Health and Safety Code
SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES
CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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 or research subject by:
(A) a practitioner or an agent of the practitioner in
the presence of the practitioner; or
(B) the patient or research subject at the direction and
in the presence of a practitioner.
(2) "Agent" means an authorized person who acts on behalf of
or at the direction of a manufacturer, distributor, or
dispenser. The term does not include a common or contract
carrier, public warehouseman, or employee of a carrier or
warehouseman acting in the usual and lawful course of
employment.
(3) "Commissioner" means the commissioner of public health
or the commissioner's designee.
(4) "Controlled premises" means:
(A) a place where original or other records or documents
required under this chapter are kept or are required to be
kept; or
(B) a place, including a factory, warehouse, other
establishment, or conveyance, where a person registered
under this chapter may lawfully hold, manufacture,
distribute, dispense, administer, possess, or otherwise
dispose of a controlled substance or other item governed by
this chapter, including a chemical precursor and a chemical
laboratory apparatus.
(5) "Controlled substance" means a substance, including a
drug, an adulterant, a dilutant, and an immediate precursor,
listed in Schedules I through V or Penalty Groups 1, 1-A, or 2
through 4. The term includes the aggregate weight of any
mixture, solution, or other substance containing a controlled
substance.
(6) "Controlled substance analogue" means:
(A) a substance with a chemical structure substantially
similar to the chemical structure of a controlled substance
in Schedule I or II or Penalty Group 1, 1-A, or 2; or
(B) a substance specifically designed to produce an
effect substantially similar to, or greater than, the effect
of a controlled substance in Schedule I or II or Penalty
Group 1, 1-A, or 2.
(7) "Counterfeit substance" means a controlled substance
that, without authorization, bears or is in a container or has
a label that bears an actual or simulated trademark, trade
name, or other identifying mark, imprint, number, or device of
a manufacturer, distributor, or dispenser other than the person
who in fact manufactured, distributed, or dispensed the
substance.
(8) "Deliver" means to transfer, actually or constructively,
to another a controlled substance, counterfeit substance, or
drug paraphernalia, regardless of whether there is an agency
relationship. The term includes offering to sell a controlled
substance, counterfeit substance, or drug paraphernalia.
(9) "Delivery" or "drug transaction" means the act of
delivering.
(10) "Designated agent" means an individual designated under
Section 481.073 to communicate a practitioner's instructions to
a pharmacist.
(11) "Director" means the director of the Department of
Public Safety or an employee of the department designated by
the director.
(12) "Dispense" means the delivery of a controlled substance
in the course of professional practice or research, by a
practitioner or person acting under the lawful order of a
practitioner, to an ultimate user or research subject. The
term includes the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for
delivery.
(13) "Dispenser" means a practitioner, institutional
practitioner, pharmacist, or pharmacy that dispenses a
controlled substance.
(14) "Distribute" means to deliver a controlled substance
other than by administering or dispensing the substance.
(15) "Distributor" means a person who distributes.
(16) "Drug" means a substance, other than a device or a
component, part, or accessory of a device, that is:
(A) recognized as a drug in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the
United States, official National Formulary, or a supplement
to either pharmacopoeia or the formulary;
(B) intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals;
(C) intended to affect the structure or function of the
body of man or animals but is not food; or
(D) intended for use as a component of a substance
described by Paragraph (A), (B), or (C).
(17) "Drug paraphernalia" means equipment, a product, or
material that is used or intended for use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing,
containing, or concealing a controlled substance in violation
of this chapter or in injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled
substance in violation of this chapter. The term includes:
(A) a kit used or intended for use in planting,
propagating, cultivating, growing, or harvesting a species
of plant that is a controlled substance or from which a
controlled substance may be derived;
(B) a material, compound, mixture, preparation, or kit
used or intended for use in manufacturing, compounding,
converting, producing, processing, or preparing a controlled
substance;
(C) an isomerization device used or intended for use in
increasing the potency of a species of plant that is a
controlled substance;
(D) testing equipment used or intended for use in
identifying or in analyzing the strength, effectiveness, or
purity of a controlled substance;
(E) a scale or balance used or intended for use in
weighing or measuring a controlled substance;
(F) a dilutant or adulterant, such as quinine
hydrochloride, mannitol, inositol, nicotinamide, dextrose,
lactose, or absorbent, blotter-type material, that is used
or intended to be used to increase the amount or weight of
or to transfer a controlled substance regardless of whether
the dilutant or adulterant diminishes the efficacy of the
controlled substance;
(G) a separation gin or sifter used or intended for use
in removing twigs and seeds from or in otherwise cleaning or
refining marihuana;
(H) a blender, bowl, container, spoon, or mixing device
used or intended for use in compounding a controlled
substance;
(I) a capsule, balloon, envelope, or other container
used or intended for use in packaging small quantities of a
controlled substance;
(J) a container or other object used or intended for use
in storing or concealing a controlled substance;
(K) a hypodermic syringe, needle, or other object used
or intended for use in parenterally injecting a controlled
substance into the human body; and
(L) an object used or intended for use in ingesting,
inhaling, or otherwise introducing marihuana, cocaine,
hashish, or hashish oil into the human body, including:
(i) a metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipe with or without a screen, permanent
screen, hashish head, or punctured metal bowl;
(ii) a water pipe;
(iii) a carburetion tube or device;
(iv) a smoking or carburetion mask;
(v) a chamber pipe;
(vi) a carburetor pipe;
(vii) an electric pipe;
(viii) an air-driven pipe;
(ix) a chillum;
(x) a bong; or
(xi) an ice pipe or chiller.
(18) "Federal Controlled Substances Act" means the Federal
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. Section 801 et seq.) or its successor statute.
(19) "Federal Drug Enforcement Administration" means the
Drug Enforcement Administration of the United States Department
of Justice or its successor agency.
(20) "Hospital" means:
(A) a general or special hospital as defined by Section
241.003 (Texas Hospital Licensing Law); or
(B) an ambulatory surgical center licensed by the Texas
Department of Health and approved by the federal government
to perform surgery paid by Medicaid on patients admitted for
a period of not more than 24 hours.
(21) "Human consumption" means the injection, inhalation,
ingestion, or application of a substance to or into a human
body.
(22) "Immediate precursor" means a substance the
commissioner finds to be and by rule designates as being:
(A) a principal compound commonly used or produced
primarily for use in the manufacture of a controlled
substance;
(B) a substance that is an immediate chemical
intermediary used or likely to be used in the manufacture of
a controlled substance; and
(C) a substance the control of which is necessary to
prevent, curtail, or limit the manufacture of a controlled
substance.
(23) "Institutional practitioner" means an intern, resident
physician, fellow, or person in an equivalent professional
position who:
(A) is not licensed by the appropriate state
professional licensing board;
(B) is enrolled in a bona fide professional training
program in a base hospital or institutional training
facility registered by the Federal Drug Enforcement
Administration; and
(C) is authorized by the base hospital or institutional
training facility to administer, dispense, or prescribe
controlled substances.
(24) "Lawful possession" means the possession of a
controlled substance that has been obtained in accordance with
state or federal law.
(25) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance other than marihuana, directly or
indirectly by extraction from substances of natural origin,
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes
the packaging or repackaging of the substance or labeling or
relabeling of its container. However, the term does not
include the preparation, compounding, packaging, or labeling of
a controlled substance:
(A) by a practitioner as an incident to the
practitioner's administering or dispensing a controlled
substance in the course of professional practice; or
(B) by a practitioner, or by an authorized agent under
the supervision of the practitioner, for or as an incident
to research, teaching, or chemical analysis and not for
delivery.
(26) "Marihuana" means the plant Cannabis sativa L., whether
growing or not, the seeds of that plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of that
plant or its seeds. The term does not include:
(A) the resin extracted from a part of the plant or a
compound, manufacture, salt, derivative, mixture, or
preparation of the resin;
(B) the mature stalks of the plant or fiber produced
from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks, fiber, oil, or cake; or
(E) the sterilized seeds of the plant that are incapable
of germination.
(27) "Medical purpose" means the use of a controlled
substance for relieving or curing a mental or physical disease
or infirmity.
(28) "Medication order" means an order from a practitioner
to dispense a drug to a patient in a hospital for immediate
administration while the patient is in the hospital or for
emergency use on the patient's release from the hospital.
(29) "Narcotic drug" means any of the following, produced
directly or indirectly by extraction from substances of
vegetable origin, independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
(A) opium and opiates, and a salt, compound, derivative,
or preparation of opium or opiates;
(B) a salt, compound, isomer, derivative, or preparation
of a salt, compound, isomer, or derivative that is
chemically equivalent or identical to a substance listed in
Paragraph (A) other than the isoquinoline alkaloids of
opium;
(C) opium poppy and poppy straw; or
(D) cocaine, including:
(i) its salts, its optical, position, or
geometric isomers, and the salts of those isomers;
(ii) coca leaves and a salt, compound,
derivative, or preparation of coca leaves; and
(iii) a salt, compound, derivative, or
preparation of a salt, compound, or derivative that is chemically
equivalent or identical to a substance described by Subparagraph
(i) or (ii), other than decocainized coca leaves or extractions
of coca leaves that do not contain cocaine or ecgonine.
