# State v. Thompson

> Supreme Court of Missouri · February 9, 1982 · 627 S.W.2d 298

URL: https://www.frixlaw.com/law-library/cases/9666964

## Case

- **Full name:** STATE of Missouri, Appellant, v. Irving E. THOMPSON, Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** February 9, 1982
- **Citations:** 627 S.W.2d 298; 1982 Mo. LEXIS 429
- **Precedential status:** Published
- **Opinion:** Concurrence by Bardgett
- **Judges:** Higgins, Donnelly, Rendlen, Welliver, Morgan, Bardgett, Seiler
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9666964

## Opinion text

*304 BARDGETT, Judge,
concurring.
I concur in the principal opinion in this case and regard the matter of the proper and constitutional designation of controlled substances to be of great importance to today’s society. The reversal of the trial court’s dismissal of the information filed charging the defendant with possession of a controlled substance is premised on a presumption of regularity by the division of health. That is to say, it is presumed the division determined that the substance met the criteria of § 195.015.1, RSMo 1978, and the criteria for class-IV schedule substances as set forth in § 195.017.7, RSMo 1978.
The general assembly can remove any doubt about the constitutionality of the designation of controlled substances in Missouri by requiring the Missouri Division of Health to make the findings required by § 195.015.1 and whatever subsection applies to the particular class or schedule by simply amending § 195.015 to require those findings when the notification of federal listing is received by the division as a prerequisite to Missouri’s listing. In the meantime, the division of health could make those findings required by 195.015.1 and the subsection applicable to the particular class or schedule and record those findings in its order declaring the substance to be a controlled substance.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9666964. Public record. Not legal advice.