I told the amazing ladies in our office that make out lives so much easier that I would ask this for everyone's peace of mind.
The statute for POCS says "did then & there possess... without a prescription...", however our charging manuals don't include the "without a prescription" part (Not talking about the language that has to be on the bottle for Dangerous Drug charge).
When dealing with prescription drugs, why is this language not required? Not trying to make it more difficult or add more than is needed. We were just discussing it and became curious.
Check out Penal Code Sec. 2.02 for the answer. The HSC statutes do not have the magic language requiring the pleading of an exception.
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