(30) "Opiate" means a substance that has an
addiction-forming or addiction-sustaining liability similar to
morphine or is capable of conversion into a drug having
addiction-forming or addiction-sustaining liability. The term
includes its racemic and levorotatory forms. The term does not
include, unless specifically designated as controlled under
Subchapter B, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
(31) "Opium poppy" means the plant of the species Papaver
somniferum L., other than its seeds.
(32) "Patient" means a human for whom or an animal for which
a drug is administered, dispensed, delivered, or prescribed by
a practitioner.
(33) "Person" means an individual, corporation, government,
business trust, estate, trust, partnership, association, or any
other legal entity.
(34) "Pharmacist" means a person licensed by the Texas State
Board of Pharmacy to practice pharmacy and who acts as an agent
for a pharmacy.
(35) "Pharmacist-in-charge" means the pharmacist designated
on a pharmacy license as the pharmacist who has the authority
or responsibility for the pharmacy's compliance with this
chapter and other laws relating to pharmacy.
(36) "Pharmacy" means a facility licensed by the Texas State
Board of Pharmacy where a prescription for a controlled
substance is received or processed in accordance with state or
federal law.
(37) "Poppy straw" means all parts, other than the seeds, of
the opium poppy, after mowing.
(38) "Possession" means actual care, custody, control, or
management.
(39) "Practitioner" means:
(A) a physician, dentist, veterinarian, podiatrist,
scientific investigator, or other person licensed,
registered, or otherwise permitted to distribute, dispense,
analyze, conduct research with respect to, or administer a
controlled substance in the course of professional practice
or research in this state;
(B) a pharmacy, hospital, or other institution licensed,
registered, or otherwise permitted to distribute, dispense,
conduct research with respect to, or administer a controlled
substance in the course of professional practice or research
in this state; or
(C) a person practicing in and licensed by another state
as a physician, dentist, veterinarian, or podiatrist, having
a current Federal Drug Enforcement Administration
registration number, who may legally prescribe Schedule II,
III, IV, or V controlled substances in that state.
(40) "Prescribe" means the act of a practitioner to
authorize a controlled substance to be dispensed to an ultimate
user.
(41) "Prescription" means an order by a practitioner to a
pharmacist for a controlled substance for a particular patient
that specifies:
(A) the date of issue;
(B) the name and address of the patient or, if the
controlled substance is prescribed for an animal, the
species of the animal and the name and address of its owner;
(C) the name and quantity of the controlled substance
prescribed with the quantity shown numerically followed by
the number written as a word if the order is written or, if
the order is communicated orally or telephonically, with the
quantity given by the practitioner and transcribed by the
pharmacist numerically;
(D) directions for the use of the drug;
(E) the intended use of the drug unless the practitioner
determines the furnishing of this information is not in the
best interest of the patient; and
(F) the legibly printed or stamped name, address,
Federal Drug Enforcement Administration registration number,
and telephone number of the practitioner at the
practitioner's usual place of business.
(42) "Principal place of business" means a location where a
person manufactures, distributes, dispenses, analyzes, or
possesses a controlled substance. The term does not include a
location where a practitioner dispenses a controlled substance
on an outpatient basis unless the controlled substance is
stored at that location.
(43) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(44) "Raw material" means a compound, material, substance,
or equipment used or intended for use, alone or in any
combination, in manufacturing a controlled substance.
(45) "Registrant" means a person who is registered under
Section 481.063.
(46) "Substitution" means the dispensing of a drug or a
brand of drug other than that which is ordered or prescribed.
(47) "Official prescription form" means a prescription form
that contains the prescription information required by Section
481.075 and to which is affixed a prescription sticker.
(48) "Ultimate user" means a person who has lawfully
obtained and possesses a controlled substance for the person's
own use, for the use of a member of the person's household, or
for administering to an animal owned by the person or by a
member of the person's household.
(49) "Adulterant or dilutant" means any material that
increases the bulk or quantity of a controlled substance,
regardless of its effect on the chemical activity of the
controlled substance.
(50) "Abuse unit" means:
(A) except as provided by Paragraph (B):
(i) a single unit on or in any adulterant,
dilutant, or similar carrier medium, including marked or
perforated blotter paper, a tablet, gelatin wafer, sugar cube, or
stamp, or other medium that contains any amount of a controlled
substance listed in Penalty Group 1-A, if the unit is commonly
used in abuse of that substance; or
(ii) each quarter-inch square section of
paper, if the adulterant, dilutant, or carrier medium is paper
not marked or perforated into individual abuse units; or
(B) if the controlled substance is in liquid form, 40
micrograms of the controlled substance including any
adulterant or dilutant.
(51) "Patient identification number" means:
(A) a unique number assigned to the person by the
department or by an analogous department of another state
that appears on the person's driver's license or personal
identification certificate;
(B) the registration number assigned to the person under
Chapter 13, Election Code;
(C) a unique number assigned to the person by an agency
of the United States that appears on the person's social
security card, military identification card, passport, visa,
work permit, or other identification card;
(D) for a person younger than 18 years of age who has
not been issued a document described by Paragraph (A), (B),
or (C), the number assigned to the person's parent or
guardian that appears on a document described by those
paragraphs issued to that parent or guardian; or
(E) for an animal, the number assigned to the animal's
owner that appears on a document described by Paragraph (A),
(B), (C), or (D).
(52) "Department" means the Department of Public Safety.
(53) "Driver's license" has the meaning assigned that term
by Section 521.001, Transportation Code.
(54) "Personal identification certificate" means a
certificate issued under Subchapter E, Chapter 521,
Transportation Code.
(55) "Prescription sticker" means a prescription sticker
issued by the director under Section 481.075.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(b), eff.
Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 351, Sec. 27, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 789, Sec. 15, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 900, Sec. 2.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 745, Secs. 1, 2, eff. Jan. 1, 1998.
Sec. 481.003. Rules.
The director may adopt rules to administer and enforce this
chapter.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 3, eff. Jan. 1,
1998.
SUBCHAPTER B. SCHEDULES
Sec. 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 they may be designated.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1,
1998.
Sec. 481.032. Schedules.
(a) The commissioner shall establish and modify the following
schedules of controlled substances under this subchapter:
Schedule I, Schedule I-A, Schedule II, Schedule III, Schedule IV,
and Schedule V.
(b) A reference to a schedule in this chapter means the most
current version of the schedule established or altered by the
commissioner under this subchapter and published in the Texas
Register on or after January 1, 1998.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1,
1998.
Sec. 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 the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. Section 301 et seq.).
(b) The commissioner may not include in the schedules:
(1) a substance described by Subsection (a); or
(2) distilled spirits, wine, malt beverages, or tobacco.
(c) A compound, mixture, or preparation containing a stimulant
substance listed in Schedule II and having a potential for abuse
associated with a stimulant effect on the central nervous system
is excepted from the application of this chapter if the compound,
mixture, or preparation contains one or more active medicinal
ingredients not having a stimulant effect on the central nervous
system and if the admixtures are included in combinations,
quantity, proportions, or concentrations that vitiate the
potential for abuse of the substance having a stimulant effect on
the central nervous system.
(d) A compound, mixture, or preparation containing a depressant
substance listed in Schedule III or IV and having a potential for
abuse associated with a depressant effect on the central nervous
system is excepted from the application of this chapter if the
compound, mixture, or preparation contains one or more active
medicinal ingredients not having a depressant effect on the
central nervous system and if the admixtures are included in
combinations, quantity, proportions, or concentrations that
vitiate the potential for abuse of the substance having a
depressant effect on the central nervous system.
(e) A nonnarcotic prescription substance is exempted from
Schedules I through V and the application of this chapter to the
same extent that the substance has been exempted from the
application of the Federal Controlled Substances Act, if the
substance is listed as an exempt prescription product under 21
C.F.R. Section 1308.32 and its subsequent amendments.
(f) A chemical substance that is intended for laboratory,
industrial, educational, or special research purposes and not for
general administration to a human being or other animal is
exempted from Schedules I through V and the application of this
chapter to the same extent that the substance has been exempted
from the application of the Federal Controlled Substances Act, if
the substance is listed as an exempt chemical preparation under
21 C.F.R. Section 1308.24 and its subsequent amendments.
(g) An anabolic steroid product, which has no significant
potential for abuse due to concentration, preparation, mixture,
or delivery system, is exempted from Schedules I through V and
the application of this chapter to the same extent that the
substance has been exempted from the application of the Federal
Controlled Substances Act, if the substance is listed as an
exempt anabolic steroid product under 21 C.F.R. Section 1308.34
and its subsequent amendments.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 532, Sec. 1, eff. Sept. 1,
1993. Renumbered from Sec. 481.037 and amended by Acts 1997,
75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.
Sec. 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 previous
schedules and modifications in the federal schedules of
controlled substances as required by Subsection (g). Any further
additions to and deletions from these schedules, any rescheduling
of substances and any other modifications made by the
commissioner to these schedules of controlled substances shall be
made:
(1) in accordance with Section 481.035;
(2) in a manner consistent with this subchapter; and
(3) with approval of the Texas Board of Health.
(b) Except for alterations in schedules required by Subsection
(g), the commissioner may not make an alteration in a schedule
unless the commissioner holds a public hearing on the matter in
Austin and obtains approval from the Texas Board of Health.
