People v. McCabe

Thomas McCabe (defendant) was convicted of selling marijuana in violation of the Illinois Narcotic Drug Act, which punished first-time offenders with a ten-year mandatory minimum prison sentence. McCabe, who had no prior convictions, was sentenced to ten years in prison. McCabe appealed to the Illinois Supreme Court, arguing that the inclusion of marijuana in the Illinois Narcotic Drug Act violated his due-process and equal-protection rights. McCabe did not present evidence concerning the properties and effects of marijuana or other drugs. However, the Illinois Supreme Court took judicial notice of the following facts: opioids such as heroin and morphine are physically and psychologically addictive narcotic drugs. An opioid user develops a tolerance to the drug that requires her to use progressively higher doses to obtain the desired effect, and if she abstains from the drug, she experiences intense withdrawal symptoms. Opioid use is associated with adverse physical effects and with crime. Cocaine is a powerful stimulant that does not produce physical dependence. However, cocaine induces intense physical and mental excitation as well as a significant reduction in inhibitions, often resulting in aggression or violence. Barbiturates are similar to heroine because continued use in high doses leads to physical dependance, tolerance, and severe withdrawal symptoms. Amphetamine use can lead to development of a high tolerance as well as strong psychological dependence. Methamphetamine, a type of amphetamine, has markedly more intense effects than other amphetamines, and its use can produce violence, paranoia, physical symptoms, and brain damage. Hallucinogens, which include psylocibin, mescaline, peyote, and LSD, are not physically addictive, although frequent use of LSD leads to a high tolerance. LSD users develop psychological dependence and can experience panic, paranoia, uncontrolled aggression, and emotional disorders. Marijuana is not a narcotic and is not truly addictive. Marijuana use does not produce tolerance, physical dependence, or withdrawal, and the drug’s physical side effects are moderate. Marijuana use does not lead to opiate use, criminal activity, or physical aggression, in contrast to earlier expert belief that marijuana use commonly progressed to heroin use and addiction. After taking judicial notice of these facts, the court considered McCabe’s appeal.