The H&SC, in Sec 481.124 and elsewhere, mentions a list of precursor chemicals, etc to be drawn up by the director. Does anyone know where I can get my hands on a copy of this list? Thanks

Contact David Boatright at DPS's Criminal Law Enforcement Division (he is their attorney). But do it fast--David is retiring in a couple of months. He helped write much of the drug laws and can assist you with the list.

Janette

I believe you can find the list of immediate precursors at

http://www.tdh.state.tx.us/bfds/dmd/immediatepercursors.html

Stephanie

Since Pseudoephedrine is an immediate precursor, #37 on the above linked list, what quantity is required for it to be a crime?

481.124(a) establishes that possession of pseudoephedrine 'with intent' to manufacture a controlled substance is a 2nd degree felony.

481.124(b) establishes a presumption that if a person possesses 300 tablets, more than 9 grams, or three retail packages of pseudoephedrine along with three items off of 481.124(b)(3)(B) then the possessor intends to manufacture methampetamine.

Law enforcement would like to sit on the pharmacies and watch the dopers send three people in to buy 2 packets of sudafed each. Once they all get back in the car, you've got 6 retail packets in one vehicle. (Which is twice what is required if there is Anhydrous Ammonia or 3 of the (B)list items in the vehicle.

If they stop the car based on the monitored purchase of cold medicine alone, is it a good PC stop?

If the Defendants only possess cold medicine, what sort of questions would you want your officers to ask to help establish the 'intent'?

If the defendants are driving from pharmacy to pharmacy, all day long, at what point would you advise your officers to go ahead and make the stop?

I believe Walgreens and Wal-Mart both have a policy that they will not sell more than six packages to any one person because pseudoephidrine is used in the manufacture of meth. In fact, I rememember a few months ago I heard about some guy that supposedly sued Wal-Mart for refusing to sell him more than six packs of Sudafed.

Janette Ansolabehere

Thanks everyone for the help. Just FYI, here locally, the recent trend I've seen is for the lab guys to send all of their customers out to buy the cold medicine and make some type of trade off for every box obtained this way. Of course, there's also been an upswing in the shoplifting cases involving ephedrine, etc.