Ex Parte Wilson

Phentermine is a rather innocuous stimulant prescribed as an appetite suppressant in treating obesity. Being unable to subscribe to the anomalism of possession of phentermine carrying a misdemeanor penalty one season, going without any penalty whatsoever during another and then being upgraded to a second degree felony offense in the present season — the latter two changes made without direct legislative enactment 1 — I must respectfully dissent to all but the result.

From the time the Legislature of Texas first proscribed possessing “any drug that bears the legend: ‘Caution: federal law…