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We have a case with three yutes snorting nitrous out of whipped cream cans in the grocery store. When I looked to get the information wording, I found that H&S code is in a state of confusion. Sec. 484.003 appears to add a new offense specifically for nitrous, but the footnote tells me that Chapter 484 was repealed and refer to Chapter 485. However, Chapter 485 excludes from the definition of volatile chemical any nitrous oxide from an FDA regulated food, drug, or cosmetic product. What gives? Do I cut bait and file it as criminal mischief? Which statute do you follow to allege it as a drug offense?
 
Posts: 27 | Location: Georgetown, Texas | Registered: March 13, 2001Reply With QuoteReport This Post
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Huffing the whipped cream cans is a crime?? Isn't it just something kids do??? I would think maybe Class C Criminal Mischief because they've devalued the product by impeding the purchaser's ability to squirt the whipped cream by sucking off the propellant. And I guess having the defendant's mouth on the can sort of devalues it, too. And is it "yutes" or "yoots"?
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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Whippet. Whippet Good.
 
Posts: 3 | Location: Georgetown, Texas, USA | Registered: January 28, 2003Reply With QuoteReport This Post
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Where last year, some guy was found doing something naked in a grocery store, right? What is going ON up there?!

And from NJ, it's yutes.
 
Posts: 97 | Location: Austin, TX | Registered: May 20, 2002Reply With QuoteReport This Post
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For those not in Wilco who don't know the story of the guy committing an unnatural act with a can of Big & Sexy hairspray at the Albertson's, let's just say that that guy definitely devalued that can of hairspray much more than some kid's mouth on the whipped cream can did!
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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