I am trying to indict a case under 481.124 of the
Controlled Substances Act. What is the definition of "three containers packed for retail sale of ephedrine"? We have three packages of sudafed. Does that mean the definition?

Most Sudafed contains Pseudoephedrine. Double check the labels on the packaging to be sure that it's got the pseudo.

Remember, the three packages provision is under 481.124(b) which establishes a presumption of intent. So you can have less than 300 tablets, or less than 9 grams, or less than 3 containers packaged for retail sale, and still have a crime.

Also, keep in mind, if you're trying to establish the presumption, you need (b)(1), (b)(2) or

(b)(3) in one container, vehicle or building, phenylacetic acid, or more than nine grams, three, containers packaged for retale sale, or 300 tablets or capsules of a product containing ephedrine or pseudoephedrine, AND:

Anhydrous ammonia

OR

three items from (B) or three items from (C)

All of this is just to establish a presumption of the defendant's intent. If you can establish the intent of the defendant without the presumption, then whether or not you have 3 packages still in the paper boxes as they were assembled for retail doesn't matter. If the blister packs are out of the boxes and no longer packaged for retail, you can still show intent to manufacture by other collateral evidence.