Threlkeld v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for possession of cocaine. Punishment was assessed by the court at three years.

Appellant contends that the court erred in overruling his motion to quash the indictment on the theory that possession of cocaine under Section 4.04(a) of the Controlled Substances Act is not illegal per se but becomes illegal only when not obtained directly from, or pursuant to, a valid prescription of a practitioner.

Section 4.04(a) of the Controlled Substances Act, V.A.C.S., 4476-15, under which appellant was indicted, provides:

“Except as authorized by…