TDCAA Community
Theft of Drugs

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September 28, 2006, 11:32
JMH
Theft of Drugs
EMT stealing drugs. I've looked and can't find it as anything but plain ol theft, or are we missing something? (not including Possession, etc.
September 28, 2006, 12:46
Scott Brumley
Is the EMT privately employed? If he works for the government (e.g., hospital district, city or county), it might be abuse of official capacity (39.02). If the EMT doesn't work for the government, and depending on what drugs he stole, it might also be possession of a dangerous drug (H&S 483.041), but then again, that would probably be within the "possession" milieu you're looking to get out of, right?
September 28, 2006, 14:09
JMH
Not sure about whether the agency he works for is Govt. or private but will find out.
As for the drug, I'm waiting to hear what penalty group it is (Nambien if anyone knows off the top of their head). Both the Poss CS and Abuse would be out of DA's office.
For some reason I had it in my head that theft of drugs was different than the normal theft, but not sure where I got that or why I think it. Just seems that Class B is a little low.
This makes me think of another Q. The value assessed to the drugs? What the Hospital or EMT Agency paid for it or what it would be billed at if administered? (pretty sure can't use street value, whatever that may be)
September 28, 2006, 16:10
J Ansolabehere
Did you mean Ambien rather than Nambien?

Janette Ansolabehere
September 28, 2006, 16:39
Drew Gibbs
Nambien is the generic version of Ambien, the sleeping drug we have probably all seen commercials for.

the active drug found in Ambien/Nambien is Zolpidem.

Zolpidem is a Penalty Group 3 drug.
September 29, 2006, 15:44
P.D. Ray
Drug Diversion statute, look at (a)(5)(A), (B), or (C)