(c) The commissioner may not:
(1) add a substance to the schedules if
the substance has been deleted from the schedules by the
legislature;
(2) delete a substance from the schedules if the substance
has been added to the schedules by the legislature; or
(3) reschedule a substance if the substance has been placed
in a schedule by the legislature.
(d) In making a determination regarding a substance, the
commissioner shall consider:
(1) the actual or relative potential for its abuse;
(2) the scientific evidence of its pharmacological effect,
if known;
(3) the state of current scientific knowledge regarding the
substance;
(4) the history and current pattern of its abuse;
(5) the scope, duration, and significance of its abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce psychological
or physiological dependence liability; and
(8) whether the substance is an immediate precursor of a
substance already controlled under this chapter.
(e) After considering the factors listed in Subsection (d), the
commissioner shall make findings with respect to those factors
and adopt a rule controlling the substance if the commissioner
finds the substance has a potential for abuse.
(f) If the commissioner designates a substance as an immediate
precursor, a substance that is a precursor of the controlled
precursor is not subject to control solely because it is a
precursor of the controlled precursor.
(g) Except as otherwise provided by this subsection, if a
substance is designated, rescheduled, or deleted as a controlled
substance under federal law and notice of that fact is given to
the commissioner, the commissioner similarly shall control the
substance under this chapter. After the expiration of a 30-day
period beginning on the day after the date of publication in the
Federal Register of a final order designating a substance as a
controlled substance or rescheduling or deleting a substance, the
commissioner similarly shall designate, reschedule, or delete the
substance, unless the commissioner objects during the period. If
the commissioner objects, the commissioner shall publish the
reasons for the objection and give all interested parties an
opportunity to be heard. At the conclusion of the hearing, the
commissioner shall publish a decision, which is final unless
altered by statute. On publication of an objection by the
commissioner, control as to that particular substance under this
chapter is stayed until the commissioner publishes the
commissioner's decision.
(h) Not later than the 10th day after the date on which the
commissioner designates, deletes, or reschedules a substance
under Subsection (a), the commissioner shall give written notice
of that action to the director and to each state licensing agency
having jurisdiction over practitioners.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Sec. 481.038 and amended by Acts 1997, 75th Leg.,
ch. 745, Sec. 4, eff. Jan. 1, 1998.
Sec. 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
(2) has no accepted medical use in treatment in the United
States or lacks accepted safety for use in treatment under
medical supervision.
(b) The commissioner shall place a substance in Schedule II if
the commissioner finds that:
(1) the substance has a high potential for abuse;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to severe psychological
or physical dependence.
(c) The commissioner shall place a substance in Schedule III if
the commissioner finds that:
(1) the substance has a potential for abuse less than that
of the substances listed in Schedules I and II;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to moderate or low
physical dependence or high psychological dependence.
(d) The commissioner shall place a substance in Schedule IV if
the commissioner finds that:
(1) the substance has a lower potential for abuse than that
of the substances listed in Schedule III;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to a more limited
physical or psychological dependence than that of the
substances listed in Schedule III.
(e) The commissioner shall place a substance in Schedule V if
the commissioner finds that the substance:
(1) has a lower potential for abuse than that of the
substances listed in Schedule IV;
(2) has currently accepted medical use in treatment in the
United States; and
(3) may lead to a more limited physical or psychological
dependence liability than that of the substances listed in
Schedule IV.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Sec. 481.039 and amended by Acts 1997, 75th Leg.,
ch. 745, Sec. 4, eff. Jan. 1, 1998.
Sec. 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 Register not later than the fifth
working day after the date the commissioner takes action under
this subchapter.
(b) Each published schedule must show changes, if any, made in
the schedule since its latest publication.
(c) An action by the commissioner that establishes or modifies
a schedule under this subchapter may take effect not earlier than
the 21st day after the date on which the schedule or modification
is published in the Texas Register unless an emergency exists
that necessitates earlier action to avoid an imminent hazard to
the public safety.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Sec. 481.040 and amended by Acts 1997, 75th Leg.,
ch. 745, Sec. 4, eff. Jan. 1, 1998.
SUBCHAPTER C. REGULATION OF MANUFACTURE, DISTRIBUTION, AND
DISPENSATION
OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, AND CHEMICAL
LABORATORY
APPARATUS
Sec. 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 controlled substance in this
state .
(b) A person who is registered by the director to manufacture,
distribute, analyze, dispense, or conduct research with a
controlled substance may possess, manufacture, distribute,
analyze, dispense, or conduct research with that substance to the
extent authorized by the person's registration and in conformity
with this chapter.
(c) A separate registration is required at each principal place
of business or professional practice where the applicant
manufactures, distributes, analyzes, dispenses, or possesses a
controlled substance. However, the director may not require
separate registration for a practitioner engaged in research with
a nonnarcotic controlled substance listed in Schedules II through
V if the registrant is already registered under this subchapter
in another capacity.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 5, eff. Jan. 1,
1998.
Sec. 481.062. Exemptions.
(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 registered manufacturer,
distributor, analyzer, or dispenser of the controlled substance
acting in the usual course of business or employment;
(2) a common or contract carrier, a warehouseman, or an
employee of a carrier or warehouseman whose possession of the
controlled substance is in the usual course of business or
employment;
(3) an ultimate user or a person in possession of the
controlled substance under a lawful order of a practitioner or
in lawful possession of the controlled substance if it is
listed in Schedule V;
(4) an officer or employee of this state, another state, or
the United States who is lawfully engaged in the enforcement of
a law relating to a controlled substance or drug or to a
customs law and authorized to possess the controlled substance
in the discharge of the person's official duties; or
(5) if the substance is tetrahydrocannabinol or one of its
derivatives:
(A) a Texas Department of Health official, a medical
school researcher, or a research program participant
possessing the substance as authorized under Subchapter G;
or
(B) a practitioner or an ultimate user possessing the
substance as a participant in a federally approved
therapeutic research program that the commissioner has
reviewed and found, in writing, to contain a medically
responsible research protocol.
(b) The director by rule may waive the requirement for
registration of certain manufacturers, distributors, or
dispensers if the director finds it consistent with the public
health and safety and if the attorney general of the United
States has issued a similar waiver under the Federal Controlled
Substances Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 6, eff. Jan. 1,
1998.
Sec. 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. This subchapter does not apply
to a manufacturer, wholesaler, retailer, or other person who
sells, transfers, or furnishes materials covered by this
subchapter to those educational or research programs.
(b) The department and the Texas Higher Education Coordinating
Board shall adopt a memorandum of understanding that establishes
the responsibilities of the board, the department, and the public
or private institutions of higher education in implementing and
maintaining a program for reporting information concerning
controlled substances, controlled substance analogues, chemical
precursors, and chemical laboratory apparatus used in educational
or research activities of institutions of higher education.
(c) The department and the Texas Education Agency shall adopt a
memorandum of understanding that establishes the responsibilities
of the agency, the department, and school districts in
implementing and maintaining a program for reporting information
concerning controlled substances, controlled substance analogues,
chemical precursors, and chemical laboratory apparatus used in
educational or research activities of those schools and school
districts.
Added by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(e), eff. Sept.
1, 1989.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.45, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 745, Sec. 7, eff. Jan. 1,
1998.
Sec. 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 person fails or refuses to provide to
the director a consent form signed by the person granting the
director the right to inspect the person's controlled premises
and any record, controlled substance, or other item covered by
this chapter.
(b) The director may not issue a registration to a person to
dispense a controlled substance unless the director receives a
consent form signed by the person granting the director the right
to inspect records as required by this chapter.
(c) The director shall register a person to manufacture,
distribute, or analyze a controlled substance listed in Schedules
II through V if:
(1) the person furnishes the director evidence that the
person is registered for that purpose under the Federal
Controlled Substances Act;
(2) the person has made proper application and paid the
applicable fee; and
(3) the person has not been found by the director to have
violated a provision of Subsection (e).
(d) The director shall register a person to dispense or conduct
research with a controlled substance listed in Schedules II
through V if the person:
(1) is a practitioner licensed under the laws of this state;
(2) has made proper application and paid the applicable fee;
and
(3) has not been found by the director to have violated a
provision of Subsection (e).
(e) An application for registration to manufacture, distribute,
analyze, dispense, or conduct research with a controlled
substance may be denied on a finding that the applicant:
(1) has furnished material information in an application
filed under this chapter that the applicant knows is false or
fraudulent;
(2) has been convicted of or placed on community supervision
or other probation for:
(A) a felony;
(B) a violation of this chapter or of Chapters 482-485;
or
(C) an offense reasonably related to the registration
sought;
(3) has voluntarily surrendered or has had suspended,
denied, or revoked a registration or application for
registration to manufacture, distribute, analyze, or dispense
controlled substances under the Federal Controlled Substances
Act;
(4) has had suspended, probated, or revoked a registration
or a practitioner's license under the laws of this state or
another state;
(5) has intentionally or knowingly failed to establish and
maintain effective security controls against diversion of
controlled substances into other than legitimate medical,
scientific, or industrial channels as provided by federal
regulations or laws, this chapter, or a rule adopted under this
chapter;
(6) has intentionally or knowingly failed to maintain
records required to be kept by this chapter or a rule adopted
under this chapter;
(7) has refused to allow an inspection authorized by this
chapter or a rule adopted under this chapter;
(8) has intentionally or knowingly violated this chapter or
a rule adopted under this chapter; or
(9) has voluntarily surrendered a registration that has not
been reinstated.
