I mistakenly posted this is appellate...no idea how I did that.
Anyway, 38.11 says controlled substance or dangerous drug possession in a correctional facility is a 3rd degree felony. No mention of marijuana?
Is the only option contraband, which is 38.111 and is only a misdemeanor? I'm surprised there isn't a felony offense for that, so I'm thinking I must be missing something.
I'm sorry. Prisons are secure facilities and there is no way marihuana could find its way into a prison. Maybe its oregano?
Someone probably smuggled it in inside a cell phone.
THE DEFINITION OF "CONTROLLED SUBSTANCE" IN THE PENAL CODE (SEE SEC. 1.07 OF THE PENAL CODE) REFERS YOU TO THE DEFINITION IN THE HEALTH & SAFETY CODE SEC. 481.002. 481.002(5) SAYS THAT A CONTROLLED SUBSTANCE IS ANY SUBSTANCE LISTED IN SCHEDULES 1 THROUGH 5 OR PENALTY GROUPS 1, 1A, AND 2 THROUGH 4 OF THE HSC. THE 2009 SCHEDULE OF CONTROLLED SUBSTANCES (SEE Http://www.dshs.state.tx.us/dmd/control_subst_sched.shtm) LISTS MARIJUANA AS A SCHEDULE I DRUG. THAT SHOULD PUT MJ AS A "CONTROLLED SUBSTANCE" FOR PURPOSES OF 38.11 IN THE PENAL CODE.
There goes Karla shouting again.
JOHN, I JUST DON'T WANT TO BE IGNORED.........
thanks very much
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