The defendant was charged, tried, convicted and sentenced for the unlawful sale and possession of more than five grams of cannabis. He appeals directly to the Supreme Court because the trial court, in denying his motion to dismiss the charges against him, inherently passed upon and upheld the constitutional validity of that part of Section 893.13, Florida Statutes (1976 Supp.), which makes unlawful the sale and possession of cannabis. We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution.
