Looking for a jury charge to deal with this issue. Defendant thinks he's selling ecstasy, but lab results show it is methamphetamine. Defense attorney is arguing that knowledge element goes to knowledge of identify/content of controlled substance, not act of selling or possessing. Looking for case law and/or jury charge to address these issues. So far, all I can find is that Texas requires the item possessed to be a controlled substance and does not appear to have a mens rea attached to identify of the controlled substance.

Earlier discussion: What is It. McFadden held the federal CSA "requires a defendant to know only that the substance he is distributing is some unspecified substance listed on the federal drug schedules." All of the Texas cases have spoken of knowledge that the "substance was contraband" (and nothing more).