State v. Leppanen

449 P.2d 447, 252 Or. 352, 1969 Ore. LEXIS 521

• Court: Oregon Supreme Court
• Decided: January 22, 1969
• Status: Published

Opinion

SLOAN, J.

We are presented with an extensive, Brandéis brief urging us to hold that the inclusion of marihuana in the statute, OKS 474.010(18), as a narcotic drug violates the Fourteenth Amendment and Art I, § 11, of the Oregon Constitution. Present knowledge, it is claimed, compels the conclusion that marihuana is not a habit forming drug and its specification as such, in the statute, is now so arbitrary as to violate due process. It is secondarily argued that to classify the possession of marihuana as a felony is a “‘savagely indiscriminate treatment of violators.’ ”

The opinions, on the subject, that are expressed in the brief do nothing more than express the best judgment of the persons who express the opinions. Other people, possessed of seemingly equal expertise, find a contrary result from the use of marihuana. The legislature must make the ultimate judgment on the issues presented, not the court.

Affirmed.