Appellate Court of Illinois· 11/22/1982

People v. Dunlap

Citations

442 N.E.2d 1379
110 Ill. App. 3d 738
66 Ill. Dec. 466
1982 Ill. App. LEXIS 2505

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

“Since the Controlled Substances Act is explicit in prohibiting ‘any material’ containing psilocybin, the failure to mention mushrooms in that Act cannot negate that provision.”
Illinois controlled-substances statute with scienter element presented no issue of due process because an individual who possessed psilocyn mushrooms without knowledge would not be prosecuted successfully under the act
“An individual who cultivated or otherwise possessed Psilocybe mushrooms without knowing them to contain psilocybin would not be prosecuted successfully under the statute, because ... the State must prove that a defendant had knowledge of the nature of the substance possessed or sold.”
expressio unius est exclusio alterius

Source: CourtListener parenthetical corpus (CC0).

Judges: Welch

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Cites

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