(f) The director may inspect the premises or establishment of
an applicant for registration in accordance with this chapter.
(g) A registration is valid until the first anniversary of the
date of issuance and may be renewed annually under rules adopted
by the director, unless a rule provides for a longer period of
validity or renewal.
(h) Chapter 2001, Government Code does not apply to a denial,
suspension, or revocation of a registration under Subsection
(e)(3).
(i) For good cause shown, the director may probate the denial
of an application for registration. If a denial of an
application is probated, the director may require the person to
report regularly to the department on matters that are the basis
of the probation or may limit activities of the person to those
prescribed by the director, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(f), eff.
Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 790, Sec. 19, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 745, Sec. 8, eff. Jan. 1, 1998.
Sec. 481.064. Registration Fees.
(a) The director may charge an annual registration fee of not
more than $25. The director by rule shall set the amount of the
fee at the amount that is necessary to cover the cost of
administering and enforcing this subchapter. Except as provided
by Subsection (b), registrants shall pay the fees to the
director.
(b) The director may authorize a contract between the
department and an appropriate state agency for the collection and
remittance of the fees. The director by rule may provide for
remittance of the fees collected by state agencies for the
department.
(c) The director shall deposit the collected fees to the credit
of the operator's and chauffeur's license account in the general
revenue fund. The fees may be used only by the department in the
administration or enforcement of this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 9, eff. Jan. 1,
1998.
Sec. 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
substances, or designing or calibrating devices to detect
controlled substances. A person who obtains an authorization
under this subsection does not commit an offense involving the
possession or distribution of controlled substances to the extent
that the possession or distribution is authorized.
(b) A person may conduct research with or analyze substances
listed in Schedule I in this state only if the person is a
practitioner registered under federal law to conduct research
with or analyze those substances and the person provides the
director with evidence of federal registration.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 person whose license has been suspended, or
reprimand a registrant for a cause described by Section
481.063(e).
(c) The director may cancel a registration that was issued in
error.
(d) The director may limit the cancellation, suspension,
probation, or revocation to the particular schedule or controlled
substance within a schedule for which grounds for cancellation,
suspension, probation, or revocation exist.
(e) After accepting the voluntary surrender of a registration
or ordering the cancellation, suspension, probation, or
revocation of a registration, the director may seize or place
under seal all controlled substances owned or possessed by the
registrant under the authority of that registration. If the
director orders the cancellation, suspension, probation, or
revocation of a registration, a disposition may not be made of
the seized or sealed substances until the time for administrative
appeal of the order has elapsed or until all appeals have been
concluded, except that the director may order the sale of
perishable substances and deposit of the proceeds of the sale in
a special interest-bearing account in the general revenue fund.
When a surrender or cancellation, suspension, probation, or
revocation order becomes final, all controlled substances may be
forfeited to the state as provided under Subchapter E.
(f) The operation of a registrant in violation of this section
is a public nuisance, and the director may apply to any court of
competent jurisdiction for an injunction suspending the
registration of the registrant.
(g) Chapter 2001, Government Code, applies to a proceeding
under this section to the extent that that chapter does not
conflict with this subchapter.
(h) The director shall promptly notify appropriate state
agencies of an order accepting a voluntary surrender or
canceling, suspending, probating, or revoking a registration and
the forfeiture of controlled substances.
(i) The director shall give written notice to the applicant or
registrant of the acceptance of a voluntary surrender of a
registration, or of the cancellation, suspension, probation,
revocation, or denial of a registration. The notice shall be
sent by registered mail, return receipt requested, to the most
current address of the applicant or registrant contained in the
files of the Department of Public Safety.
(j) After a voluntary surrender, cancellation, suspension,
probation, revocation, or denial of a registration, on petition
of the applicant or former registrant, the director may issue or
reinstate the registration for good cause shown by the
petitioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 10, eff. Jan. 1,
1998.
Sec. 481.067. Records.
(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 and
inventory requirements of federal law and with additional rules
the director adopts. Records and inventories must be retained
for at least two years after the date they are made.
(b) The pharmacist-in-charge of a pharmacy shall maintain the
records and inventories required by this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 identifying characteristics of individuals who
are the subjects of the research. A person who obtains the
authorization may not be compelled in a civil, criminal,
administrative, legislative, or other proceeding to identify the
individuals who are the subjects of the research for which the
authorization is obtained.
(b) Except as provided by Sections 481.074(b) and 481.075(d), a
practitioner engaged in authorized medical practice or research
may not be required to furnish the name or identity of a patient
or research subject to the Department of Public Safety, the
director of the Texas Commission on Alcohol and Drug Abuse, or
any other agency, public official, or law enforcement officer. A
practitioner may not be compelled in a state or local civil,
criminal, administrative, legislative, or other proceeding to
furnish the name or identity of an individual that the
practitioner is obligated to keep confidential.
(c) The director may not provide to a federal, state, or local
law enforcement agency the name or identity of a patient or
research subject whose identity could not be obtained under
Subsection (b).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 form. A registrant complying with the federal law
concerning order forms is in compliance with this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(g), eff.
Sept. 1, 1989.
Sec. 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. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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
under the practitioner's direction and supervision except for a
valid medical purpose and in the course of medical practice.
(b) An anabolic steroid or human growth hormone listed in
Schedule III may only be:
(1) dispensed, prescribed, delivered, or administered by a
practitioner, as defined by Section 481.002(39)(A), for a valid
medical purpose and in the course of professional practice; or
(2) dispensed or delivered by a pharmacist according to a
prescription issued by a practitioner, as defined by Section
481.002(39)(A) or (C), for a valid medical purpose and in the
course of professional practice.
(c) For the purposes of Subsection (b), bodybuilding, muscle
enhancement, or increasing muscle bulk or strength through the
use of an anabolic steroid or human growth hormone listed in
Schedule III by a person who is in good health is not a valid
medical purpose.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(b), eff.
Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 11, eff. Jan. 1,
1998.
Sec. 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. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 481.073. Communication of Prescriptions by Agent.
(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 of Public Safety may
communicate a prescription by telephone. A pharmacy that
receives a telephonically communicated prescription shall
promptly write the prescription and file and retain the
prescription in the manner required by this subchapter. A
practitioner who designates an agent to communicate prescriptions
shall maintain the written designation of the agent in the
practitioner's usual place of business and shall make the
designation available for inspection by investigators for the
Texas State Board of Medical Examiners, the State Board of Dental
Examiners, the State Board of Veterinary Medical Examiners, and
the Department of Public Safety. A practitioner who designates a
different agent shall designate that agent in writing and
maintain the designation in the same manner in which the
practitioner initially designated an agent under this section.
(b) On the request of a pharmacist, a practitioner shall
furnish a copy of the written designation authorized under
Subsection (a).
(c) This section does not relieve a practitioner or the
practitioner's designated agent from the requirement of Section
40, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
Statutes). A practitioner is personally responsible for the
actions of the designated agent in communicating a prescription
to a pharmacist.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 direction or supervision except under a valid
prescription and in the course of professional practice;
(2) fill a prescription that is not prepared or issued as
prescribed by this chapter;
(3) permit or allow a person who is not a licensed
pharmacist or pharmacist intern to dispense, distribute, or in
any other manner deliver a controlled substance even if under
the supervision of a pharmacist, except that after the
pharmacist or pharmacist intern has fulfilled his professional
and legal responsibilities, a nonpharmacist may complete the
actual cash or credit transaction and delivery; or
(4) permit the delivery of a controlled substance to any
person not known to the pharmacist, the pharmacist intern, or
the person authorized by the pharmacist to deliver the
controlled substance without first requiring identification of
the person taking possession of the controlled substance,
except as provided by Subsection (n).
(b) Except in an emergency as defined by rule of the director
or as provided by Section 481.075(j), a person may not dispense
or administer a controlled substance listed in Schedule II
without the written prescription of a practitioner on an official
prescription form that meets the requirements of and is completed
by the practitioner in accordance with Section 481.075, and if
the controlled substance is to be dispensed, the practitioner
must be registered under Section 481.063. In an emergency, a
person may dispense or administer a controlled substance listed
in Schedule II on the oral or telephonically communicated
prescription of a practitioner. The person who administers or
dispenses the substance shall:
(1) if the person is a prescribing practitioner or a
pharmacist, promptly comply with Subsection (c); or
(2) if the person is not a prescribing practitioner or a
pharmacist, promptly write the oral or telephonically
communicated prescription and include in the written record of
the prescription the name, address, and Federal Drug
Enforcement Administration number of the prescribing
practitioner, all information required to be provided by a
practitioner under Section 481.075(e)(1) , and all information
required to be provided by a dispensing pharmacist under
Section 481.075(e)(2) .
