Every few years kids choose a new over-the-counter drug to abuse. Apparently the latest one is Coricidin HBP (AKA "Triple C"). What crime, if any, applies to the following facts: In the high school a 15 year old sells a blister pack of 8 pills to a 16 year old. The 16 year old ingests all 8 pills - ODs - and has to be taken to the emergency room to get his stomach pumped. He should be OK. The 15 year old is then caught with about 80 more pills in his possession.

Nothing in the Health & Safety Code seems to apply because it's an OTC drug, and not a controlled substance precursor. We considered assault or deadly conduct, but I think that's a stretch because all the kid did was sell the otherwise legal pills to another kid. Now if the 16 year old had died I think we might have had a shot at criminally negligent homicide, because that seems to be the most applicable mental state for the 15 year-old's conduct.

I'd appreciate any suggestions. It's a situation we'd like to take a strong stance on if we can.

Thanks.

If it is an over-the-counter drug, then the 16-year old could have purchased it at a drug store and ingested it without the conduct of the provider. Would you prosecute a store clerk if the 16-year old had purchased it at a store? Simply because one person overindulges any legal substance does not mean that a crime has been committed. If you overreach in prosecuting a case and fail, then your office will look bad. Why not let the school discipline the provider?

So I guess you're saying you don't know of a crime that would fit these fact? Thank you. I didn't post my question because I was looking for a lecture on how to do my job. And I thought my post was clear that I didn't want to shoe-horn a crime where it didn't fit. If there's no crime, then there's no crime. So be it.

But what about reckless bodily injury to a child?

The 16 year old willfully disregarded the risk of injury.

Look at this information from www.streetdrugs.org on cold medicine abuse:

Dextromethorphan (DXM)


DXM is a cough-suppressing ingredient in a variety of over-the-counter cold and cough medications. Dextromethorphan, a semisynthetic narcotic, is an ingredient found in any cold medicine with "DM" or "Tuss" in the title or name. There are approximately 70 different products on the market that contain DXM.

DXM acts centrally to elevate the threshold for coughing. At the doses recommended for treating coughs (1/6 to 1/3 ounce of medication, containing 15 mg to 30 mg dextromethorphan), the drug is safe and effective. At much higher doses (4 or more ounces), dextromethorphan produces disassociative effects similar to those of PCP and ketamine.

STREET TERMS: Orange Crush, Triple C's, C-C-C, Red Devils, Skittles, DXM, Dex, Vitamin D, Robo, Robo-trippin', Robo-dosing.

DXM EFFECTS: Euphoria, enhanced awareness, impaired judgment, loss of coordination, dizziness, nausea, seizures, panic attacks, psychosis, brain damage, and addiction. Coma and death may result from taking cold medicines with DXM. Tolerance and physical dependence may develop with prolonged use. Withdrawal symptoms include restlessness, muscle or bone aches, insomnia, diarrhea, vomiting, and cold flashes with goose bumps (�cold turkey�).

Recent reports indicate that a powdered form of DXM is available on the Internet. Internet sites also inform young users to drink cough syrup expeditiously in order to absorb enough DXM from the drink prior to the impending incidence of vomiting which will occur as a result of the ingestion of the large volume of syrup required for intoxication.
Source: DEA Diversion Control Program, August 2001

Teens have been reported to drink three or four bottles of cough syrup in one day and take up to 20-30 tablets of Coricidin at once. There have been reported cases of overdoses that have resulted in coma and death.

Sec. 22.04 (l)(3), added in 2005, establishes an affirmative defense for a defendant if the child victim is within three years of age. So, no injury to a child is possible.

Patrick, I meant no offense in terms of my post. I was simply trying to give advice.