March 27, 2020, 19:01
dcollinsControlled Substance in Correctional Facility
Must the state prove by way of lab results that the alleged substance is in fact a controlled substance?
March 30, 2020, 17:21
Shannon EdmondsPC 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.
March 30, 2020, 18:50
Jon EnglishOur 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.