Washington v. Martin

A Grays Harbor jury convicted defendants Richard R. Rosi and Patrick Gillis Martin of delivery of a controlled substance, to wit, marijuana. Their appeals are consolidated here, and the issues raised by their assignments of error are: (1) sufficiency of the States evidence to prove either possession or delivery by defendant Martin; (2) sufficiency of the States evidence to prove that marijuana was a controlled substance; (3) whether defendants were denied equal protection of the law because the prosecuting attorney had discretion to charge the crime either as a felony under state law or as a misdemeanor under city ordinance; (4) whether the Uniform Controlled Substances Act (RCW 69.50) provides in part for an unconstitutional delegation of legislative authority to the State Board of Pharmacy and the federal government; and (5) whether the Uniform Controlled Substances Act offends against constitutional due process because it fails to provide fair notice of what conduct is criminal.