SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 481.001 - Short Title
This chapter may be cited as the Texas Controlled Substances Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
- Texas Section 481.002 - Definitions
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...
SUBCHAPTER B SCHEDULES
- Texas Section 481.003 - Rules
(a) The director may adopt rules to administer and enforce this chapter, other than Sections 481.073, 481.074, 481.075, 481.076, and 481.0761. The board may adopt...
- Texas Section 481.031 - Nomenclature
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...
- Texas Section 481.032 - Schedules
(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...
- Texas Section 481.033 - Exclusion From Schedules And Application Of Act
(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...
- Texas Section 481.034 - Establishment And Modification Of Schedules By Commissioner
(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...
- Texas Section 481.035 - Findings
(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...
- Texas Section 481.0355 - Emergency Scheduling
(a) Except as otherwise provided by Subsection (b) and subject to Subsection (c), the commissioner may emergency schedule a substance as a controlled substance if...
- Texas Section 481.036 - Publication Of Schedules
(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...
SUBCHAPTER C REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSATION OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, AND CHEMICAL LABORATORY APPARATUS
- Texas Section 481.037 - Carisoprodol
Schedule IV includes carisoprodol. Added by Acts 2009, 81st Leg., R.S., Ch. 774 (S.B. 904), Sec. 4, eff. June 19, 2009. Text of section effective...
- Texas Section 481.061 - Registration Required
(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...
- Texas Section 481.061 - Federal Registration Required
(a) Except as otherwise provided by this chapter, a person who is not registered with or exempt from registration with the Federal Drug Enforcement Administration...
- Texas Section 481.062 - Exemptions
Sec. 481.062. EXEMPTIONS. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 2 Text of subsection effective until...
- Texas Section 481.0621 - Exceptions
(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....
- Texas Section 481.063 - Registration Application; Issuance Or Denial
(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...
- Texas Section 481.064 - Registration Fees
(a) Except as otherwise provided by Section 481.0645 for a physician licensed under Subtitle B, Title 3, Occupations Code, the director may charge a nonrefundable...
- Texas Section 481.0645 - Registration, Renewal, And Fees For Physicians
(a) The registration under this chapter of a physician licensed under Subtitle B, Title 3, Occupations Code, is valid for a period of not less...
- Texas Section 481.065 - Authorization For Certain Activities
(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...
- Texas Section 481.066 - Voluntary Surrender, Cancellation, Suspension, Probation, Or Revocation Of Registration
(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...
- Texas Section 481.067 - Records
Sec. 481.067. RECORDS. Text of subsection effective until September 01, 2016 (a) A person who is registered to manufacture, distribute, analyze, or dispense a controlled...
- Texas Section 481.068 - Confidentiality
(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...
- Texas Section 481.069 - Order Forms
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...
- Texas Section 481.070 - Administering Or Dispensing Schedule I Controlled Substance
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....
- Texas Section 481.071 - Medical Purpose Required Before Prescribing, Dispensing, Delivering, Or Administering Controlled Substance
(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...
- Texas Section 481.072 - Medical Purpose Required Before Distributing Or Dispensing Schedule V Controlled Substance
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....
- Texas Section 481.073 - Communication Of Prescriptions By Agent
Sec. 481.073. COMMUNICATION OF PRESCRIPTIONS BY AGENT. Text of subsection effective until September 01, 2016 (a) Only a practitioner defined by Section 481.002(39)(A) and an...
- Texas Section 481.074 - Prescriptions
(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...
- Texas Section 481.075 - Official Prescription Program
(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...
- Texas Section 481.076 - Official Prescription Information
(a) The director may not permit any person to have access to information submitted to the director under Section 481.074(q) or 481.075 except: (1) an...
- Texas Section 481.076 - Official Prescription Information; Duties Of Texas State Board Of Pharmacy
(a) The board may not permit any person to have access to information submitted to the board under Section 481.074(q) or 481.075 except: (1) an...
- Texas Section 481.0761 - Rules; Authority To Contract
(a) The board shall by rule establish and revise as necessary a standardized database format that may be used by a pharmacy to transmit the...
- Texas Section 481.077 - Chemical Precursor Records And Reports
(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...
- Texas Section 481.0771 - Records And Reports On Pseudoephedrine
(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,...
- Texas Section 481.078 - Chemical Precursor Transfer Permit
(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...
- Texas Section 481.080 - Chemical Laboratory Apparatus Record-keeping Requirements And Penalties
(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...
SUBCHAPTER D OFFENSES AND PENALTIES
- Texas Section 481.081 - Chemical Laboratory Apparatus Transfer Permit
(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...
- Texas Section 481.101 - Criminal Classification
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,...
- Texas Section 481.102 - Penalty Group 1
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,...
- Texas Section 481.1021 - Penalty Group 1-a
(a) Penalty Group 1-A consists of: (1) lysergic acid diethylamide (LSD), including its salts, isomers, and salts of isomers; and (2) compounds structurally derived from...
- Texas Section 481.103 - Penalty Group 2
(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...
