Com. v. Teada
| Decision Date | 22 September 1975 |
| Parties | COMMONWEALTH of Pennsylvania, Appellant, v. Chris TEADA. |
| Court | Pennsylvania Superior Court |
Joseph H. Reiter, Special Deputy, Atty. Gen., Harrisburg, for appellant.
George Royle, IV, George W. Westervelt, Jr., Stroudsburg, for appellee.
Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.
This is an appeal by the Commonwealth from a demurrer sustained by the Court of Common Pleas of Monroe County, Criminal Division. The defendant was charged with a violation of the Act of 1972, April 14, P.L. 233, No. 64; 35 P.S. 780--113(a)- (30), a section of the Controlled Substance, Drug, Device and Cosmetic Act.
The appellee, Chris Teada, was arrested on May 20, 1974 and charged with selling phencyclidine to a police undercover agent. The trial was held on October 8, 1974. At the trial the Commonwealth established that a substance sold to the undercover agent contained a quantity of phencyclidine hydrocholoride. The Commonwealth's evidence failed to establish the amount of the proscribed substance contained in the material sold to the agent. Also there was no evidence that the quantity of the proscribed substance delivered would have a potential for abuse associated with a depressant effect on the central nervous system. It was for these failures that the court below sustained defendant's demurrer to the Commonwealth's case.
The section of the act under which appellee was charged provides as follows:
'(i) Any material, compound, mixture, or preparation unless specifically excepted or unless listed in another schedule which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
'2. Chorhexadol.
'3. Glutethimide.
'6. Methprylon.
'7. Phencyclidine.
'8. Sulfondiethylmethane.
'9. Sulfonethylmethane.
'10. Sulfonmethane.' (Emphasis added)
'10. Sulfonmethane.' (Emphasis added)
The issue revolves around the words which provide that the substance enumerated in this section must have 'a potential for abuse associated with a depressant effect on the central nervous system.' The Commonwealth argues that these words modify the word Substance in the statute and that the purpose of these words is to serve as a guide to the Secretary of Health in placing other substances within this particular category, that is to say that any new substances proscribed under this section must be ones that have a potential for abuse associated with a depressant effect on the central nervous system. The appellee argues, and the lower court held, that the words in question modify the word Quantity in the above clause and that therefore the Commonwealth has the burden of proving that the substance sold contains a sufficient quantity of one of the proscribed substances enumerated in this section, so as to have a depressant effect on the central nervous system. This the Commonwealth failed to do. Therefore, the question is purely one of statutory construction. In enacting this section did the legislature intend to prohibit the sale of All substances containing Any quantity of the proscribed substances or did it merely intend to prohibit the sale of substances containing a sufficient quantity of the proscribed substance so as to have a depressant effect on the central nervous system?
The answer to this question becomes clear when we look at this Act, supra, in its entirety. Schedule I of the Act, supra, lists those substances which have a high abuse potential and no accepted medical use such as heroin and marijuana. The sale or possession of these substances is illegal without regard to quantity. Since these substances have no legitimate use no inquiry into the quantity delivered or possessed is necessary in order to establish its illegality. Schedule II of the Act involves those substances which have a high abuse potential, but for which there is an accepted medical use. Subsection (i) and (ii) of Schedule II list various substances without regard to quantity. However, subsection (iii) lists four substances stating that the quantity of these substances must have a 'potential for abuse associated with a stimulant effect on the central nervous system.' Furthermore that subsection goes on to proscribe the possession or delivery of one particular substance, methamphetamine, without regard to quantity. See, 35 P.S. 780--104(2)(iii). Obviously the legislature enacted this subsection because it considered methamphetamine in any quantity to be more dangerous than the other substances enumerated in Schedule II. The statutory scheme is one of imposing greater restrictions on the more dangerous substances and of imposing greater proof requirements on the prosecution as the criminal inquiry moves from the most dangerous substances to the least dangerous ones.
With this in mind, when we look at Schedule III of the Act it is apparent that the legislature did intend to place quantitative proof requirements on the Commonwealth with regard to the substances enumerated under subsection (i) 2--10 (Phencyclidine is number 7 on the list). This becomes clearer when we note that Item 1 of that section, barbituric acid, contains no such need for quantitative analysis. The reference to 'any quantity' when mentioning barbituric acid demonstrates that the legislature clearly intended the quantitative requirement when it prohibited the delivery or possession of 'any quantity' of the substance that it specifically wanted to prohibit, that is, barbituric acid. But the legislature did Not specify that Any quantity of the substance set forth in numbers 2 through 10 was proscribed. It proscribed only possession or delivery of substances which have a 'potential for abuse associated with a depressant effect on the central nervous system.' Thus, the Commonwealth would have the burden of proving at trial that the substances enumerated in Schedule III(i)(2--10) of the Act have a potential for abuse associated with a depressant effect on the central nervous system.
Subsection (v) of Schedule III also reinforces the language requiring quantitative proof. That section permits the Secretary of Health to exempt from control any compound containing a substance enumerated in subsection (i) and (ii) if the compound has other ingredients which negate the depressant effect on the central nervous system. 35 P.S. 780--104(v) (Supp.1974). Thus, the intent of the legislature is to prohibit possession or delivery of compounds containing a quantity of the...
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