Does section 11350 of the California Criminal Code, section 11352 of the Controlled Drugs Act, violate the equal protection clause?

California, United States of America

The following excerpt is from People v. Cortez, 166 Cal.App.3d 994, 212 Cal.Rptr. 692 (Cal. App. 1985):

It follows that section 11350 and section 11352 are aimed at distinct and separate aspects of the "war on drugs." (See People v. Blake (1960) 179 Cal.App.2d 246, 251, 3 Cal.Rptr. 749.) Because the statutes serve different purposes, persons convicted under their provisions should not be considered to be similarly situated for equal protection purposes.

Accordingly, we conclude that there was no violation of the equal protection clause.

[166 Cal.App.3d 1002]

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Does section 11350 of the California Criminal Code, section 11352 of the Controlled Drugs Act, violate the equal protection clause?

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