concurring.
Appellant was originally convicted on a felony information which charged him with possession of “a controlled substance, namely tetrahydrocannabinol.” Appellant claims that this information was void because it failed to state an offense and because it was not specific enough to confer jurisdiction upon the district court. I write merely to help clarify the resolution of this issue.
Tetrahydrocannabinol, commonly referred to as THC, is a chemical term for the resin secreted by the plant Cannabis Sativa L. and THC is that plant’s key psychoactive ingredient. Marihuana is statutorily defined as the plant Cannabis Sativa L. or any of its derivatives. V.A.C.S., Art. 4476— 15, Sec. 1.02(17). If the resin, i. e., the THC, is extracted from the plant, those extracts are excluded from the definition of marihuana. Id. These extracts and their derivative preparations, such as hashish, generally contain higher concentrations of THC and are separately treated as “tetrahydrocannabinols.” Ex parte Psaroudis, 508 S.W.2d 390 (Tex.Cr.App.1974).
Any material “other than marihuana” which contains any quantity of natural or *586synthetic THC is proscribed in Penalty Group 2 of the Controlled Substances Act. V.A.C.S., Art. 4476-15, Sec. 4.02(c). Possession of a substance listed in Penalty Group 2, in any quantity, is a third degree felony. Id., Sec.- 4.04. Marihuana is defined and treated outside the penalty groups of the Act and possession of a “usable quantity” of marihuana may be a third degree felony, a Class A misdemeanor, or a Class B misdemeanor, depending on the amount possessed.
This information charged possession of tetrahydrocannabinol but left out the qualifier “other than marihuana.” Marihuana, as statutorily defined, contains tetrahydro-cannabinol if its resin has not been extracted. Therefore, by leaving out the qualifying phrase, it is unclear whether this information charged the possession of marihuana or the possession of THC other than marihuana.
Possession of marihuana, unlike possession of THC other than marihuana, may or may not be a felony offense depending on the amount alleged. Where, as in this case, no amount was alleged, the information permits uncertainty as to whether the district court had jurisdiction over the case and this uncertainty renders the information void. Ex parte Barcelo, 577 S.W.2d 499 (Tex.Cr.App.1979); Mears v. State, 520 S.W.2d 380 (Tex.Cr.App.1975). This specific attack on the original information may be raised on appeal from a revocation of probation. Peoples v. State, 566 S.W.2d 640 (Tex.Cr.App.1978). Although the conviction must be reversed, I do not believe that a comprehensive discussion of the nature of marihuana or of the background of current federal and state legislation is necessary to a decision in this case.