Lately our drug case lab results have come back with a combination of two substances that make up the total weight in grams. The two substances are cocaine and methamphetamine. We have been indicted them as:

intentionally or knowingly possess a controlled substance, namely cocaine and/or methamphetamine in an amount less than 1 gram.

Is this correct? Any suggestions on how to deal with the combined results?

If they object to the wording you could perhaps change it to two counts...

Count 1) Cocaine plus adultrant (methamphetamine)
Count 2) Methamphetamine plus adultrant (cocaine)

This seems sorta evil but it would probably shut them up.

PS: I just made that up from thin air, I'm not a lawyer.

I think there is some old caselaw about the use of "and/or" in an indictment that might get you into trouble. Maybe just saying "a substance containing one or more controlled substances, to wit: cocaine or methamphetamine" or "a substance containing the controlled substances cocaine and methamphetamine" would be preferable. For simplicity, why not adopt the approach of just choosing one or the other of the substances for prosecution? You might also consider alleging each in a separate count. The fact that two controlled substances are in the same mixture, solution, etc. does not mean you can't talk about the overall substance more than once. But, that approach will make for an interesting double jeopardy argument- so I see why you have chosen not to allege in separate counts.

I didn't know there was a problem with "and/or". Can you cite the case? I have used that phrase in an indictment from time to time.

Compton, 91 S.W.2d at 733 was likely one of those I had in mind. I am not suggesting that case would be decided the same way today, but its reasoning must at least be taken into account. Cf., Krebsbach, 962 S.W.2d at 730-1.