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Must the state prove by way of lab results that the alleged substance is in fact a controlled substance?
 
Posts: 3 | Registered: August 05, 2019Reply With QuoteReport This Post
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PC 1.07(12) defines "controlled substance" as in H&SC 481.002, so absent a specific statute or case to the contrary, I would think the jurisprudence from the Controlled Substances Act would govern that part of the PC as well.
 
Posts: 2406 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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Our experience in the Special Prosecution Unit (where this is our most common charge) is that anything that can’t be proven by training and experience (like marijuana pre-hemp laws) requires lab tests and expert testimony to prove what the substance actually is, and then testimony that the substance is actually on the CS list.
 
Posts: 182 | Location: Huntsville, TX | Registered: June 12, 2012Reply With QuoteReport This Post
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