Ex Parte Giles

OPINION

ONION, Presiding Judge.

These proceedings present the question of the constitutionality of Section 6.01(c) of the Texas Controlled Substances Act, Vernon’s Ann.Civ.St. art. 4476-15 (Acts 1973, 63rd Leg., Ch. 429, p. 1132 — effective August 27, 1973), which has been codified as Article 725f, Vernon’s Ann.P.C.

*778The relator was convicted in the 178th District Court of Harris County on October 18, 1972, of the felony offense of possession of marihuana (on the 15th day of August, 1971) in Cause No. 168,817.

The trial upon relator's plea of guilty was before a jury, which assessed his punishment…