(c) Not later than 72 hours after authorizing an emergency oral
or telephonically communicated prescription, the prescribing
practitioner shall cause a written prescription, completed in the
manner required by Section 481.075, to be delivered in person or
mailed to the dispensing pharmacist at the pharmacy where the
prescription was dispensed. The envelope of a prescription
delivered by mail must be postmarked not later than 72 hours
after the prescription was authorized. On receipt of the
prescription, the dispensing pharmacy shall file the
transcription of the telephonically communicated prescription and
the pharmacy copy. The pharmacist or the pharmacy that employs
the pharmacist shall send all information required by the
director, including any information required to complete an
official prescription form, to the director by electronic
transfer, a universal claim form customarily used by
pharmaceutical service providers, or other form approved by the
director not later than the 30th day after the date the
prescription was dispensed.
(d) Except as specified in Subsections (e) and (f) of this
section, a person may not fill a prescription for a controlled
substance listed in Schedule II after the end of the seventh day
after the date on which the prescription is issued. A person may
not refill a prescription for a substance listed in Schedule II.
(e) The partial filling of a prescription for a controlled
substance listed in Schedule II is permissible, if the pharmacist
is unable to supply the full quantity called for in a written or
emergency oral prescription and the pharmacist makes a notation
of the quantity supplied on the face of the written prescription
or written record of the emergency oral prescription. The
remaining portion of the prescription may be filled within 72
hours of the first partial filling; however, if the remaining
portion is not or cannot be filled within the 72-hour period, the
pharmacist shall so notify the prescribing individual
practitioner. No further quantity may be supplied beyond 72
hours without a new prescription.
(f) A prescription for a Schedule II controlled substance
written for a patient in a long-term care facility (LTCF) or for
a patient with a medical diagnosis documenting a terminal illness
may be filled in partial quantities to include individual dosage
units. If there is any question about whether a patient may be
classified as having a terminal illness, the pharmacist must
contact the practitioner prior to partially filling the
prescription. Both the pharmacist and the practitioner have a
corresponding responsibility to assure that the controlled
substance is for a terminally ill patient. The pharmacist must
record the prescription on an official prescription form and must
indicate on the form whether the patient is "terminally ill" or
an "LTCF patient." A prescription that is partially filled and
does not contain the notation "terminally ill" or "LTCF patient"
shall be deemed to have been filled in violation of this Act.
For each partial filling, the dispensing pharmacist shall record
on the back of the official prescription form the date of the
partial filling, the quantity dispensed, the remaining quantity
authorized to be dispensed, and the identification of the
dispensing pharmacist. Prior to any subsequent partial filling,
the pharmacist is to determine that the additional partial
filling is necessary. The total quantity of Schedule II
controlled substances dispensed in all partial fillings must not
exceed the total quantity prescribed. Schedule II prescriptions
for patients in a long-term care facility or patients with a
medical diagnosis documenting a terminal illness shall be valid
for a period not to exceed 30 days from the issue date unless
sooner terminated by discontinuance of the medication.
(g) A person may not dispense a controlled substance in
Schedule III or IV that is a prescription drug under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.)
without a written, oral, or telephonically communicated
prescription of a practitioner defined by Section 481.002(39)(A),
except that the practitioner may dispense the substance directly
to an ultimate user. A prescription for a controlled substance
listed in Schedule III or IV may not be filled or refilled later
than six months after the date on which the prescription is
issued and may not be refilled more than five times, unless the
prescription is renewed by the practitioner.
(h) A pharmacist may dispense a controlled substance listed in
Schedule III, IV, or V under an original written prescription
issued by a practitioner defined by Section 481.002(39)(C) and
only if the pharmacist determines that the prescription was
issued for a valid medical purpose and in the course of
professional practice. A prescription issued under this
subsection may not be filled or refilled later than six months
after the date the prescription is issued, and a prescription
authorized to be refilled on the original prescription may not be
refilled more than five times.
(i) A person may not dispense a controlled substance listed in
Schedule V and containing 200 milligrams or less of codeine, or
any of its salts, per 100 milliliters or per 100 grams, or
containing 100 milligrams or less of dihydrocodeine, or any of
its salts, per 100 milliliters or per 100 grams, without the
prescription of a practitioner defined by Section 481.002(39)(A),
except that a practitioner may dispense the substance directly to
an ultimate user. A prescription issued under this subsection
may not be filled or refilled later than six months after the
date the prescription is issued and may not be refilled more than
five times, unless the prescription is renewed by the
practitioner.
(j) A practitioner or institutional practitioner may not allow
a patient, on the patient's release from the hospital, to possess
a controlled substance prescribed by the practitioner unless:
(1) the substance was dispensed under a medication order
while the patient was admitted to the hospital;
(2) the substance is in a properly labeled container; and
(3) the patient possesses not more than a seven-day supply
of the substance.
(k) A prescription for a controlled substance must show:
(1) the quantity of the substance prescribed:
(A) numerically, followed by the number written as a
word, if the prescription is written; or
(B) if the prescription is communicated orally or
telephonically, as transcribed by the receiving pharmacist;
(2) the date of issue;
(3) the name and address of the patient or, if the
controlled substance is prescribed for an animal, the species
of the animal and the name and address of its owner;
(4) the name and strength of the controlled substance
prescribed;
(5) the directions for use of the controlled substance;
(6) the intended use of the substance prescribed unless the
practitioner determines the furnishing of this information is
not in the best interest of the patient; and
(7) the legibly printed or stamped name, address, Federal
Drug Enforcement Administration registration number, and
telephone number of the practitioner at the practitioner's
usual place of business.
(l) A pharmacist may exercise his professional judgment in
refilling a prescription for a controlled substance in Schedule
III, IV, or V without the authorization of the prescribing
practitioner provided:
(1) failure to refill the prescription might result in an
interruption of a therapeutic regimen or create patient
suffering;
(2) either:
(A) a natural or manmade disaster has occurred which
prohibits the pharmacist from being able to contact the
practitioner; or
(B) the pharmacist is unable to contact the practitioner
after reasonable effort;
(3) the quantity of prescription drug dispensed does not
exceed a 72-hour supply;
(4) the pharmacist informs the patient or the patient's
agent at the time of dispensing that the refill is being
provided without such authorization and that authorization of
the practitioner is required for future refills; and
(5) the pharmacist informs the practitioner of the emergency
refill at the earliest reasonable time.
(m) A pharmacist may permit the delivery of a controlled
substance by an authorized delivery person, by a person known to
the pharmacist, a pharmacist intern, or the authorized delivery
person, or by mail to the person or address of the person
authorized by the prescription to receive the controlled
substance. If a pharmacist permits delivery of a controlled
substance under this subsection, the pharmacist shall retain in
the records of the pharmacy for a period of not less than two
years:
(1) the name of the authorized delivery person, if delivery
is made by that person;
(2) the name of the person known to the pharmacist, a
pharmacist intern, or the authorized delivery person if
delivery is made by that person; or
(3) the mailing address to which delivery is made, if
delivery is made by mail.
(n) A pharmacist may permit the delivery of a controlled
substance to a person not known to the pharmacist, a pharmacist
intern, or the authorized delivery person without first requiring
the identification of the person to whom the controlled substance
is delivered if the pharmacist determines that an emergency
exists and that the controlled substance is needed for the
immediate well-being of the patient for whom the controlled
substance is prescribed. If a pharmacist permits delivery of a
controlled substance under this subsection, the pharmacist shall
retain in the records of the pharmacy for a period of not less
than two years all information relevant to the delivery known to
the pharmacist, including the name, address, and date of birth or
age of the person to whom the controlled substance is delivered.
The pharmacist shall also retain in the records of the pharmacy
for a period of not less than two years the patient
identification number of the person to whom the controlled
substance is delivered if the person has such a number and that
number is required by the prescribing practitioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(h), eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 615, Sec. 10, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., ch. 761, Sec. 6, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 351, Sec. 28, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 789, Sec. 16, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 745, Secs. 12, 13, eff. Jan. 1, 1998.
Sec. 481.075. Official Prescription Program.
Text of section effective until September 1, 2003
(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 on a prescription form
that includes the information required by this section and affix
to the form a prescription sticker issued by the director under
this section.
(b) Each prescription sticker must be sequentially numbered and
produced in a manner that makes impossible removal of the sticker
from the prescription form to which it is affixed.
(c) The director shall issue prescription stickers to
practitioners for a fee covering the actual cost of printing,
processing, and mailing the stickers at 100 stickers a package.
Before mailing or otherwise delivering prescription stickers to a
practitioner, the director shall print on each sticker the number
of the sticker and any other information the director determines
is necessary.
(d) A person may not obtain a prescription sticker unless the
person is a practitioner as defined by Section 481.002(39)(A) or
an institutional practitioner.
(e) Each prescription form used to prescribe a Schedule II
controlled substance must contain :
(1) information provided by the prescribing practitioner,
including:
(A) the date the prescription is written;
(B) the controlled substance prescribed;
(C) the quantity of controlled substance prescribed,
shown numerically followed by the number written as a word;
(D) the intended use of the controlled substance or the
diagnosis for which it is prescribed and the instructions
for use of the substance;
(E) the practitioner's name, address, and Federal Drug
Enforcement Administration number; and
(F) the name, address, date of birth or age, and patient
identification number of the person for whom the controlled
substance is prescribed;
(2) information provided by the dispensing pharmacist,
including the date the prescription is filled; and
(3) the signatures of the prescribing practitioner and the
dispensing pharmacist.
