The opinion of the court was delivered by: ROSENBERG
This matter is now before me on a proffered plea of guilty to all or some of the three counts in an indictment charging the defendant, Harry Richard Siak, with violation of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq.
The various counts in the indictment charge the defendant with possession and distribution of cocaine as a narcotic and included in Schedule II of the statute.
The defendant, however, conditions his proffered plea to a determination by me that cocaine is not a narcotic drug and as such should be treated in the same category as marijuana.
Additionally, in his brief the defendant argues that the classification of cocaine as a narcotic is irrational and arbitrary resulting in a deprivation of liberty and property without due process of law, and in denial of equal protection under the law contrary to the Constitution of the United States. The defendant, however, cites no law or cases to back up these conclusory allegations.
The defendant cites several cases, articles, magazines and the modern mores to base his assertion that cocaine is not a narcotic in the true sense of the word. Even assuming that I concur with his reasoning and beliefs, the facts still remain clear, that the Congress of the United States has not re-acted by reclassifying cocaine and I cannot circumvent its authority today by doing so myself.
The defendant insists that cocaine is not a narcotic. That it is incumbent upon me to accept his plea on a basis which would lessen the severity of the imposition of a sentence.
Congress has defined cocaine as a narcotic drug under the Act at 21 U.S.C. § 802(16) which states:
"(16) The term 'narcotic drug' means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(A) Opium, coca leaves, and opiates.
(B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates.
(C) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in clause (A) or (B).
Such term does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine."
While not referring to cocaine expressly, I take judicial notice that cocaine is a coca leaves derivative (Webster's Third New International Dictionary at page 434) and therefore ...