TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Controlled Substance in Correctional Facility
Go
New
Find
Notify
Tools
Reply
  
Controlled Substance in Correctional Facility Login/Join 
Member
posted
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
Administrator
Member
posted Hide Post
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: 2425 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
Member
posted Hide Post
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: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Controlled Substance in Correctional Facility

© TDCAA, 2001. All Rights Reserved.