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Proving up Marihuana

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September 29, 2006, 14:23
MWS
Proving up Marihuana
This may sound like a dumb question, but I'm desperate because my officer did not send the alleged marihuana to the DPS lab.

Is there any other way to prove up that an alleged substance is in fact marijuana besides, of course, sending it to the lab to be tested and calling the person from the lab to testify in regard to the results?
September 29, 2006, 15:00
JDL
Quick answer:

You do not need a lab result as long as the officer can testify that based on his training and experience the substance is marijuana.

Deshong v. State, 625 SW2d 327, should help.
September 29, 2006, 15:17
GG
That is absolutely correct. See also the Court of Criminal Appeals en banc decision of Hernandez v. State 698 sw2d 679 which holds sufficient that the testimony of Police officer that defendant told officer that he possessed heroin was sufficient to prove substance possessed was heroin.

In Houlihan v. State, 551 sw2d 719 Court of Criminal Appeals case where it held that an experienced officer may be qualified to testify that a green leafy plant substance is marijuana.

You might want to shepardize those. It has been awhile since I have.
September 29, 2006, 15:28
MWS
Thank Goodness.

Thanks so much for your help!
September 29, 2006, 15:29
PHIL HALL
Osbourn v. State, 92 s.w.3d 531. It has a great discussion about using people with special training. Good luck.