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eBook details

• Title: State v. Rao
• Author : Supreme Court of Connecticut
• Release Date : January 14, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The defendant was charged with possession of a cannabis-type substance, marijuana, with intent to sell or dispense it, in the town of [171 Conn. 601] Hamden on September 12, 1974, in violation of Public Acts 1974, No. 74-332, 2(b) (now General Statutes 19-480 [b]).1 The defendant filed a motion to quash the information claiming that the statute he allegedly violated denied him equal protection of the law contrary to the provisions of the fourteenth amendment to the constitution of the United States and 20 of article first of the constitution of Connecticut. The Connecticut constitutional provision has `a like meaning to that in the fourteenth amendment to the constitution of the United States which prohibits the states from denying to any person the equal protection of the laws.' Lyman v. Adorno, 133 Conn. 511, 515, 52 A.2d 702. Kellems v. Brown, 163 Conn. 478, 485, 313 A.2d 53, appeal dismissed, 409 U.S. 1099, 93 S.Ct. 911, 34 L.Ed.2d 678. He claimed the denial on the grounds that the General Assembly had irrationally classified, for penalty purposes, marijuana with, among other substances, amphetamines and barbiturates which are generally considered to be much more harmful to the individual than marijuana. The trial court agreed with the defendant's contention and concluded that the legislative grouping or classification of these substances for penalty purposes violated the equal protection clauses of both constitutions.

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