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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What is the penalty in the state of Texas for abusing an over

Resolved Question:

What is the penalty in the state of Texas for abusing an over the counter medication inconsistent with its labeling?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
For over the counter drugs, the law is based upon intoxication. According to Texas law, the legal definition of intoxicated is not having the normal use of mental or physical faculties because of the introduction of alcohol, a controlled substance, a drug, or any other substance in the body.. A person may be charged with public intoxication, and it is also illegal to drive under the influence of these types of products. But this is the only law regarding such abuse of those substances.

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Customer: replied 7 years ago.
So the only legal question at play would be public intoxication or DUI?

What if, for example, the medication was converted chemically into a different form? For example, an OTC inhaler containing an amphetamine converted from its original form to a powder or crystalline form using a chemical process - would the resulting product be illegal to possess?
Expert:  Law Educator, Esq. replied 7 years ago.
This depends on whether or not it has been converted to an illegal substance. There are certain substances like amphetamines that are illegal and if they are converting the over the counter substance to extract the amphetamine, they could be charged with possession of unlawful narcotics.
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