Does the double jeopardy clause apply in a drug case?

California, United States of America


The following excerpt is from People v. Montgomery, B198501 (Cal. App. 1/28/2008), B198501 (Cal. App. 2008):

Here, defendant was not punished twice for a single act. He was punished once for each separate act: (1) the sale of cocaine base, and (2) the possession for sale of a larger quantity of cocaine base, which possession took place both before and after the sale. Hence, the double jeopardy clause is not applicable. The separation of powers doctrine, which prevents the executive branch from expanding the authority to prosecute offenses granted by the legislative branch (Garett v. United States (1985) 471 U.S. 773, 789-790, fn. 2), also is not applicable.

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