I am using logic from an extremely smart person, in a slightly different way, i.e.: THE DEFINITION OF "CONTROLLED SUBSTANCE" IN THE PENAL CODE (SEE SEC. 1.07 OF THE PENAL CODE) REFERS YOU TO THE DEFINITION IN THE HEALTH & SAFETY CODE SEC. 481.002(5) SAYS THAT A CONTROLLED SUBSTANCE IS ANY SUBSTANCE LISTED IN SCHEDULES 1 THROUGH 5 OR PENALTY GROUPS 1, 1A, AND 2 THROUGH 4 OF THE HSC. THE 2011 SCHEDULE OF CONTROLLED SUBSTANCES (SEE Http://www.dshs.state.tx.us/dmd/control_subst_sched.shtm) LISTS MARIJUANA AS A SCHEDULE I DRUG (number 24). THAT SHOULD PUT MJ AS A "CONTROLLED SUBSTANCE" FOR PURPOSES OF 71.02(a)(5) IN THE PENAL CODE....RIGH?

BTW, the source of the previous information was Karla, from Grayson County. Although I am twisting her intent, it was her research. So, to Karla, THANKS (for some reason I'm supposed to say it in caps?).

jth

Yes, now you just have to make sure it fits under the combination/criminal street gang element, which seems to give law enforcement officers trouble, in general. Wonder why they set up the Schedules and penalty groups differently? Under the penalty groups listed in the HSC, marihuana isn't in one, but it is a Schedule 1 controlled substance. Another mystery of the universe....

EVERY communication with Karla is in caps!! More than one person has ribbed her for it. But, for an appellate attorney (yes, that's a challenge to others--the quiet, but erudite!), she does get out there and contribute her insights. GO, KARLA!

SWEET TALKERS............