Upping the Ante: How Quickly a Misdemeanor Becomes a Felony
Parental Behavior That May Lead Your Child Toward Crime
Winning at Voir Dire: 54 Steps to Jury Selection Success
Look at the photo above. What do you see?
A) Lava
B) An Ocean
C) A Desert
D) Mountains
E) Something Else
Ask others what they see. You will find people view this photo differently. People view this photo based on what they have experienced in life.
In the context of voir dire, think about a hung jury.
The jury has just sat through and seen all the same evidence and exhibits; has heard the same opening statements and arguments; and, has been read the same jury instruction from the court. Yet the decision makers were unable to unanimously reach the same conclusion.
Why?
Because just as our life experiences influence the way we see the photo above, our life experiences influence the way we interpret the evidence. Each juror’s conclusion, whether guilty or not, was made through their worldview. Life has stamped a colored imprint on the lenses of each juror’s eyes. This footprint has been strengthened over time and is unlikely to change in just thirty brief minutes.
This is why, contrary to what lawyers are often taught, a jury trial is won or lost the moment the jury panel walks into the courtroom, not at the conclusion of voir dire.
Once the trial lawyer understands that, they are better armed to find and strike any juror whose worldview is inconsistent with an acquittal. The ultimate goal of voir dire.
This is how.
Pre-Trial:
- Review applicable jury charge for potential challenges for cause.
- Review applicable law for potential challenges for cause.
- Identify the emotional (hot-topic) issues of your case.
- Develop a summary of your case.
- Bounce that summary off family, friends, and staff.
- Narrow-down the issues non-lawyers find important.
- Focus Groups: useful to discern what issues may be important to a jury, that wouldn’t be to an attorney.
- Focus Groups: not useful to predict what your jury panel is likely to believe because each panel will be different.
- Know the type of juror you are looking for in the box.
- Have a theory to your case.
- Draft relevant questions.
- Practice your questions until they become natural.
Trial (prior to voir dire beginning):
- Have help.
- Have a jury seating chart.
- Know how jurors are seated in the courtroom.
- Get the jury information sheets as soon as possible.
- Immediately assign prospective jurors a rating (Leader/Follower; For Me/Against Me)
- If the ratings suggest, request a shuffle.
- Write out jurors by name
- Engage the panel from the start. Begin voir dire by providing a context encouraging full participation.
- Begin with questioning “Leaders – Against Me.”
- Spend time with jurors who may actually be reached.
- Best practice is to have someone else take notes, so you can give your full attention to the panel.
- Don’t explain things to the prospective jurors; let them explain things to you.
- Refer to jurors by their last name.
- Don’t argue with a potential juror: this is the quickest way to ensure individuals will not express their strongly held opinions.
- Ask “Loaded” questions. “People have strong feeling about the burden of proof in a criminal cases. Some people would require the state to prove their case beyond a reasonable doubt. Other people feel beyond a reasonable doubt is to too high a burden. They would require the State to prove their case by clear and convincing evidence.
- Ask “Winning” questions, “Can you think of some reasons why a child may lie? Winning questions allow the jurors to provide pertinent answers to the theory of your case.
- Refer to answers from jurors throughout the course of your trial (e.g. opening, cross, closing, etc.)
- No legal words.
- Don’t be afraid of unfavorable answers or “poisoning” the panel.
- Loop unfavorable answers for cause with “Who has a different opinion from {juror}?”
- Loop favorable answers for cause with “{Juror} has said . . ., who has a similar opinion?”
- “Tell me more about that . . .”
- “Is it fair to say . . . “
- Ignore the good.
- Identify and engage the bad.
- “Can you think of any other reasons . . .”
- Thank jurors for their honest opinions.
- Protect the record. Identify juror’s head nods and answers by name.
- When challenging for cause (at bench) remind the juror what he or she previously said.
- Follow up with “Are my notes accurate?”
- Nail the strike down: “Is it fair to say that regardless of the law, the facts, or the judge’s instructions that you . . .”
Preemptory Strikes:
- Ask all decisions makers (see #12) to make a list equal to the number of preemptory strikes. No discussion at this point.
- Compare numbers.
- Use a preemptory strike on any juror who shows up on every list.
- If strikes remain, discuss.
- “Leaders – Against You” are struck first.
- “Leaders – Questionable” are struck second.
- “Followers – Against You” are struck third.
Additional Tips:
- Rid of jurors that have a point of view inconsistent with an acquittal in your case.
