California is one of only four states whose drug laws do not specifically include the chemical compound that creates the club drug 'Ecstasy.' This omission has caused a great deal of confusion in the trial court about what evidence is necessary to prove that Ecstasy is an illegal drug.
This confusion has spilled over into the Court of Appeal. In two cases decided less than two months apart, two separate panels of the Court of Appeal arrived at completely opposite constructions of the same statute – allowing one defendant to go free while the other was sent to county jail for 90 days.
Now, the California Supreme Court has agreed to settle the issue. This article examines the statutory framework, presents the two cases, discusses the legal reasoning of each opinion, and argues that the Supreme Court should reverse convictions for Ecstasy that are not based on expert testimony.
Available at: http://works.bepress.com/kevin_chapman/4/