(f) Not more than one prescription may be recorded on an
official prescription form, except as provided by rule adopted
under Section 481.0761.
(g) Except for oral prescriptions prescribed under Section
481.074(b), the prescribing practitioner shall:
(1) legibly fill in, or direct a designated agent to legibly
fill in, on the official prescription form, each item of
information required to be provided by the prescribing
practitioner under Subsection (e)(1), unless the practioner
determines that:
(A) under rule adopted by the director for this purpose,
it is unnecessary for the practitioner or the practitioner's
agent to provide the patient identification number; or
(B) it is not in the best interest of the patient for
the practitioner or practitioner's agent to provide
information regarding the intended use of the controlled
substance or the diagnosis for which it is prescribed; and
(2) sign the official prescription form and give the form to
the person authorized to receive the prescription.
(h) In the case of an oral prescription prescribed under
Section 481.074(b), the prescribing practitioner shall give the
dispensing pharmacy the information needed to complete the form.
(i) Each dispensing pharmacist shall:
(1) fill in on the official prescription form each item of
information given orally to the dispensing pharmacy under
Subsection (h), the date the prescription is filled, and the
dispensing pharmacist's signature;
(2) retain with the records of the pharmacy for at least
two years:
(A) the official prescription form; and
(B) the name or other patient identification required by
Section 481.074(m) or (n); and
(3) send all information required by the director, including
any information required to complete an official prescription
form, to the director by electronic transfer, a universal claim
form customarily used by pharmaceutical service providers, or
other form approved by the director not later than the 30th day
after the date the prescription is filled or not later than the
30th day after the completion of a prescription dispensed under
Section 481.074(f).
(j) A medication order written for a patient who is admitted to
a hospital at the time the medication order is written and filled
is not required to be on a form that meets the requirements of
this section.
(k) Not later than the 30th day after the date a practitioner's
department registration number, Federal Drug Enforcement
Administration number, or license to practice has been denied,
suspended, canceled, surrendered, or revoked, the practitioner
shall return to the department all prescription stickers in the
practitioner's possession that have not been used for
prescriptions.
(l) Each prescribing practitioner:
(1) may use a prescription sticker only to prescribe a
controlled substance;
(2) shall date or sign an official prescription form only on
the date the prescription is issued; and
(3) shall take reasonable precautionary measures to ensure
that a prescription sticker issued to the practitioner is not
used by another person to violate this subchapter or a rule
adopted under this subchapter.
(m) A pharmacy in this state may fill a prescription for a
controlled substance listed in Schedule II issued by a
practitioner in another state if:
(1) a substantial share of the pharmacy's business involves
the dispensing and mailing of controlled substances;
(2) the prescription is issued by a prescribing practitioner
in the other state in the ordinary course of practice; and
(3) the prescription is filled in compliance with a written
plan providing the manner in which the pharmacy may fill a
Schedule II prescription issued by a practitioner in another
state that:
(A) is submitted by the pharmacy to the director; and
(B) is approved by the director in consultation with the
Texas State Board of Pharmacy.
(n) This section expires September 1, 2003.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(i), eff.
Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 789, Sec. 17, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 745, Sec. 14, eff. Jan. 1, 1998.
Sec. 481.076. Official Prescription Information.
Text of section effective until September 1, 2003
(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 the Texas State Board of Medical
Examiners, the Texas State Board of Podiatric Medical
Examiners, the State Board of Dental Examiners, the State Board
of Veterinary Medical Examiners, or the Texas State Board of
Pharmacy;
(2) an authorized officer or member of the department
engaged in the administration, investigation, or enforcement of
this chapter or another law governing illicit drugs in this
state or another state; or
(3) if the director finds that proper need has been shown to
the director:
(A) a law enforcement or prosecutorial official engaged
in the administration, investigation, or enforcement of this
chapter or another law governing illicit drugs in this state
or another state;
(B) a pharmacist or practitioner who is a physician,
dentist, veterinarian, or podiatrist and is inquiring about
the recent Schedule II prescription history of a particular
patient of the practitioner; or
(C) a pharmacist or practitioner who is inquiring about
the person's own dispensing or prescribing activity.
(b) This section does not prohibit the director from creating,
using, or disclosing statistical data about information received
by the director under this section if the director removes any
information reasonably likely to reveal the identity of each
patient, practitioner, or other person who is a subject of the
information.
(c) The director by rule shall design and implement a system
for submission of information to the director by electronic or
other means and for retrieval of information submitted to the
director under this section and Section 481.075. The director
shall use automated information security techniques and devices
to preclude improper access to the information. The director
shall submit the system design to the Texas State Board of
Pharmacy and the Texas State Board of Medical Examiners for
review and approval or comment a reasonable time before
implementation of the system and shall comply with the comments
of those agencies unless it is unreasonable to do so.
(d) Information submitted to the director under this section
may be used only for:
(1) the administration, investigation, or enforcement of
this chapter or another law governing illicit drugs in this
state or another state;
(2) investigatory or evidentiary purposes in connection with
the functions of an agency listed in Subsection (a)(1); or
(3) dissemination by the director to the public in the form
of a statistical tabulation or report if all information
reasonably likely to reveal the identity of each patient,
practitioner, or other person who is a subject of the
information has been removed.
(e) The director shall remove from the information retrieval
system, destroy, and make irretrievable the record of the
identity of a patient submitted under this section to the
director not later than the end of the 12th calendar month after
the month in which the identity is entered into the system.
However, the director may retain a patient identity that is
necessary for use in a specific ongoing investigation conducted
in accordance with this section until the 30th day after the end
of the month in which the necessity for retention of the identity
ends.
(f) If the director permits access to information under
Subsection (a)(2) relating to a person licensed or regulated by
an agency listed in Subsection (a)(1), the director shall notify
and cooperate with that agency regarding the disposition of the
matter before taking action against the person, unless the
director determines that notification is reasonably likely to
interfere with an administrative or criminal investigation or
prosecution.
(g) If the director permits access to information under
Subsection (a)(3)(A) relating to a person licensed or regulated
by an agency listed in Subsection (a)(1), the director shall
notify that agency of the disclosure of the information not later
than the 10th working day after the date the information is
disclosed unless:
(1) the person to whom the information is disclosed requests
the director to withhold notification to the agency; and
(2) the director determines that notification is reasonably
likely to interfere with an administrative or criminal
investigation or prosecution.
(h) If the director withholds notification to an agency under
Subsection (g), the director shall notify the agency of the
disclosure of the information and the reason for withholding
notification when the director determines that notification is no
longer likely to interfere with an administrative or criminal
investigation or prosecution.
(i) Information submitted to the director under Section 481.075
is confidential and remains confidential regardless of whether
the director permits access to the information under this
section.
(j) This section expires September 1, 2003.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 965, Sec. 81, eff. June 16,
1995; Acts 1997, 75th Leg., ch. 745, Sec. 15, eff. Jan. 1, 1998.
Sec. 481.0761. Rules; Authority to Contract.
Text of section effective until September 1, 2003
(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 may be used by a pharmacy to
transmit the information required by Section 481.075(i) to the
director electronically or to deliver the information on storage
media, including disks, tapes, and cassettes.
(b) The director shall consult with the Texas Department of
Health, the Texas State Board of Pharmacy, and the Texas State
Board of Medical Examiners and by rule may:
(1) remove a controlled substance listed in Schedule II from
the official prescription program, if the director determines
that the burden imposed by the program substantially outweighs
the risk of diversion of the particular controlled substance;
or
(2) return a substance previously removed from Schedule II
to the official prescription program, if the director
determines that the risk of diversion substantially outweighs
the burden imposed by the program on the particular controlled
substance.
(c) The director by rule may:
(1) permit more than one prescription to be administered or
dispensed and recorded on one official prescription form;
(2) remove from or return to the official prescription
program any aspect of a practitioner's or pharmacist's hospital
practice, including administering or dispensing;
(3) waive or delay any requirement relating to the time or
manner of reporting;
(4) establish compatibility protocols for electronic data
transfer hardware, software, or format;
(5) establish a procedure to control the release of
information under Sections 481.075 and 481.076; and
(6) establish a minimum level of prescription activity below
which a reporting activity may be modified or deleted.
(d) The director by rule shall authorize a practitioner to
determine whether it is necessary to obtain a particular patient
identification number and to provide that number on the official
prescription form.
(e) In adopting a rule relating to the electronic transfer of
information under this subchapter, the director shall consider
the economic impact of the rule on practitioners and pharmacists
and, to the extent permitted by law, act to minimize any negative
economic impact, including the imposition of costs related to
computer hardware or software or to the transfer of information.
The director may not adopt a rule relating to the electronic
transfer of information under this subchapter that imposes a fee
in addition to the fee authorized by Section 481.064.
(f) The director may authorize a contract between the
department and another agency of this state or a private vendor
as necessary to ensure the effective operation of the official
prescription program.
(g) This section expires September 1, 2003.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 16, eff. Sept. 1,
1997.
Sec. 481.077. Chemical Precursor Records and Reports.
