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Texas Health & Safety Code - Chapter 481 Texas Controlled Substances ActLegal Research Home > Texas Laws > Health & Safety Code > Texas Health & Safety Code - Chapter 481 Texas Controlled Substances Act This chapter may be cited as the Texas Controlled Substances Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ... In this chapter: (1) "Administer" means to directly apply a controlled substance by injection, inhalation, ingestion, or other means to the body of a patient ... (a) The director may adopt rules to administer and enforce this chapter. (b) The director by rule shall prohibit a person in this state, including ... Controlled substances listed in Schedules I through V and Penalty Groups 1 through 4 are included by whatever official, common, usual, chemical, or trade name ... (a) The commissioner shall establish and modify the following schedules of controlled substances under this subchapter: Schedule I, Schedule II, Schedule III, Schedule IV, and ... (a) A nonnarcotic substance is excluded from Schedules I through V if the substance may lawfully be sold over the counter without a prescription, under ... (a) The commissioner shall annually establish the schedules of controlled substances. These annual schedules shall include the complete list of all controlled substances from the ... (a) The commissioner shall place a substance in Schedule I if the commissioner finds that the substance: (1) has a high potential for abuse; and ... (a) The commissioner shall publish the schedules by filing a certified copy of the schedules with the secretary of state for publication in the Texas ... (a) Except as otherwise provided by this chapter, a person who is not a registrant may not manufacture, distribute, prescribe, possess, analyze, or dispense a ... (a) The following persons are not required to register and may possess a controlled substance under this chapter: (1) an agent or employee of a ... (a) This subchapter does not apply to an educational or research program of a school district or a public or private institution of higher education. ... (a) The director may refuse to issue a registration to a person to manufacture, distribute, analyze, or conduct research with a controlled substance if the ... (a) The director may charge a nonrefundable fee of not more than $25 before processing an application for annual registration. The director by rule shall ... (a) The director may authorize the possession, distribution, planting, and cultivation of controlled substances by a person engaged in research, training animals to detect controlled ... (a) The director may accept a voluntary surrender of a registration. (b) The director may cancel, suspend, or revoke a registration, place on probation a ... (a) A person who is registered to manufacture, distribute, analyze, or dispense a controlled substance shall keep records and maintain inventories in compliance with recordkeeping ... (a) The director may authorize a person engaged in research on the use and effects of a controlled substance to withhold the names and other ... A registrant may not distribute or order a controlled substance listed in Schedule I or II to or from another registrant except under an order ... Except as permitted by this chapter, a person may not administer or dispense a controlled substance listed in Schedule I. Acts 1989, 71st Leg., ch. ... (a) A practitioner defined by Section 481.002(39)(A) may not prescribe, dispense, deliver, or administer a controlled substance or cause a controlled substance to be administered ... A person may not distribute or dispense a controlled substance listed in Schedule V except for a valid medical purpose. Acts 1989, 71st Leg., ch. ... (a) Only a practitioner defined by Section 481.002(39)(A) and an agent designated in writing by the practitioner in accordance with rules adopted by the department ... (a) A pharmacist may not: (1) dispense or deliver a controlled substance or cause a controlled substance to be dispensed or delivered under the pharmacist's ... (a) A practitioner who prescribes a controlled substance listed in Schedule II shall, except as provided by rule adopted under Section 481.0761, record the prescription ... (a) The director may not permit any person to have access to information submitted to the director under Section 481.075 except: (1) an investigator for ... (a) The director shall consult with the Texas State Board of Pharmacy and by rule establish and revise as necessary a standardized database format that ... (a) Except as provided by Subsection (l), a person who sells, transfers, or otherwise furnishes a chemical precursor to another person shall make an accurate ... (a) A wholesaler who sells, transfers, or otherwise furnishes a product containing ephedrine, pseudoephedrine, or norpseudoephedrine to a retailer shall: (1) before delivering the product, ... (a) A person must obtain a chemical precursor transfer permit from the department to be eligible: (1) to sell, transfer, or otherwise furnish a chemical ... (a) A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes a chemical laboratory apparatus shall make an accurate and legible record ... (a) A person must obtain a chemical laboratory apparatus transfer permit from the department to be eligible: (1) to sell, transfer, or otherwise furnish an ... For the purpose of establishing criminal penalties for violations of this chapter, controlled substances, including a material, compound, mixture, or preparation containing the controlled substance, ... Penalty Group 1 consists of: (1) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, ... Penalty Group 1-A consists of lysergic acid diethylamide (LSD), including its salts, isomers, and salts of isomers. Added by Acts 1997, 75th Leg., ch. 745, ... (a) Penalty Group 2 consists of: (1) any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, if ... (a) Penalty Group 3 consists of: (1) a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for ... Penalty Group 4 consists of: (1) a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that includes one or ... For the purposes of the prosecution of an offense under this subchapter involving the manufacture, delivery, or possession of a controlled substance, Penalty Groups 1, ... Title 4, Penal Code, applies to an offense under this chapter. