Morse v. State

OPINION

DALLY, Commissioner.

The conviction is for the possession of marihuana; the punishment, two years’ imprisonment, probated.

In several grounds of error the appellant attacks the statute under which he was convicted. 1

The first ground of error is:

“Insofar as it pertains to marihuana, the Texas Uniform Narcotic Drug Act, Texas Penal Code and Article 725b (1961) is in such positive conflict with the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C.A., Sec. 801, et seq., that the two cannot consistently stand together and is therefore, invalid.”

The appellant…