Selling Viagra

[tandyscone]

If an individual who had Viagra legally prescribed to him were to be convicted of selling that Viagra to someone else, would it be a felony or a misdemeanor? Does the amount sold make a difference on whether it would be a felony or misdemeanor?

[frenchlouie1986]

Felony

[FlyboyNY]

Felony. And the amount would make a difference if convicted.

[tandyscone]

Which Texas statute makes it a felony?

[Trey]

Dangerous drugs

[ShysterJon]

I tried to look up the statute, but I couldn't get it up.

[chicagoboy]

Originally Posted by ShysterJon

I tried to look up the statute, but I couldn't get it up.

You wanted to bone up on the law?

[ShysterJon]

Originally Posted by tandyscone

Which Texas statute makes it a felony?

To actually answer the question, my understanding is that Viagra (sildenafil citrate) is within the definition of a "dangerous drug" set forth in Texas Health and Safety Code section 483.001(2), which states:

"'Dangerous drug' means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend . . . 'Caution: federal law prohibits dispensing without prescription' or 'Rx only' or another legend that complies with federal law."

See Texas Health & Safety Code § 483.001. Subsection (3) states that to "deliver" means to "sell, dispense, give away, or supply in any other manner."

Most drugs are listed in the TCSA by generic name and are illegal to possess, manufacture, or deliver per se. Viagra is legal to possess by a patient when prescribed by a physician, but illegal to deliver to another, like any other prescription drug. The statute doesn't list Viagra (or its generic name) by name. It's within the catch-all definition of a dangerous drug which, to me, really means a prescribed drug.

If you scroll down in the TCSA to section 483.042(d), it states that to deliver or attempt to deliver a dangerous drug is a state jail felony. A state jail felony is punishable by at least 180 days in state jail and up to two years confinement, a $10,000 fine, or both.

Stay hard, my friends, but stay out of trouble.

[tandyscone]

Originally Posted by ShysterJon

"'Dangerous drug' means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act).

So Viagra is not included in Schedule V? I have seen conflicting information on whether it is or not. From the description of Schedule V, I doubt that Viagra is on it, but I have not been able to actually turn up the full list of Schedule V.

[Unique_Carpenter]

Originally Posted by tandyscone

.... but I have not been able to actually turn up the full list of Schedule V.

Seriously? Took me about 10 seconds. And, sildenafil, is not listed anywhere.
Btw, TX Schd V covers depressants. Are you thinking of the Federal DEA Schedules? But it wouldn't be listed there either as it's not a Narc item.

Anyway, the Texas Commissioner of Public Health maintains the Texas schedules, and they are found on that web site.

But go back to Jon's point that it does not matter if its on any of the schedules.
The specific code section he mentioned captures anything, regardless if it's on a schedule or not, simply cause it covers anything that requires a script.

Think about the implications of the code section he quoted.

This even covers a grandfathers script antacid he wants to give to his father, after that turkey dinner several days ago, that some daughters-in-law put together.
So instead, the bottle of Makers Mark gets emptied a bit.

For our non-Texas board members, note that most states have similar legislative whatnot, along with their own State Depts of Health, and the rules are similar.

[sketchball82]

Originally Posted by tandyscone

So Viagra is not included in Schedule V? I have seen conflicting information on whether it is or not. From the description of Schedule V, I doubt that Viagra is on it, but I have not been able to actually turn up the full list of Schedule V.

http://www.dea.gov/druginfo/ds.shtml

No, Viagra is not a narcotic.

For the full list of controlled substances, see:

http://www.deadiversion.usdoj.gov/sc...c_cs_alpha.pdf

[tandyscone]

Originally Posted by ShysterJon

"'Dangerous drug' means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act).

Originally Posted by Unique_Carpenter

But go back to Jon's point that it does not matter if its on any of the schedules.
The specific code section he mentioned captures anything, regardless if it's on a schedule or not, simply cause it covers anything that requires a script.

It's a moot point as Viagra is not on Texas Schedule V, but I disagree with your statement that it doesn't matter whether it is on a schedule or not. Texas Health and Safety Code section 483.001(2) specifically excludes drugs that are in Schedules I through V as I highlighted in SJ's quote.

[ck1942]

Look at the issue of risk this way:

If you are arrested on suspicion of selling any drug you are for an expesive legal "ride" even if eventually down the line you beat the rap.

[pickupkid]

Are you a pharmacist? Are you a doctor ? Do you want ot go to Jail?

[Unique_Carpenter]

Originally Posted by tandyscone

It's a moot point as Viagra is not on Texas Schedule V, but I disagree with your statement that it doesn't matter whether it is on a schedule or not. Texas Health and Safety Code section 483.001(2) specifically excludes drugs that are in Schedules I through V as I highlighted in SJ's quote.

Except that items mentioned on those schedules have their own penalties, usually more interesting. Which is why I said doesn't matter.

Whenever discussing codes, statues, etc., one must also be aware of the content of the related and or cross referenced codes, statues, etc. Or someone's azz will be hung out to dry rather quickly.

Most always there's a selection of codes that a prosecutor can select from (somewhat like being in a candy store) including the shelf of candy labeled "referrals to area Federal prosecutor" if the local prosecutor gets hacked off, and these folks all have each others tele #s on their handhelds nowadays.

Originally Posted by ck1942

Look at the issue of risk this way:
If you are arrested on suspicion of selling any drug you are for an expesive legal "ride" even if eventually down the line you beat the rap.

Originally Posted by pickupkid

Are you a pharmacist? Are you a doctor ? Do you want ot go to Jail?

I am aware of at least a few pastry shop operations procedures that pretty much state that if something is not in an original labeled container, with that persons name on it, seize it, and turn it into the evidence room, and file a report. On selected issues, the street cop doesn't have a choice, they will follow procedure.