norml23 - Page 5



Page 5 Previous , Next , Original Image
Return to Index

 In People v. Lorentzen, 387 Mich. i 67, 194. N.W.2d 827
 (1972), the Supreme Court of Michigan held that the penalty of 20
 years imprisonment prescribed by statute for selling a narcotic
 drug, as it included sale of marijuana, violated constitutional
 prohibitions against cruel and unusual punishment° After
 comparing the statutory penalty with penalties for offenses
 invoMng the sale of various substances, offenses against
 persons or property, and with provisions of the state Controlled
 Substances Act of 1971, the court concluded that the term of
 imprisonment was "in excess of any that would be suitable to fit
 the crime," 194 N.W. 2d at 821, offended "the evolving standards
 of decency that mark the progress of maturing society." [d., at
 pgs. 832-33, and would not serve the goal of rehabilitation. Id.
 At the same time the Supreme Court of Michigan announced the
 Lorentzen decision it reversed the defendant's conviction for
 possession of marijuana in People v. Sinclair, 387 Micho 91, 194.
 N.W.2d 878 (1 972). Two judges were of the opinion that the
 statutory categorization of marijuana along with "hard drug"
 narcotics for purposes of imposition of penalties denied
 defendant equal protection of the laws, one judge was of the
 opinion that the statute denied defendant the rigiht to liberty
 and the pursuit of happiness, two judges were of the opinion that
 incriminating evidence should have been excluded as evidence
 obtained as a result of ilJegaJ entrapment, and two judges were
 of the opinion that incriminating evidence should have been
 excluded as evidence obtained as a result of illegal entrapment,
 and two judges were of the opinion that the minimum sentence of
 nine and one-half years constituted cruel and unusuaJ punishment°
 The opinion of the court, written by Swainson, j., declared:
 Comparison of the effects of marijuana use on
 both the individual and society with the
 effects of other drug use demonstrates no˘
 only that there is no rational basis for
 classifying marijuana with the 'hard
 narcotics' but, aJso, that there is not even
 a rationaJ basis for treating marijuana as a
 more dangerous drug than aJcohoL
 194 NoWo2d at 881 (Emphasis added).




Previous , Next , Return to Index