According to HSC Sec. 481.037 Carisoprodol is now a Schedule IV controlled substance instead of a Dangerous Drug. However, according the the 2009 Legislative Note in the new code book, since the legislature failed to assign it to a penalty group, it is arguably no longer an offense to possess, deliver, or manufacture it without a prescription.

This is one of the biggest drug cases we get. How are others handling this change?

New Texas law meant to track drug instead makes abuse easier

By AMAN BATHEJA
Ft. Worth Star-Telegram
August 6, 2009

The Texas Legislature wanted to help law enforcement officials more easily track a widely used and increasingly abused prescription drug.

Instead, for about a month this summer, lawmakers inadvertently made it easier to abuse the powerful muscle relaxant Soma, according to the Texas District and County Attorneys Association.

Possession and distribution of Soma without a prescription is now illegal again in Texas, but in another unintended consequence, those convicted of it may face lighter punishment.

District and county attorneys around the state are learning of the change via a legislative update booklet the association distributes to its members after each legislative session.

The rest of the story ...

I love how Rep.Hopson describes this as just "the DAs don't like the language". Those silly nitpicky prosecutors!

quote:

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The Texas Pain Society proposed the legislation to cut down on "doctor shopping" of Soma, said Dr. C.M. Schade of Garland, who sits on the group�s board of directors.

Prosecutors tend to decline Soma cases, citing a lack of resources, he said.

With the designation of Soma as a Schedule IV drug, the Texas Medical Board can now track how doctors prescribe it and pull the licenses of those who are negligent.

"I don�t doubt what the attorneys are saying," Schade said. "It amounts to nothing because they�re not going to prosecute Soma cases anyway."

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Now prosecutors are just lazy? This guy's a nut!

Not prosecute???? Almost every single dangerous drug case I have ever filed has been on Carisoprodol!

I received this link to where the commissioner added Soma to the list making it fit into the catch all. HSC 481.119(b) would apply making Soma a class B to possess it without a prescription. It's a shame with all the Soma cases we get. Now it's a class B, instead of a class A.

http://www.sos.state.tx.us/texreg/archive/July172009/in-addition/in-addition.html#227

Looks like that scheduling took effect Friday, August 7, 2009, if I'm counting correctly (" ... effective 21 days after date of publication of this notice in the Texas Register ...", said notice having been published on July 17, 2009).

If so, then from June 19 to August 6, 2009, carisoprodol was legal in Texas, and as of August 7, 2009, it can only be prosecuted as a misdemeanor under the miscellaneous substance section.

But who cares, since the good doctor says y'all never took those cases anyway.