I think you're right....where the statute says USE OF alchohol or controlled substance is an element of the offense. DWI....use of the substance is an element of the offense. POSESSION of MJ does not involve the USE of a controlled substance. That's why I think DPS is interpreting this way. I could be dealing tons of marijuana and never USE it...so I woudn't be chemically dependent...although I'd get a felony for the 2000 lbs.infoman wrote:Trust me I know the statues inside & out. I'm just saying what they do & don't deny for. & if you called them & asked specifically the example I gave. (The 2 Poss of Marijuana charges in 2009 & 2010). Both over 5 years, yet both within 10 years. Both Class B misdemeanors. DPS would not deny that person under "chemically dependent". & of course for this example I mean convictions/deferred adjudications. Disposition dates 2009 & 2010. Call & ask them as an eligibility question. I'll eat crow if I'm wrong.