(a) Except as provided by Subsection (l), a person who sells,
transfers, or otherwise furnishes any of the following precursor
substances to a person shall make an accurate and legible record
of the transaction and maintain the record for at least two years
after the date of the transaction:
(1) Methylamine;
(2) Ethylamine;
(3) D-lysergic acid;
(4) Ergotamine tartrate;
(5) Diethyl malonate;
(6) Malonic acid;
(7) Ethyl malonate;
(8) Barbituric acid;
(9) Piperidine;
(10) N-acetylanthranilic acid;
(11) Pyrrolidine;
(12) Phenylacetic acid;
(13) Anthranilic acid;
(14) Ephedrine;
(15) Pseudoephedrine;
(16) Norpseudoephedrine; or
(17) Phenylpropanolamine.
(b) The director by rule may:
(1) name an additional chemical substance as a precursor for
purposes of Subsection (a) if the director determines that
public health and welfare are jeopardized by evidenced
proliferation or use of the substance in the illicit
manufacture of a controlled substance or controlled substance
analogue; or
(2) delete a substance listed in Subsection (a) if the
director determines that the substance does not jeopardize
public health and welfare or is not used in the illicit
manufacture of a controlled substance or a controlled substance
analogue.
(c) This section and Section 481.078 do not apply to a person
to whom a registration has been issued under Section 481.063.
(d) Before selling, transferring, or otherwise furnishing to a
person in this state a precursor substance subject to Subsection
(a), a manufacturer, wholesaler, retailer, or other person shall:
(1) if the recipient does not represent a business, obtain
from the recipient:
(A) the recipient's driver's license number or other
personal identification certificate number, date of birth,
and residential or mailing address, other than a post office
box number, from a driver's license or personal
identification card issued by the Department of Public
Safety that contains a photograph of the recipient;
(B) the year, state, and number of the motor vehicle
license of the motor vehicle owned or operated by the
recipient;
(C) a complete description of how the substance is to be
used; and
(D) the recipient's signature; or
(2) if the recipient represents a business, obtain from the
recipient:
(A) a letter of authorization from the business that
includes the business license or comptroller tax
identification number, address, area code, and telephone
number and a complete description of how the substance is to
be used; and
(B) the recipient's signature; and
(3) for any recipient, sign as a witness to the signature
and identification of the recipient.
(e) If the recipient does not represent a business, the
recipient shall present to the manufacturer, wholesaler,
retailer, or other person a permit issued in the name of the
recipient by the Department of Public Safety under Section
481.078.
(f) Except as provided by Subsection (h), a manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes to a person in this state a precursor
substance subject to Subsection (a) shall submit, at least 21
days before the delivery of the substance, a report of the
transaction on a form obtained from the director that includes
the information required by Subsection (d).
(g) The director shall supply to a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise
furnishes a precursor substance subject to Subsection (a) a form
for the submission of:
(1) the report required by Subsection (f);
(2) the name and measured amount of the precursor substance
delivered; and
(3) any other information required by the director.
(h) The director may authorize a manufacturer, wholesaler,
retailer, or other person to submit a comprehensive monthly
report instead of the report required by Subsection (f) if the
director determines that:
(1) there is a pattern of regular supply and purchase of the
substance between the furnisher and the recipient; or
(2) the recipient has established a record of use of the
substance solely for a lawful purpose.
(i) A manufacturer, wholesaler, retailer, or other person who
receives from a source outside this state a substance subject to
Subsection (a) or who discovers a loss or theft of a substance
subject to Subsection (a) shall:
(1) submit a report of the transaction to the director in
accordance with department rule; and
(2) include in the report:
(A) any difference between the amount of the substance
actually received and the amount of the substance shipped
according to the shipping statement or invoice; or
(B) the amount of the loss or theft.
(j) A report under Subsection (i) must:
(1) be made not later than the third day after the date that
the manufacturer, wholesaler, retailer, or other person learns
of the discrepancy, loss, or theft; and
(2) if the discrepancy, loss, or theft occurred during a
shipment of the substance, include the name of the common
carrier or person who transported the substance and the date
that the substance was shipped.
(k) Unless the person is the holder of only a permit issued
under Section 481.078(b)(1), a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise
furnishes any substance subject to Subsection (a) or a permit
holder, commercial purchaser, or other person who receives a
substance governed by Subsection (a):
(1) shall maintain records and inventories in accordance
with rules established by the director;
(2) shall allow a member of the Department of Public Safety
or a peace officer to conduct audits and inspect records of
purchases and sales and all other records made in accordance
with this section at any reasonable time; and
(3) may not interfere with the audit or with the full and
complete inspection or copying of those records.
(l) This section does not apply to the sale or transfer of a
nonnarcotic product that includes a precursor substance subject
to Subsection (a) if the sale or transfer complies with federal
law and involves a product that may be sold lawfully with a
prescription or over the counter without a prescription under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
seq.) or a rule adopted under that Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(k), eff.
Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 17, eff. Jan. 1,
1998.
Sec. 481.078. Chemical Precursor Transfer Permit.
(a) A person must obtain a chemical precursor transfer permit
from the Department of Public Safety to be eligible:
(1) to sell, transfer, or otherwise furnish a precursor
substance subject to Section 481.077(a) to a person in this
state;
(2) to receive a precursor substance subject to Section
481.077(a) from a source outside this state; or
(3) to receive a precursor substance subject to Section
481.077(a) if the person, in receiving the substance, does not
represent a business.
(b) The director by rule shall adopt procedures and standards
for the issuance and renewal or the voluntary surrender,
cancellation, suspension, probation, or revocation of:
(1) a permit for one sale, transfer, receipt, or otherwise
furnishing of a controlled substance precursor; or
(2) a permit for more than one sale, transfer, receipt, or
otherwise furnishing of a controlled substance precursor.
(c) A permit issued or renewed under Subsection (b)(1) is valid
only for the transaction indicated on the permit. A permit
issued or renewed under Subsection (b)(2) is valid for one year
after the date of issuance or renewal.
(d) A permit holder must report in writing or by telephone to
the director a change in the holder's business name, address,
area code, and telephone number not later than the seventh day
after the date of the change.
(e) The director may not issue a permit under this section
unless the person applying for the permit delivers to the
director a written consent to inspect signed by the person that
grants to the director the right to inspect any controlled
premises, record, chemical precursor, or other item governed by
this chapter in the care, custody, or control of the person.
After the director receives the consent, the director may inspect
any controlled premises, record, chemical precursor, or other
item to which the consent applies.
(f) The director may adopt rules to establish security controls
and provide for the inspection of a place, entity, or item to
which a chemical precursor transfer permit applies.
Added by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(l), eff. Sept.
1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 18, eff. Jan. 1,
1998.
Sec. 481.080. Chemical Laboratory Apparatus Record-Keeping Requirements
and Penalties.
(a) In this section, "chemical laboratory apparatus" means any
item of equipment designed, made, or adapted to manufacture a
controlled substance or a controlled substance analogue,
including:
(1) a condenser;
(2) a distilling apparatus;
(3) a vacuum drier;
(4) a three-neck or
distilling flask;
(5) a tableting machine;
(6) an encapsulating machine;
(7) a filter, Buchner, or separatory funnel;
(8) an Erlenmeyer, two-neck, or single-neck flask;
(9) a round-bottom, Florence, thermometer, or filtering
flask;
(10) a Soxhlet extractor;
(11) a transformer;
(12) a flask heater;
(13) a heating mantel; or
(14) an adaptor tube.
(b) A manufacturer, wholesaler, retailer, or other person who
sells, transfers, or otherwise furnishes chemical laboratory
apparatus shall make an accurate and legible record of the
transaction and maintain the record for at least two years after
the date of the transaction.
(c) The director may adopt rules to implement this section.
(d) The director by rule may:
(1) name additional chemical laboratory apparatus for
purposes of Subsection (a) if the director determines that
public health and welfare are jeopardized by evidenced
proliferation or use of a chemical laboratory apparatus in the
illicit manufacture of a controlled substance or controlled
substance analogue; or
(2) delete an apparatus listed in Subsection (a) if the
director determines that the apparatus does not jeopardize
public health and welfare or is not used in the illicit
manufacture of a controlled substance or a controlled substance
analogue.
(e) This section and Section 481.081 do not apply to a person
to whom a registration has been issued under Section 481.063.
(f) Before selling, transferring, or otherwise furnishing to a
person in this state an apparatus subject to Subsection (a), a
manufacturer, wholesaler, retailer, or other person shall:
(1) if the recipient does not represent a business, obtain
from the recipient:
(A) the recipient's driver's license number or other
personal identification certificate number, date of birth,
and residential or mailing address, other than a post office
box number, from a driver's license or personal
identification card issued by the Department of Public
Safety that contains a photograph of the recipient;
(B) the year, state, and number of the motor vehicle
license of the motor vehicle owned or operated by the
recipient;
(C) a complete description of how the apparatus is to be
used; and
(D) the recipient's signature; or
(2) if the recipient represents a business, obtain from the
recipient:
(A) a letter of authorization from the business that
includes the business license or comptroller tax
identification number, address, area code, and telephone
number and a complete description of how the apparatus is to
be used; and
(B) the recipient's signature; and
(3) for any recipient, sign as a witness to the signature
and identification of the recipient.
(g) If the recipient does not represent a business, the
recipient shall present to the manufacturer, wholesaler,
retailer, or other person a permit issued in the name of the
recipient by the Department of Public Safety under Section
481.081.
