I just got an offense report that shows Xylocaine seized as a PG 1 controlled substance. Really? Does anyone know what section of the health and Safety Code?
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001
It is, but the guy has a gajillion unrelated misdemeanor charges, POM, UCW, Dangerous Drugs, Drug paraphernalia, and probably something I am forgetting now. I do not see either xylocaine or lidocaine in the health and safety code.
It was in a vial and he claimed it was for a bad tooth.
[This message was edited by Gordon LeMaire on 04-15-11 at .]
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001
The only place I could find it in the statutes was Health & Safety Code § 142.0063 which implies it's a dangerous drug. See also Burton v. State, 830 S.W.2d 197, 203 (Tex.App.–El Paso,1992) ("the substance delivered to Darr while not cocaine, was lidocaine—a drug included in the dangerous drug act.").
I guess it's covered by Health & Safety Code § 483.001(2)(A). See Ex parte Smith, 692 S.W.2d 518 (Tex. Crim. App. 1985).
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001