dissenting.
I respectfully dissent from the majority opinion in this case. I believe the majority opinion is an improper invasion of the province of the legislature. I see no constitutional violation in the legislature determining that perpetrating a fraud by purporting to sell drugs when the content of the package in fact is not a drug should be punished more severely than the actual dealing in marijuana.
In the case of the actual dealing, the legislature, in its wisdom, has seen fit to provide that such dealing should not be punished as severely as the dealing in more potent' drugs. However, they are within the constitutional provisions by providing that fraud, notwithstanding the representations as to the involved package, should be punished severely.
*807I think the majority opinion of the Court of Appeals, published at 613 N.E.2d 484, is correct. I would deny transfer in this case.