- Understand jurors make up their mind and then justify their decision.
Happy jury selection and good luck.
Harris County Misdemeanor Marijuana Diversion Program
Effective March 1, 2017, the District Attorney’s Office will unveil the Harris County Misdemeanor Marijuana Diversion Program (MMDP). This program aims to give citizens a chance to avoid misdemeanor marijuana arrests and convictions by completing a 90-day program while also seeking to use resources of the Harris County Criminal Justice system more effectively and efficiently.
To be eligible for participation in the Harris County Misdemeanor Marijuana Diversion Program a person must:
- Be 17 years or older;
- Be found to have four ounces or less of marijuana;
- Possess sufficient identifying information at the time of detention (stop);
- Have no additional criminal charges arising out of the instant detention. For example, a person found in unlawful possession of marijuana and Xanax would be ineligible;
- Have no outstanding warrants;
- Not currently on bond, deferred adjudication or probation for a Class B offense or greater; and
- Be stopped and detained in Harris County (Montgomery County, Waller County, Liberty County, Galveston County, Ft. Bend County, Chambers County, and Brazoria County do not apply).
Note: A person will still be eligible to participate if they have a prior criminal record and/or if they have participated in the program before.
A person is not eligible for the Harris County Misdemeanor Marijuana Diversion Program if:
- They are on bond, deferred adjudication or probation in Harris County or another jurisdiction for any offense other than a Class C (e.g. speeding ticket);
- Officers determine the person possesses marijuana with the intent to deliver (i.e. be careful how much cash you have);
- Is in possession of a concealed handgun and marijuana without a valid Concealed Handgun License (CHL). In this instance the person, assuming all other requirements are met, will only be charged with the Unlawful Carrying of a Weapon;
- Possess four ounces or less in a “drug-free zone”;
- Possess four ounces or less in a corrections facility;
- Is currently enrolled in the MMDP program; or
- Is found with cannabis wax, cannabis oils, etc. (these are controlled substances under Texas law and a felony).
Note: The officer can still detain and arrest you for driving under the influence of marijuana if probable cause exists that you were driving while intoxicated through the introduction of drugs.
Harris County Misdemeanor Diversion Program Requirements:
The Marijuana program requires a person to:
- Sign up for and complete the 4-hour MMDP cognitive decision-making class within 90 calendar days of his or her arrest;
- Not break the law before completion of the course (i.e. do not get arrested for another offense before the 90 day period is up); and
- Pay a $150 program fee.
MMDP Program Procedure:
When a person is stopped, and an officer finds a misdemeanor amount of marijuana, the officer should contact the Harris County District Attorney’s Office to confirm 1) probable cause exists for the detention (i.e. “the odor of marijuana”) and 2) if the person is eligible for the MMDP program. If the person is eligible, the officer will not make an arrest but instead will offer an agreement stating the marijuana program’s requirements and ask the person to sign. After signing the MMDP form, the person is released. If the person refuses to sign the MMDP form, they will be arrested, booked, and charged as if the program did not exist.
Once the person successfully completes the marijuana diversion program, no criminal charges will be filed and no criminal history of the event will exist. If the person agrees to but fails to complete the diversion program a formal criminal charge will be entered and an arrest warrant will be issued.
For Harris County misdemeanor marijuana cases filed before March 1, 2017
If you have been charged with possession of marijuana, 4 ounces or less, before March 1, 2017, you may still be able to take the class and have your case dismissed. Though as of this writing, the answer has not been finalized.
For additional questions feel free to contact our office, the Adamo & Adamo Law Firm at 713-237-8380 or email us at [email protected].
Super Bowl LI: Good decisions gone bad.
In case you live in a bubble, on February 5, 2017, Houston will host the 51st NFL Super Bowl. While the game will attract millions of worldwide viewers, it is the events leading up to the game that will draw the most attention. Houstonia Magazine has been running a feature, highlighting everything you need to know in preparation for Super Bowl LI. Perhaps more important than the parties is understanding what to do when the wheels come off during one. So if you or your mate’s motto is “bad decisions make for good stories”, keep reading.
First Quarter: 5th Amendment.
You didn’t plan on being out long, but you bumped into Johnny Football. Before long, you’re dropping your flag football college intramural stats. Next thing you know someone in his entourage hands you a shot. And another. And another. Time flies when you are partying with JFF and now it’s 2:00 AM. Uber is running 5X their normal rate and, besides, you feel invincible. You hop in your car to head home. It’s just a few blocks away, but valet turned your auto lights off and the eyes of Texas are now staring down upon you. Red and blue flashing lights appear in your rear-view mirror. Two officers approach your driver side window. “You had anything to drink tonight?”
