Ex Parte Charles

I concur with the opinions of Judges Dally and Clinton. I write in response to the *838dissenting opinion, so that readers may not be led astray by two of its assertions.

The dissenting opinion asserts that an allegation that a drug is prohibited to be dispensed without a prescription is equivalent in meaning to an allegation that a drug bears the federal legend. This is incorrect, for some drugs which do not bear the federal legend are prohibited by our state law from being dispensed without a prescription. See Sections 2.07(b)(1) & (2) and 3.08(d) of the Texas Controlled Substances Act…