App 416; 296 NW2d 49 (1980).