You have the right to remain silent, but you also need the ability. Know that anything you say will be used against you. Remember two lines: “Am I free to leave?” If the answer is “yes”, leave. If the answer is “no”, then “I’d be happy to cooperate with my attorney present.” No more, no less.
You drop $250 for a once-in-a-lifetime chance to attend the Playboy Party. You’ve fallen in love eight times tonight, but the ninth time it’s for real. That is until some bro slides in on your wife-to-be. Words turn to insults. Insults turn to shoving. Unknown to your adversary, you’ve been trained by Miyagi Dojo and unleash a crane kick in the middle of the crowd. Of course, crane kicks are better suited for 1980s Hollywood, and yours lands on the face of wife-to-be number nine. “That’s assault Brotha” and the men in blue have taken notice. Walking away in cuffs, you get the attention of your buddy, “get me outta here.”
There are 2 ½ options for bail in Harris County:
(1) Post a Surety Bond: Contact a bonding agency or Harris County criminal defense attorney who will cover the bond for a fee of approximately 10-15% of the total bond, So if the bond was $20,000, you would pay $2000 to the bondsman and he would cover the total bond. The $2000 fee is non-refundable.
(2) Post a Cash Bond: If you post a Cash bond, you will pay 100% of the bond amount. For example, if the Bond is $500, you pay $500. If the bond is $10,000, you would pay $10,000. Once the person’s case is disposed of or complete, the amount posted will be refunded.
To post a cash bond:
- Go to the Jail Public Information Inquiry or call the Jail Information Line at 713-247-5400 / 713-837 – 0311 and type in the necessary information.
- Print the search result page or write down the person’s location, arrest number, name and date of birth.
- For any offense greater than a Class B Misdemeanor take cash along with your photo ID to 49 San Jacinto, Houston, TX 77002 (phone: 713-755-8040). Be prepared to wait in line.
(1/2) Hope for a Personal Recognizance (PR) Bond: a PR bond is where the person is released upon his or her own promise to appear. These bonds are reserved for low-level, low-risk persons with no criminal history. Neither a bondsman nor a cash bond is needed for release. While still unique in Harris County (hence the ½), these bonds are gaining traction.
Third Quarter: Appearing For Court
Bail has been posted, you have been processed and 6-8 hours later you are saying goodbye to your new jailhouse friends. You are dazed. You are confused. You are tired and you are hungry. If anything, keep track of your bond papers. On them, you will find your court number, court date, and court time. In Harris County, the court date could be as soon as the next day. Don’t be late for court, your bond may be revoked. Time to lawyer up.
Fourth Quarter: Odds and Ends
Phone Call: In jail, there will be phone access. If you receive a collect call, answer it and keep it simple. These phone calls are recorded. If the person in jail is calling your cell phone, you’ll need to set up an account at www.GTL.net in order for them to get through to you.
Vehicle Towed: If the person was arrested for an incident involving a car, it was likely towed away. Call the Wrecker tow line, 713-308-8580, or go to houstonpolice.Org, Find my Towed Car, where you can search by license plate and/or VIN number.
If you learn there is no bond (i.e. the person is on probation for another case, on bond for another case, violent charges, or the person is considered a flight-risk) contact a Harris County Criminal Defense Attorney, who will get a bond set (same advice applies if an extremely high bond is set).
Harris County Criminal Justice Map:
Stock Up, Stock Down: Harris County Justice in 2017 and Beyond
s Amidst a federal lawsuit against Harris County and Harris County Misdemeanor Court Judges bail policies; amidst county-wide evidence destruction; amidst appellate court findings of prosecutorial misconduct; amidst perjured testimony from government employees; and the jailing of a rape victim, Harris County residents decided change was necessary and come January 1, 2017 a new sheriff, a new district attorney, a new criminal county court at law judge, and nine new criminal district court judges will take their respective seats.
Kim Ogg, the new Harris County District Attorney is a South Texas College of Law Houston College of Law South Texas College of Law Houston alum and will oversee the district attorney’s office for the third largest city in the nation. In her twenty-five year legal career she has spent time as both a prosecutor and defense attorney. Her prior stint in the DA’s office included involvement with the City of Houston’s first anti-gang task force as well as crime stoppers. She is well-qualified for the position as the legal community looks toward the change her campaing platform stood on.
