State v. Benner

Defendant Edward L. Benner appeals from his conviction of unlawful trafficking in scheduled drugs following his entry of a conditional guilty plea after the Superior Court (Knox County, Silsby, J.) denied his motion to dismiss the indictment. He argues on appeal that the legislative definition of ""unlawful trafficking"", which includes ""to grow or to cultivate"", (17-A M.R.S.A. § 1101(17)(B) (1983 & Supp. 1988-1989)), conflicts with common understanding of the term ""trafficking"" and thus unfairly stigmatizes him in violation of the due process guarantees of both the Maine and United States Constitutions. We have previously recognized the authority of the Legislature to define crimes. In State v. King, 330 A.2d 124, 127 (Me. 1974) we stated: