Health and Safety Code 483.041 seems to exclude anything that is listed in schedules 1-5 and penalty groups 1-4. Am I reading this right? So, does this mean that I cannot file Possession of Dangerous Drugs w/o Prescription charges for someone who has Ambien (zolpidem tartrate) w/o a prescription? Zolpidem (nothing on the tartrate part) is in Schedule 4. Help.

I think that would be charged under 481.117 as zolpidem is listed in Section 481.104(a)(2) as a Penalty Group 3 substance.

n : a salt or ester of tartaric acid

I believe her question focused on whether or not the Zolpidem, (pg. 126 of the Penal laws spiral from TDCAA) listed in PG 3 included derivatives of that substance, including the tartaric salt derivative, 'Zolpidem Tartrate'.

Keeping in mind (a)(2)'s intro paragraph saying: a material, compound, mixture, or preparation..

The above substance seems to be a compound of Zolpidem. (I'm relying on college chemistry memory though, so I'd double check as suggested below.)

Check with your local DPS lab that tested the drug to verify what it was and I'm sure they'll have some insight. I've found the actual technician to frequently be very helpful in understanding the nature of prescription drugs and how they fit into the penalty groups.

I think the answer to your question is Ambien is a PG 3 substance.

Thank you both for your responses. Both were very helpful.