Stock Up: Marijuana, Trace Cases, and Bail Policies
Reports of ending arrests and prosecutions for small amounts of marijuana possession have surfaced and are believed to have the support of new Harris County Sheriff, Ed Gonzalez. For now, marijuana possession under two ounces is a class B misdemeanor, punishable up to 180 days in jail and up to a $2000 fine. Possession up to four ounces is a class A misdemeanor, punishable up to 1 year in jail and up to a $4000 fine. Under the new regime possession of marijuana up to four ounces would not result in an arrest. It is also believed trace (the bare minimum) controlled substance cases will not be prosecuted.
Another area drawing attention is bail reform. In Harris County upward of 75% of all jail inmates are awaiting trial, many for low-level, non-violent offenses unable to afford bail. While personal recognizance (PR) bonds have been available for some time, they are rarely used. The new administration has emphasized prosecutors will be unopposed to PR bonds. To accomplish this task, the judges and magistrates will need to jump aboard and bond company representatives, known to make lucrative donations, must be overcome.
Each of these policies would be a step in the right direction toward ending outdated ideologies. Severely over-crowded jails would become less crowded. Arrest and conviction related job-loss would decline. Court dockets would clear up. These two policies alone would benefit the city of Houston as a whole.
Stock Down: Organized Crime and Gang-Related Activity
On the flip, as a former director of the first anti-gang task force in Houston, one can expect our new district attorney to focus on prosecuting organized crime and gang-related offenses. There have been early mentions of a special prosecutorial division tasked solely with prosecuting and investigating gang members and gang member activity.
The aforementioned ideas are just the tip of the iceberg, and Houston should expect additional changes. Questions surrounding re-filing of previously dismissed charges, pretrial intervention programs, DWI policies, are additional items that will shape the perception of the elected class of 2017.
You Are Committing a Felony: Cannabis Oils in Texas
Cannabis oils in Texas
Cannabis oils are illegal in Texas. In fact, you are committing a felony and don’t even know it.
Maybe it’s for a bachelor party.
Maybe it’s for a business trip.
Maybe you are looking to escape the Texas heat.
Whatever the reason, you have just touched down at Denver International Airport and you are determined to emphasize the “High” in “Mile-High.”
Just make sure what happens in Colorado, stays in Colorado.
You be surprised how many vape pens, cannabis oil cartridges, and edibles find their way into visitors golf bags, ski bags and luggage. While legal in Colorado, the cannabinoid oil that fuels the vaporless pen is a felony in Texas. The paraphernalia itself is a misdemeanor.
What is Cannabis Oil?
Cannabis oil (also known as: marijuana oil, hash oil or wax) is a thick, sticky, resinous substance made up of cannabinoids, such as THC and CBD. It is obtained by separating the resins from cannabis flowers using a solvent extraction process. Cannabis oil is not only the most concentrated form of cannabis, but also the most potent. In other words, it does the job and can be found at any dispensary in Colorado.
What is the Punishment Range for Possession of Cannabis Oil in Texas?
This marijuana derivative is a controlled substance in Texas, falling into penalty group 2. For example, possess less than a gram and face up to two years in a state jail facility and up to a $10,000 fine. Possess more than one gram and face the possibility of a third-degree felony, up to ten years in prison and up to a $10,000 fine. Possess more than four grams and face the possibility of a second-degree felony, up to 20 years in prison and up to a $10,000 fine.
So if you find yourself in Colorado to hit the slopes, take in a Broncos game or add twenty-five yards to your driver, make sure what happens there stays there.
See Texas Health & Safety Code Section 481.002(26), 481.103, and 481.1031.
Texas DWI Conditions: Interlock and SCRAM
Texas DWI Bail, Diversion, and Probation Conditions: Interlock and SCRAM
If you are arrested or convicted of driving while intoxicated you may have to come to grips with an interlock or SCRAM (Secure Continuous Remote Alcohol Monitor). The following are examples of Texas DWI conditions of bail, intervention programs, and probation that may require you to install an interlock or SCRAM, including a description of each and costs associated.
Interlock or SCRAM as a Condition of DWI Bail
Depending on the Texas county you are arrested in and the criminal court you are assigned, if this is your first intoxication offense, you may be required to install an interlock device as a condition of your DWI. In Harris County some judges require the interlock device as a condition of pre-trial release, others require it only if your blood alcohol level comes back at 0.15 or higher, and others do not require it at all. If you have previously been convicted of an intoxication offense Tex. Code of Crim. Proc. Art. 17.441 requires the installation of an interlock if the installation is in the best interest of justice.
