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Police Officer only expert for Marijuana case

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/7221027791

October 09, 2009, 11:02
Dusty
Police Officer only expert for Marijuana case
As I understand it, police officers may testify as experts as to a substance being marijuana without the requirement of having a lab work-up....any cases anyone could recomend reading on this issue...I just finished with Nalls v. State..would like some more input.
October 09, 2009, 11:15
A.P. Merillat
Dig up an old Texas Prosecutor from the TDCAA archives:

Some banjo playing investigator wrote a piece (Odor in the Court, or That's No Skunk in the Jury Box) about the SPU using a convicted dope peddler as an expert in a marijuana case. Judge Ernst ordered the man sitting in the witness box, to "...light up the evidence." After the joint was duly fired up, the vapors rebutted the defendant's alibi that the evidence was simply Oregano. Guilty.
October 09, 2009, 12:42
Forensicscientist
"...light up the evidence." After the joint was duly fired up, the vapors rebutted the defendant's alibi that the evidence was simply Oregano...
October 09, 2009, 14:39
Gretchen
A.P. - You could've gotten the Nobel Peace Pipe Prize for that literary rendition. Wink
October 09, 2009, 14:57
A.P. Merillat
Or maybe crack pipe prize.
October 09, 2009, 15:19
suzannewest
92 S.W.3d 531; 2002 Tex. Crim. App. is an unpublished opinion that says expert status is immaterial, it's just familiarity through training and experience...but they need to smell it.

SIEBERS v. THE STATE OF TEXAS, COURT OF APPEALS OF TEXAS, FOURTH DISTRICT, SAN ANTONIO, 2003 Tex. App. LEXIS 9400 also says officer can prove up your mj for you.

I would guess by now there may be more recent decisions, but these might get you started.
October 09, 2009, 15:39
Dusty
thanks suzanne
October 09, 2009, 16:14
JB
I think the TDCAA Predicate Manual has some cites on that issue.