Editing Narcotic (section)

===''U.S. v. Stieren''===
608 F.2d 1135

{{blockquote|[[United States Court of Appeals, Eighth Circuit]]. Decided Oct. 31, 1979. LAY, Circuit Judge.

John Arthur Stieren appeals from the judgment of conviction for possession of cocaine with intent to distribute and dispense under 21 U.S.C. § 841(a)(1). Stieren contends that the statute is unconstitutional because "cocaine is classified as a narcotic under Schedule II of 21 U.S.C. § 812(c) when as a matter of scientific and medical fact cocaine is not a narcotic but is a non-narcotic stimulant."

The sufficiency of the evidence is not disputed. Stieren was convicted after special agents testified that he had and attempted to sell them a large quantity of cocaine. Defendant urges that the testimony and reports by physicians and scientists demonstrate that cocaine is not a narcotic. He also cites cases that hold that cocaine is not a narcotic under the pharmacological definition of the term. ''State v. Erickson'', 574 P.2d 1 (Alaska 1978).

It is within the legislative prerogative to classify cocaine, which is a non-narcotic central nervous system stimulant, as a narcotic for penalty and regulatory purposes. 21 U.S.C. § 802(16)(A). The use of cocaine poses serious problems for the community and has a high potential for abuse. Congress's choice of penalty reflects a societal policy that must be adhered to by the courts.2 Congress has the power to reclassify cocaine. This power has been delegated to the Attorney General. 21 U.S.C. § 811(a)(1). If cocaine is to be reclassified, the defendant's arguments should be made to the legislative branch, not the courts.

We hold that Congress had a rational legislative purpose when it classified cocaine as a Schedule II narcotic drug to impose penalties.

JUDGMENT AFFIRMED.<ref>[http://bulk.resource.org/courts.gov/c/F2/608/608.F2d.1135.79-1572.html 608 F.2d 1135] {{Webarchive|url=https://web.archive.org/web/20110727214852/http://bulk.resource.org/courts.gov/c/F2/608/608.F2d.1135.79-1572.html |date=2011-07-27 }}. Bulk.resource.org. Retrieved on 2011-09-24.</ref>}}