US V Stieren
608 F.2d 1135
United States Court of Appeals, Eighth Circuit. Decided Oct. 31, 1979. LAY, Circuit Judge.
John Arthur Stieren appeals from the judgment of conviction for possession of cocaine with intent to distribute and dispense under 21 U.S.C. § 841(a)(1). Stieren contends that the statute is unconstitutional because "cocaine is classified as a narcotic under Schedule II of 21 U.S.C. § 812(c), when as a matter of scientific and medical fact cocaine is not a narcotic but is a non-narcotic stimulant."
The sufficiency of the evidence is not disputed. Stieren was convicted after special agents testified that he was in possession of and attempted to sell them a large quantity of cocaine. Defendant urges that the testimony and reports by physicians and scientists demonstrate that cocaine is not a narcotic. He also cites cases which hold that cocaine is not a narcotic under the pharmacological definition of the term. State v. Erickson, 574 P.2d 1 (Alaska 1978).
It is within the legislative prerogative to classify cocaine, which is a non-narcotic central nervous system stimulant, as a narcotic for penalty and regulatory purposes. 21 U.S.C. § 802(16)(A). The use of cocaine poses serious problems for the community and has a high potential for abuse. Congress' choice of penalty reflects a societal policy which must be adhered to by the courts.2 Congress has the power to reclassify cocaine. This power has been delegated to the Attorney General. 21 U.S.C. § 811(a)(1). If cocaine is to be reclassified, defendant's arguments should be made to the legislative branch, not the courts.
We hold that Congress had a rational legislative purpose when it classified cocaine as a Schedule II narcotic drug for the purpose of imposing penalties.
JUDGMENT AFFIRMED.
Read more about this topic: Narcotic