In a prosecution under Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.
Tex. Penal Code § 49.10
NO DEFENSE
Applied in 3 court decisions — leading case Nelson v. State (2004)
Most recently applied in Harkins v. State (August 2008)
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.