Texas DWI Lawyer Practice Tip: courts generally find installation of the device is in the best interest of justice.
Interlock or SCRAM as a Condition of DWI Pre-Trial Intervention
Many counties offer pre-trial intervention or diversion programs for first time DWI offenders. Once upon a time staying out of trouble was all it took to complete the diversion program and have your case dismissed. Today, diversion programs resemble probation with the interlock, SCRAM or both conditions of the program.
Interlock or SCRAM as a Condition of DWI Probation
If the court finds you guilty, sentences you, but suspends your sentence and places you on DWI probation your conditions will include the interlock, SCRAM, or both. The difference in the aforementioned pre-trial intervention and probation is probation acts as a final conviction that cannot be expunged.
Texas DWI Lawyer Practice Tip: if you fail to successfully complete the terms of your probation, a motion to revoke probation may be filed and the court can sentence you up to the maximum punishment range for the charged offense.
Texas DWI Lawyer Practice Tip: Clients often ask if deferred adjudication is an option for DWI. Deferred adjudication is not a lawful option for intoxication offenses in Texas. Deferred adjudication falls between pre-trial diversion and probation in that the court finds you guilty, but defers the finding of guilt. A deferred adjudication cannot be expunged but can be blocked from the public through what is known as a non-disclosure.
Interlock or SCRAM as a Conditon of an Administrative License Suspension (ALR)
In Texas if you apply for a driver’s license you consent (implied) to provide a specimen of your breath or blood if you suspected of driving while intoxicated. A refusal to provide a specimen may result in your license being suspended by the Texas Department of Public Safety. If suspended, you may be eligible for an occupational license. Interlock devices are often required before the court will grant such a license.
What is the Interlock?
The interlock is a portable breathalyzer that attaches to your vehicle under the dash. At one end is a blow tube and at the other end is a cord that runs under your dash. The device is installed into the ignition system of your car. In order for your car to start, you are required to provide a breath sample. Every 5 to 30 minutes you may be asked to give an additional breath sample. Hence the term “blow and go.” Most devices now have cameras attached to confirm you are the person blowing into the tube. The data from the device is pulled when you have the device calibrated at a scheduled time and location.
What is the SCRAM?
The SCRAM is an ankle bracelet that communicates through a modem connected to a monitoring station. Hourly the apparatus tests for the presence of alcohol through the person’s perspiration. If alcohol is detected the SCRAM device will test every thrity minutes. Additionally the SCRAM has a sensor designed to report any tampering with the device.
Both the Interlock and SCRAM are not without issues of their own, having mistaken many everyday household products as drinking alcohol.
What is the cost for an Interlock or SCRAM device?
The monthly cost for each device is expensive approximately:
Interlock = $59-$90 a month
SCRAM = $435 a month (yes, $435 a month)
Interlock providers include EZ Interlock, Intoxalock, Smart Start, and LifeSaver. As expected the reviews for the providers are relatively low, with EZ being the highest per Google at 3 out of 5 stars.
If you are required to obtain an interlock or SCRAM it is important you pay close attention to the instructions and do not use alcohol or even alcohol based products such as mouth wash that can cause false positives. Doing so can result in your bond being revoked, your probation being revoked, or your pre-trial diversion being terminated.
Playing the Odds: Why Every Family Should Have a Criminal Attorney on Speed Dial
You are a parent.
You take zero chances.
Your staff includes private tutors and coaches.
It includes insurance agents and doctors.
It should also include a criminal defense attorney.
“We don’t need a family criminal lawyer; we aren’t criminals.”
Statistics from the National Survey of Youth show there is a 1 in 3 chance your child is arrested before age twenty-three. A startling and rather unspoken truth. Adolescent arrests have grown as a result of tough on crime legislation, harsh sentences, and an increase in government spending and police forces.
Today, everything is a crime. What you once knew as a slap on the wrists (a crime) is now a slap in cuffs. Rivalry week pranks are a crime. After school fights are a crime. The senior courting the sophomore can be a crime. The teacher your son daydreams of is now not only attainable but also a crime. Yes, your high school is a far cry from your teenager’s high school. So while the private coach trains your Olympic-bound child (1 in 662,000 chance) or the private tutor prepares your prodigy child for that perfect ACT score (1 in 14,000 chance), your family’s odds of needing a criminal defense attorney is significantly higher (1 in 3 chance).
“. . . but not my kid.”
