People v. Mistriel

WOOD (Parker), J.

Defendant Mistriel was accused in two counts, and defendant Lawson was accused in one count, of violating section 11500 of the Health and Safety Code in that they unlawfully had in their possession flowering tops and leaves of Indian Hemp (cannabis sativa). Each defendant pleaded not guilty. Lawson admitted an allegation in the information that he had been convicted previously of a felony. Trial by jury was waived. By stipulation the cause was submitted upon the transcript of the preliminary examination. The defendants were adjudged guilty as charged. Their applications for probation were denied. Judgments were that the defendants be imprisoned in the state prison. Defendants appeal from the judgments.

Appellants contend that section 11500 of the Health and Safety Code “is unconstitutional for the reason that it is so vague and ambiguous that it deprives them the right to due process of law.” That section provides that “. . . no person shall possess ... a narcotic except upon the written prescription of a physician. ...” Appellants argue that said section is a “prescription section” relating entirely to narcotics, and it has nothing to do with marihuana; and that said section cannot be understood without a reading of section 11001 of the Health and Safety Code. Said section 11001 provides that “ ‘Narcotics,’ as used in this division, means any of the following; . . . (h) All parts of the plant Cannabis sativa L., (commonly known as marihuana). . . .” Sections 11001 and 11500 of the Health and Safety Code appear in division X of said code. That division is entitled “Narcotics” and pertains to the regulation and control thereof. It was not necessary that the definition of “Narcotics” appear in section 11500. The contention of appellants is not sustainable.

As a further argument that section 11500 of the Health and Safety Code is invalid, the appellants assert that

[112]

marihuana is a beneficial herb and not a narcotic. As above shown, the possession of marihuana is, by statute, a public offense. The Legislature is empowered to enact such a statute. As stated in the

Matter of Yun Quong,

159 Cal. 508, at page 515

[114

P. 835]: “ [T]he validity of legislation which would be necessary or proper under a given state of facts does not depend upon the actual existence of the supposed facts. It is enough if the law-making body may rationally believe such facts to be established.”