Comment

Controlled substances offenses are often graded according to the weight of the substance involved in the offense. American courts almost always construe these offenses as not requiring awareness of the weight of the substance, even where that weight determines the seriousness of the offense.

The Committee was convinced that the Texas courts would follow the approach of American courts generally. This approach is also consistent with reading Texas culpable mental state law as requiring awareness of those elements of a crime that distinguish innocent from criminal behavior. The weight of the substance possessed does not distinguish innocent from criminal behavior but only distinguishes the seriousness with which the law regards clearly criminal behavior.