Okay I was driving with a bag of opened spice, I was not smoking it at the time, however I did have a soda can made into a smoking pipe.. I got pulled over for speeding and the cop said the car smelled like marijuana so he asked to search the car.. Unaware that spice was illeagal I let him search and he found the bag.. He didn't charge me for paraphernalia when he found my can but he gave me a possession charge.. If Texas has only outlawed very few chemicals in spice, can I fight the charge and have them test the spice for illeagal chemicals because I know that particular brand of spice has no illeagal chemicals. Better yet, my question should be how is spice something To go to jail for if its not illeagal?
Criminal Defense Attorney
It's been illegal for a year in Texas.
Austin Jail Release and Felony Drug Possession Lawyer
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DUI / DWI Attorney
It is illegal under the Statute. Manufacturers think they're being clever by changing the chemical composition, but I do not believe this defeats the Texas Statute. Of course, you never know what kind of creative argument a good defense attorney could craft. Start calling around now, because you're going to need one.
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DUI / DWI Attorney
I agree with the other posters. You need to consult an attorney. In addition, speak to them about the controlled substances for which you were arrested. Some of these "over the counter" type items that have outlawed recently may not be the exact substance for which you are being charged.
I had a similar case where a client was charged with poss of a substance that had a similar name to a listed controlled substance however, according to the DPS chemist, the substance for which the client was charge and indicted was NOT a listed/scheduled controlled substance - just one with a similar name. (Case was dismissed by the way)