Herrera v. State

OPINION

JACKSON, Commissioner.

On May 22, 1973, both appellants entered pleas of guilty, after waiving trial by jury, to the offense of possession of a narcotic drug, to-wit, marihuana, which occurred on January 26, 1972. The punishment for Herrera was four (4) years, and for Ni*72chols, three (3) years. They were so sentenced on June 4, 1973.

It is the contention of appellants that Art. 725b, Vernon’s Ann.P.C., under which they were convicted, is unconstitutional wherein it classifies marihuana as a narcotic drug. They contend that when the Texas Controlled Substances Act was passed, effective…