Ex Parte Tipton

The majority grants relief in this cause because the indictment alleged possession of “Hashish” rather than “tetrahydrocannabi-nol.” Such a collateral attack should not be allowed in light of the language of Section 2.02 of the Controlled Substances Act (V.A. C.S. Article 4476-15). That section provides:

“The controlled substances listed or to be listed in the schedules in Schedules I, II, III, IV, and V and Penalty Groups 1, 2, 3, and 4 are included by whatever official, common, usual, chemical, or trade name they may be designated.” (Emphasis supplied)

Tetrahydrocannabinol is the chemical…