Gear V. Beacom

JUSTICE ROVIRA delivered the Opinion of the Court. The appellants challenge the constitutionality of the "Control of Drug Paraphernalia" Act (the Act), section 12-22-501 to 506, 5 C.R.S. (1983 Supp.). They present two grounds for invalidating the Act as unconstitutional: (1) it violates the due process clause of the United States Constitution and the Colorado Constitution due to overbreadth and vagueness; and (2) it violates their rights to a public trial and a jury trial in violation of the sixth amendment of the United States Constitution and section 16 of Article II of the Colorado Constitution. We hold that the Act is constitutional and thus affirm the decision of the trial courts.