Wright v. State

I concur in the judgment of the majority, to the extent that it holds that it is a defense to prosecution under Tex. Health & Safety Code § 481.117(a), for possession of a controlled substance, that the substance was obtained pursuant to a valid foreign prescription and brought into this country in accordance with federal law.

However, I believe that in this specific case, the Court of Appeals instruction to the trial court to dismiss the indictment was appropriate. Because the jury was not instructed on the applicable “ultimate user” defense, the appropriate remedy would normally be to remand…