norml23 - Page 5
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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).
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