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STATE v. LEPPANEN

449 P.2d 447 (1969)

STATE of Oregon, Respondent, v. Steven Erik LEPPANEN, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 22, 1969.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause and filed a brief for appellant.

Stephen A. Hutchinson, Deputy Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was John B. Leahy, Dist. Atty., Eugene.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and LANGTRY, JJ.

SLOAN, Justice.

We are presented with an extensive, Brandeis brief urging us to hold that the inclusion of marihuana in the statute, ORS 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...

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