I have a misdemeanor possession of controlled substance (hydrocodone) case where my law enforcement agency has informed me that they no longer send midemeanor quantities of controlled substances (not talking about marihuana here) to DPS Lab for analysis. Any thoughts on how to prove what it is without a lab analysis?

Pharmacist? Although they cannot answer the ultimate defense cross question: Can you say beyond a reasonable doubt that the substance in that pill is Dihydrocodeine?

I suppose you could withhold sending the drugs to a lab pending rejection of the plea offer. Maybe you just test for those that go to trial.

But, such a policy was in place in Dallas for drug cases, and it led to a large scandal following the discovery that defendants had pled guilty to possession of pool chalk. Prosecutions are still ongoing against the officers involved.

I thought about going the pharmacist route but I don't know how many pharmacists we have in the area who are just dying to come to court to testify for free.

John, your point about what happened up in Dallas Co. is well taken. Not a good policy at all if you ask me. Our closest DPS lab is in Houston and I guess this local agency feels like it's too much trouble to run the dope 60 miles to the lab on misdemeanor cases. If we wait until a trial setting comes up to get the dope tested, I'm not sure we'll have time to get it done in light of the time it typically takes to get our lab results.

Couldn't they use the US Mail to send in the pills?

If it is in a commercial pill form, a pharmacist should be able to testify that the shape, color, condition, and coding tell me that this pill is hydrocodone. Pharmacists have to make those judgments all the time, beyond a reasonable doubt, so that they don't kill folks.

The fake dope deal was different--white, chalky powder looks like white, chalky powder, so you must have a chemical test to prove what it is. Compare marijuana, where it has always been sufficient for an officer to say, based on my training and experience, this is marijuana.

There are fake and knockoff drugs on the market. Certain foreign countries are making millions duplicating trademark drugs and flooding them into the pharmaceutical marketplace. That makes it plausible to argue that the drug is not what it appears to be. I would be very uncomfortable convicting a person on the appearance of a pill, unless it was through a guilty plea.

In my county we suggest that the police use local pharmacists, pill id books, etc. for a presumptive identification. However, if the case is set for trial, then we REQUIRE a lab result. If the police refuse to send it to the lab, then we would dismiss the case.

Other options: Your investigator could submit it to DPS for your office. Yes, you can mail it to DPS if you don't want to make the 60 mile drive. Another option that many are not aware of is the manufacturer of the pill. They will do the testing and provide expert testimony for you at NO CHARGE.