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Member |
Must the state prove by way of lab results that the alleged substance is in fact a controlled substance? | ||
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Administrator Member |
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. | |||
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Member |
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. | |||
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