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by ... (a) The provisions of this chapter relating to the possession and distribution of peyote do not apply to the use of peyote by a member ... (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a ... (a) Except as provided by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a ... (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a ... (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a ... (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty ... (a) Except as provided by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 1-A. ... (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty ... (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty ... (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty ... (a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule ... (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana. (b) An offense under Subsection ... (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) ... (a) A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or knowingly ... (a) It is an affirmative defense to the prosecution of an offense under this subchapter involving the manufacture, delivery, or possession of a controlled substance ... (a) A person commits an offense if, with intent to unlawfully manufacture a controlled substance, the person possesses or transports: (1) anhydrous ammonia; (2) an ... (a) A person commits an offense if the person: (1) possesses or transports anhydrous ammonia in a container or receptacle that is not designed or ... (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, ... (a) A person commits an offense if the person: (1) barters property or expends funds the person knows are derived from the commission of an ... (a) A person commits an offense if the person knowingly gives, permits, or obtains unauthorized access to information submitted to the director under Section 481.075. ... (a) A registrant or dispenser commits an offense if the registrant or dispenser knowingly: (1) distributes, delivers, administers, or dispenses a controlled substance in violation ... (a) A person commits an offense if the person knowingly: (1) distributes as a registrant or dispenser a controlled substance listed in Schedule I or ... A penalty imposed for an offense under this chapter is in addition to any civil or administrative penalty or other sanction imposed by law. Acts ... (a) A person commits an offense if the person intentionally or knowingly: (1) converts to the person's own use or benefit a controlled substance property ... (a) In this section, "criminal episode" means the commission of two or more offenses under this chapter under the following circumstances: (1) the offenses are ... (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use any substance or device designed to ... (a) In this section: (1) "Minor" means a person who is younger than 18 years of age. (2) "Institution of higher education" means any public ... (a) In a prosecution under Section 481.134, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location ... (a) A person commits an offense if the person sells, transfers, furnishes, or receives a chemical precursor subject to Section 481.077(a) and the person: (1) ... (a) A person commits an offense if the person sells, transfers, or otherwise furnishes a chemical precursor subject to Section 481.077(a) with the knowledge or ... (a) A person commits an offense if the person sells, transfers, furnishes, or receives a chemical laboratory apparatus subject to Section 481.080(a) and the person: ... (a) A person commits an offense if the person sells, transfers, or otherwise furnishes a chemical laboratory apparatus with the knowledge or intent that the ... (a) If it is shown at the punishment phase of the trial of an offense otherwise punishable as a state jail felony, felony of the ... (a) If at the guilt or innocence phase of the trial of an offense described by Subsection (b), the judge or jury, whichever is the ... In this subchapter: (1) "Controlled substance property" means a controlled substance, mixture containing a controlled substance, controlled substance analogue, counterfeit controlled substance, drug paraphernalia, chemical ... (a) Controlled substance plants are subject to seizure and summary forfeiture to the state if: (1) the plants have been planted, cultivated, or harvested in ... (a) Controlled substance property that is manufactured, delivered, or possessed in violation of this chapter is subject to seizure and summary forfeiture to the state. ... (a) The director may adopt reasonable rules and procedures, not inconsistent with the provisions of this chapter, concerning: (1) summary forfeiture and destruction of controlled ... (a) If a district court orders the forfeiture of a controlled substance property or plant under Chapter 59, Code of Criminal Procedure, or under this ... (a) If a controlled substance property or plant is forfeited under this code or under Chapter 59, Code of Criminal Procedure, the law enforcement agency ... (a) The director may enter controlled premises at any reasonable time and inspect the premises and items described by Subsection (b) in order to inspect, ... For the purpose of establishing a delivery under this chapter, proof of an offer to sell must be corroborated by: (1) a person other than ... (a) In considering whether an item is drug paraphernalia under this chapter, a court or other authority shall consider, in addition to all other logically ... (a) The state is not required to negate an exemption or exception provided by this chapter in a complaint, information, indictment, or other pleading or ... (a) Each law enforcement agency in this state shall file monthly with the director a report of all arrests made for drug offenses and quantities ... (a) The director shall cooperate with federal and state agencies in discharging the director's responsibilities concerning traffic in controlled substances and in suppressing the abuse ... (a) The Texas Board of Health may establish a controlled substance therapeutic research program for the supervised use of tetrahydrocannabinols for medical and research purposes ... (a) The review board shall review research proposals submitted and medical case histories of persons recommended for participation in a research program and determine which ... (a) A person may not be considered for participation as a recipient of tetrahydrocannabinols and their derivatives through a research program unless the person is ... (a) The Texas Board of Health shall acquire the tetrahydrocannabinols and their derivatives for use in the research program by contracting with the National Institute ... (a) The Texas Board of Health shall adopt rules necessary for implementing the research program. (b) If the Texas Board of Health establishes a program ... Last modified: August 11, 2007 |
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