Hopefully not, but honeymooners aren’t thinking about divorce (1 in 2 chance) either. The law, particularly criminal law, is intimidating. Public perception reserves criminal courtrooms for the nation’s bottom-feeders. However, step inside the criminal courthouse and you will see a different story. You will find people who are lost; angry and defiant people; people who suffer from mental disabilities; victims of physical and mental abuse; people with hidden drug and alcohol addictions; people who found themselves in the wrong place at the wrong time; and people with solid homes and good families. Sound Familiar?
A teenager’s struggle is real and adding to it is the criminal injustice justice system. A flawed system where lawmakers, officers, judges, prosecutors, and defense attorneys have all been guilty at times of getting it wrong and doing it wrong.
This hard reality led Lisa Green, author of “On Your Case: A Compassionate (and Only Slightly Bossy) Legal Guide for Every Stage of a Woman’s Life,” to emphasize the need for every parent of a teen to have a criminal defense attorney on speed dial. Legal insurance to protect children and parents who can be held civilly and criminally liable should the unexpected occur.
“If something comes up, it won’t, but if it does, I’ll find a local criminal defense attorney.”
You won’t have time. Suspected of unlawful activity, within seconds your child is whisked away to the principle’s office. There police officers and school officials wait. Cell phones are confiscated, backpacks are searched, and statements are made. Your teen’s constitutional rights ignored waived when they should have been protected. Protection in the form of preparation. Preparation by spending the time to find a trusted criminal attorney capable of educating your family on life-altering encounters with authorities.
“Okay, well I’ll just Google my question.”
You won’t have time, but let’s assume you did. When your teen needs medical attention, you call your doctor. Sure, you may check out WebMD (1 in 3 chance of being correct), with the caveat a qualified doctor is necessary to diagnosis, treat, and in serious instances save. If your teenager finds himself in a legal jam, Google equals not an attorney. Most legal information is not only vague but incorrect, written by second-year employees at John Doe Web Design, hung-over from last night’s “bro-fest.” Instead, your family criminal attorney can quickly diagnosis, treat, and in serious instances save you and your family.
You are a parent.
You take zero chances.
Your staff includes private tutors and coaches.
It includes insurance agents and doctors.
It should also include a criminal defense attorney.
If not, may the odds be forever in your favor.
Fumbling the War on Drugs: The Unintentional Decriminalization of Drug Crimes.
With the 2016-17 football season approaching, Texas defense attorneys and prosecutors alike are scrambling to recover lawmakers recent fumble.
It’s no secret, legislatures had successfully reigned down on drug crimes. Penalty groups were expanded, punishments were enhanced, and sentences were lengthened. Capitol Hill in Austin acquired all the firepower needed to defeat Texas’ war on drugs.
Then along came a new and serious threat to the peace and dignity of the State. This threat was dangerous. It was underpunished. It was playing for the other team. It was synthetic drugs.
To stiffen punishment on these designer psychedelics (not listed in the Texas Controlled Substance Act) the lawmakers pushed a new subsection (d) to the Texas Health & Safety Code Section 481.103. The updated playbook would exclude some Federal Drug Administration (FDA) approved substances from Penalty Group 2 (PG2) (one of four primary drug penalty groups). The synthetic drugs would finally be penalized as felonies rather than misdemeanors. High-fives were exchanged as the bill rolled through the Senate, the House, and on to the Governor’s desk.
Game Over. So it was thought.
As the bill went to print, the plain language of the statute excluded all FDA approved substances from PG2. Amphetamine, lisexamfetamine, and dronabinol were a few of the substances listed in both Section 481.103 and the FDA, exempting drugs containing any quantity of those substances from felony prosecution. A hole, big enough for any criminal defense attorney to run through, opened. Prescription drugs like Adderall, Adderall RX, and Vyvanse contain amphetamines and lisexamfetamines. Street drugs like ecstasy, PCP, and speed have been known to contain amphetamines. Marijuana capsules and oils house dronabinol or delta-9-terahydrocannabinol (THC). Substances once playing under the bright lights of felony stadiums were demoted to outdated, empty misdemeanor fields, if at all. Prosecutors will argue Texas Health & Safety Code Section 481.119 applies, making it a misdemeanor offense to possess, manufacturer or deliver a miscellaneous substance not listed in a penalty group. Defense attorneys will argue, the substances are listed and specifically exempted. For now, it will be up to the courts to sort it out. For now, the pigskin is loose on crimnal courtroom floors across Texas.