- Texas Section 481.1031 - Penalty Group 2-a
(a) In this section: (1) "Core component" is one of the following: azaindole, benzimidazole, benzothiazole, carbazole, imidazole, indane, indazole, indene, indole, pyrazole, pyrazolopyridine, pyridine, or...
- Texas Section 481.104 - Penalty Group 3
(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...
- Texas Section 481.105 - Penalty Group 4
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...
- Texas Section 481.106 - Classification Of Controlled Substance Analogue
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,...
- Texas Section 481.108 - Preparatory Offenses
Title 4, Penal Code, applies to an offense under this chapter. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by...
- Texas Section 481.111 - Exemptions
(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...
- Texas Section 481.112 - Offense: Manufacture Or Delivery Of Substance In Penalty Group 1
(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...
- Texas Section 481.1121 - Offense: Manufacture Or Delivery Of Substance In Penalty Group 1-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...
- Texas Section 481.1122 - Manufacture Of Substance In Penalty Group 1: Presence Of Child
If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when...
- Texas Section 481.113 - Offense: Manufacture Or Delivery Of Substance In Penalty Group 2 Or 2-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...
- Texas Section 481.114 - Offense: Manufacture Or Delivery Of Substance In Penalty Group 3 Or 4
(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...
- Texas Section 481.115 - Offense: Possession Of Substance In Penalty Group 1
(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...
- Texas Section 481.1151 - Offense: Possession Of Substance In Penalty Group 1-a
(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....
- Texas Section 481.116 - Offense: Possession Of Substance In Penalty Group 2
(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...
- Texas Section 481.1161 - Offense: Possession Of Substance In Penalty Group 2-a
(a) Except as authorized by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 2-A,...
- Texas Section 481.117 - Offense: Possession Of Substance In Penalty Group 3
(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...
- Texas Section 481.118 - Offense: Possession Of Substance In Penalty Group 4
(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...
- Texas Section 481.119 - Offense: Manufacture, Delivery, Or Possession Of Miscellaneous Substances
(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...
- Texas Section 481.120 - Offense: Delivery Of Marihuana
(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...
- Texas Section 481.121 - Offense: Possession Of Marihuana
(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)...
- Texas Section 481.122 - Offense: Delivery Of Controlled Substance Or Marihuana To Child
(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...
- Texas Section 481.123 - Defense To Prosecution For Offense Involving Controlled Substance Analogue
(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...
- Texas Section 481.124 - Offense: Possession Or Transport Of Certain Chemicals With Intent To Manufacture 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...
- Texas Section 481.1245 - Offense: Possession Or Transport Of Anhydrous Ammonia; Use Of Or Tampering With Equipment
(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...
- Texas Section 481.125 - Offense: Possession Or Delivery Of Drug Paraphernalia
(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,...
- Texas Section 481.126 - Offense: Illegal Barter, Expenditure, Or Investment
(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...
- Texas Section 481.127 - Offense: Unauthorized Disclosure Of Information
Sec. 481.127. OFFENSE: UNAUTHORIZED DISCLOSURE OF INFORMATION. Text of subsection effective until September 01, 2016 (a) A person commits an offense if the person knowingly...
- Texas Section 481.128 - Offense And Civil Penalty: Commercial Matters
Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL MATTERS. Text of subsection effective until September 01, 2016 (a) A registrant or dispenser commits an offense if...
- Texas Section 481.1285 - Offense: Diversion Of Controlled Substance By Registrants, Dispensers, And Certain Other Persons
(a) This section applies only to a registrant, a dispenser, or a person who, pursuant to Section 481.062(a)(1) or (2), is not required to register...
- Texas Section 481.129 - Offense: Fraud
Sec. 481.129. OFFENSE: FRAUD. Text of subsection effective until September 01, 2016 (a) A person commits an offense if the person knowingly: (1) distributes as...
- Texas Section 481.130 - Penalties Under Other Law
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...
- Texas Section 481.131 - Offense: Diversion Of Controlled Substance Property Or Plant
(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...
- Texas Section 481.132 - Multiple Prosecutions
(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...
- Texas Section 481.133 - Offense: Falsification Of Drug Test Results
(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...
- Texas Section 481.134 - Drug-free Zones
(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...
- Texas Section 481.135 - Maps As Evidence Of Location Or Area
(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...
- Texas Section 481.136 - Offense: Unlawful Transfer Or Receipt Of Chemical Precursor
(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)...
- Texas Section 481.137 - Offense: Transfer Of Precursor Substance For Unlawful Manufacture
(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...
- Texas Section 481.138 - Offense: Unlawful Transfer Or Receipt Of Chemical Laboratory Apparatus
(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:...
- Texas Section 481.139 - Offense: Transfer Of Chemical Laboratory Apparatus For Unlawful Manufacture
(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...
- Texas Section 481.140 - Use Of Child In Commission Of Offense
(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...
SUBCHAPTER E FORFEITURE
- Texas Section 481.141 - Manufacture Or Delivery Of Controlled Substance Causing Death Or Serious Bodily Injury
(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...
- Texas Section 481.151 - Definitions
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...
