The following excerpt is from U.S. v. Klein, 860 F.2d 1489 (9th Cir. 1988):
Appellant's reliance on Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962) and In re Grant, 18 Cal.3d 1, 553 P.2d 590, 132 Cal.Rptr. 430 (1976), is misplaced. The former case overturned a statute on the ground that it punished narcotics addiction per se. See Robinson, 370 U.S. at 667, 82 S.Ct. at 1420. Possession with intent to distribute a large quantity of cocaine is, unlike the simple state of addiction, a culpable act. In In re Grant, a ten-year mandatory minimum sentence was imposed for possession of a small quantity of marijuana. Possession of greater than 500 grams of cocaine is a substantially more serious offense--for which appellant received a lesser penalty.
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