- Texas Section 481.152 - Seizure, Summary Forfeiture, And Summary Destruction Of Controlled Substance Plants
(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...
- Texas Section 481.153 - Seizure, Summary Forfeiture, And Summary Destruction Of Controlled Substance Property
(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....
- Texas Section 481.154 - Rules
(a) The director may adopt reasonable rules and procedures, not inconsistent with the provisions of this chapter, concerning: (1) summary forfeiture and summary destruction of...
- Texas Section 481.159 - Disposition Of Controlled Substance Property Or Plant
Sec. 481.159. DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY OR PLANT. Text of subsection effective until September 01, 2016 (a) If a district court orders the forfeiture...
SUBCHAPTER F INSPECTIONS, EVIDENCE, AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS
- Texas Section 481.160 - Destruction Of Excess Quantities
(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...
- Texas Section 481.181 - Inspections
(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,...
- Texas Section 481.182 - Evidentiary Rules Relating To Offer Of Delivery
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...
- Texas Section 481.183 - Evidentiary Rules Relating To Drug Paraphernalia
(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...
- Texas Section 481.184 - Burden Of Proof; Liabilities
(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...
- Texas Section 481.185 - Arrest Reports
(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...
SUBCHAPTER G THERAPEUTIC RESEARCH PROGRAM
- Texas Section 481.186 - Cooperative Arrangements
(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...
- Texas Section 481.201 - Research Program; Review Board
(a) The executive commissioner may establish a controlled substance therapeutic research program for the supervised use of tetrahydrocannabinols for medical and research purposes to be...
- Texas Section 481.202 - Review Board Powers And Duties
(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...
- Texas Section 481.203 - Patient Participation
(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...
- Texas Section 481.204 - Acquisition And Distribution Of Controlled Substances
(a) The executive commissioner shall acquire the tetrahydrocannabinols and their derivatives for use in the research program by contracting with the National Institute on Drug...
SUBCHAPTER H ADMINISTRATIVE PENALTY
- Texas Section 481.205 - Rules; Reports
(a) The executive commissioner shall adopt rules necessary for implementing the research program. (b) If the executive commissioner establishes a program under this subchapter, the...
- Texas Section 481.301 - Imposition Of Penalty
The department may impose an administrative penalty on a person who violates Section 481.061, 481.066, 481.067, 481.069, 481.074, 481.075, 481.077, 481.0771, 481.078, 481.080, or 481.081...
- Texas Section 481.301 - Imposition Of Penalty
The department may impose an administrative penalty on a person who violates Section 481.067, 481.077, 481.0771, 481.078, 481.080, or 481.081 or a rule or order...
- Texas Section 481.302 - Amount Of Penalty
(a) The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation...
- Texas Section 481.303 - Report And Notice Of Violation And Penalty
(a) If the department initially determines that a violation occurred, the department shall give written notice of the report to the person by certified mail,...
- Texas Section 481.304 - Penalty To Be Paid Or Informal Hearing Requested
(a) Before the 21st day after the date the person receives notice under Section 481.303, the person in writing may: (1) accept the determination and...
- Texas Section 481.305 - Formal Hearing
(a) The person may request a formal hearing only after participating in an informal hearing. (b) The request must be submitted in writing and received...
- Texas Section 481.306 - Decision
(a) Based on the findings of fact, conclusions of law, and proposal for a decision, the director by order may: (1) find that a violation...
- Texas Section 481.307 - Options Following Decision: Pay Or Appeal
Before the 31st day after the date the order under Section 481.306 that imposes an administrative penalty becomes final, the person shall: (1) pay the...
- Texas Section 481.308 - Stay Of Enforcement Of Penalty
(a) Within the period prescribed by Section 481.307, a person who files a petition for judicial review may: (1) stay enforcement of the penalty by:...
- Texas Section 481.309 - Collection Of Penalty
(a) If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) The...
- Texas Section 481.310 - Decision By Court
(a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the...
- Texas Section 481.311 - Remittance Of Penalty And Interest
(a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court,...
- Texas Section 481.312 - Release Of Bond
(a) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment...
- Texas Section 481.313 - Administrative Procedure
A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 2007, 80th Leg., R.S.,...
SUBCHAPTER I INTERAGENCY PRESCRIPTION MONITORING WORK GROUP
- Texas Section 481.314 - Disposition Of Penalty
The department shall send any amount collected as a penalty under this subchapter to the comptroller for deposit to the credit of the general revenue...
- Texas Section 481.351 - Interagency Prescription Monitoring Work Group
The interagency prescription monitoring work group is created to evaluate the effectiveness of prescription monitoring under this chapter and offer recommendations to improve the effectiveness...
- Texas Section 481.352 - Members
The work group is composed of: (1) the executive director of the board or the executive director's designee, who serves as chair of the work...
- Texas Section 481.353 - Meetings
(a) The work group shall meet at least quarterly. (b) The work group is subject to Chapter 551, Government Code. (c) The work group shall...
- Texas Section 481.354 - Report
Not later than December 1 of each even-numbered year, the work group shall submit to the legislature its recommendations relating to prescription monitoring. Added by...