(h) Except as provided by Subsection (j), a manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes to a person in this state an apparatus
subject to Subsection (a) shall, at least 21 days before the
delivery of the apparatus, submit a report of the transaction on
a form obtained from the director that includes the information
required by Subsection (f).
(i) The director shall supply to a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise
furnishes an apparatus subject to Subsection (a) a form for the
submission of:
(1) the report required by Subsection (h);
(2) the name and number of apparatus delivered; and
(3) any other information required by the director.
(j) The director may authorize a manufacturer, wholesaler,
retailer, or other person to submit a comprehensive monthly
report instead of the report required by Subsection (h) if the
director determines that:
(1) there is a pattern of regular supply and purchase of the
apparatus between the furnisher and the recipient; or
(2) the recipient has established a record of use of the
apparatus solely for a lawful purpose.
(k) A manufacturer, wholesaler, retailer, or other person who
receives from a source outside this state an apparatus subject to
Subsection (a) or who discovers a loss or theft of an apparatus
subject to Subsection (a) shall:
(1) submit a report of the transaction to the director in
accordance with department rule; and
(2) include in the report:
(A) any difference between the number of the apparatus
actually received and the number of the apparatus shipped
according to the shipping statement or invoice; or
(B) the number of the loss or theft.
(l) A report under Subsection (k) must:
(1) be made not later than the third day after the date that
the manufacturer, wholesaler, retailer, or other person learns
of the discrepancy, loss, or theft; and
(2) if the discrepancy, loss, or theft occurred during a
shipment of the apparatus, include the name of the common
carrier or person who transported the apparatus and the date
that the apparatus was shipped.
(m) This subsection applies to a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise
furnishes any apparatus subject to Subsection (a) and to a permit
holder, commercial purchaser, or other person who receives an
apparatus governed by Subsection (a) unless the person is the
holder of only a permit issued under Section 481.081(b)(1). A
person covered by this subsection:
(1) shall maintain records and inventories in accordance
with rules established by the director;
(2) shall allow a member of the Department of Public Safety
or a peace officer to conduct audits and inspect records of
purchases and sales and all other records made in accordance
with this section at any reasonable time; and
(3) may not interfere with the audit or with the full and
complete inspection or copying of those records.
Added by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(l), eff. Sept.
1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 19, eff. Jan. 1,
1998.
Sec. 481.081. Chemical Laboratory Apparatus Transfer Permit.
(a) A person must obtain a chemical laboratory apparatus
transfer permit from the Department of Public Safety to be
eligible:
(1) to sell, transfer, or otherwise furnish an apparatus
subject to Section 481.080(a) to a person in this state;
(2) to receive an apparatus subject to Section 481.080(a)
from a source outside this state; or
(3) to receive an apparatus subject to Section 481.080(a) if
the person, in receiving the apparatus, does not represent a
business.
(b) The director by rule shall adopt procedures and standards
for the issuance and renewal or the voluntary surrender,
cancellation, suspension, probation, or revocation of:
(1) a permit for one sale, transfer, receipt, or otherwise
furnishing of a chemical laboratory apparatus; or
(2) a permit for more than one sale, transfer, receipt, or
otherwise furnishing of a chemical laboratory apparatus.
(c) A permit issued or renewed under Subsection (b)(1) is valid
only for the transaction indicated on the permit. A permit
issued or renewed under Subsection (b)(2) is valid for one year
after the date of issuance or renewal.
(d) A permit holder must report in writing or by telephone to
the director a change in the holder's business name, address,
area code, and telephone number not later than the seventh day
after the date of the change.
(e) The director may not issue a permit under this section
unless the person applying for the permit delivers to the
director a written consent to inspect signed by the person that
grants to the director the right to inspect any controlled
premises, record, chemical laboratory apparatus, or other item
governed by this chapter in the care, custody, or control of the
person. After the director receives the consent, the director
may inspect any controlled premises, record, chemical laboratory
apparatus, or other item to which the consent applies.
(f) The director may by rule establish security controls and
provide for the inspection of a place, entity, or item to which a
chemical laboratory apparatus transfer permit applies.
Added by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(l), eff. Sept.
1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 20, eff. Jan. 1,
1998.
SUBCHAPTER D. OFFENSES AND PENALTIES
Sec. 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, are divided into Penalty Groups 1 through 4.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(n), eff.
Sept. 1, 1989.
Sec. 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, if the existence of these isomers,
esters, ethers, and salts is possible within the specific
chemical designation:
Alfentanil;
Allylprodine;
Alphacetylmethadol;
Benzethidine;
Betaprodine;
Clonitazene;
Diampromide;
Diethylthiambutene;
Difenoxin not listed in Penalty Group 3 or 4;
Dimenoxadol;
Dimethylthiambutene;
Dioxaphetyl butyrate;
Dipipanone;
Ethylmethylthiambutene;
Etonitazene;
Etoxeridine;
Furethidine;
Hydroxypethidine;
Ketobemidone;
Levophenacylmorphan;
Meprodine;
Methadol;
Moramide;
Morpheridine;
Noracymethadol;
Norlevorphanol;
Normethadone;
Norpipanone;
Phenadoxone;
Phenampromide;
Phenomorphan;
Phenoperidine;
Piritramide;
Proheptazine;
Properidine;
Propiram;
Sufentanil;
Tilidine; and
Trimeperidine;
(2) the following opium derivatives, their salts, isomers,
and salts of isomers, unless specifically excepted, if the
existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation:
Acetorphine;
Acetyldihydrocodeine;
Benzylmorphine;
Codeine methylbromide;
Codeine-N-Oxide;
Cyprenorphine;
Desomorphine;
Dihydromorphine;
Drotebanol;
Etorphine, except hydrochloride salt;
Heroin;
Hydromorphinol;
Methyldesorphine;
Methyldihydromorphine;
Monoacetylmorphine;
Morphine methylbromide;
Morphine methylsulfonate;
Morphine-N-Oxide;
Myrophine;
Nicocodeine;
Nicomorphine;
Normorphine;
Pholcodine; and
Thebacon;
(3) the following substances, however produced, except those
narcotic drugs listed in another group:
(A) Opium and opiate not listed in Penalty Group 3 or 4,
and a salt, compound, derivative, or preparation of opium or
opiate, other than thebaine derived butorphanol, nalmefene
and its salts, naloxone and its salts, and naltrexone and
its salts, but including:
Codeine not listed in Penalty Group 3 or 4;
Ethylmorphine not listed in Penalty Group 3
or 4;
Granulated opium;
Hydrocodone not listed in Penalty Group 3;
Hydromorphone;
Metopon;
Morphine not listed in Penalty Group 3;
Opium extracts;
Opium fluid extracts;
Oxycodone;
Oxymorphone;
Powdered opium;
Raw opium;
Thebaine; and
Tincture of opium;
(B) a salt, compound, isomer, derivative, or preparation
of a substance that is chemically equivalent or identical to
a substance described by Paragraph (A), other than the
isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) Cocaine, including:
(i) its salts, its optical, position, and
geometric isomers, and the salts of those isomers;
(ii) coca leaves and a salt, compound,
derivative, or preparation of coca leaves;
(iii) a salt, compound, derivative, or
preparation of a salt, compound, or derivative that is chemically
equivalent or identical to a substance described by Subparagraph
(i) or (ii), other than decocainized coca leaves or extractions
of coca leaves that do not contain cocaine or ecgonine; and
(E) concentrate of poppy straw, meaning the crude
extract of poppy straw in liquid, solid, or powder form that
contains the phenanthrine alkaloids of the opium poppy
(4) the following opiates, including their isomers, esters,
ethers, salts, and salts of isomers, if the existence of these
isomers, esters, ethers, and salts is possible within the
specific chemical designation:
Acetyl-alpha-methylfentanyl
(N-1-(1-methyl-2-phenethyl)-4-piperidinyl-N-phenylacetamide)
;
Alpha-methylthiofentanyl
(N-1-methyl-2-(2-thienyl)ethyl-4-piperidinyl-N-phenylpropana
mide);
Alphaprodine;
Anileridine;
Beta-hydroxyfentanyl
(N-1-(2-hydroxy-2-phenethyl)-4-piperidinyl-N-phenylpropanami
de);
Beta-hydroxy-3-methylfentanyl;
Bezitramide;
Carfentanil;
Dihydrocodeine not listed in Penalty Group 3 or 4;
Diphenoxylate not listed in Penalty Group 3 or 4;
Fentanyl or alpha-methylfentanyl, or any other
derivative of Fentanyl;
Isomethadone;
Levomethorphan;
Levorphanol;
Metazocine;
Methadone;
Methadone-Intermediate, 4-cyano-2-dimethylamino-4,
4-diphenyl butane;
3-methylfentanyl(N-3-methyl-1-(2-phenylethyl)-
4-piperidyl-N-phenylpropanamide);
3-methylthiofentanyl(N-3-methyl-1-(2-thienyl) ethyl-4-piperi
dinyl -N-phenylpropanamide);
Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenyl-propane-carboxylic acid;
Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-
(2-phenylethyl)-4-piperidinylpropanamide);
PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
Pethidine (Meperidine);
Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4
carboxylate;
Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
Phenazocine;
Piminodine;
Racemethorphan;
Racemorphan; and
Thiofentanyl(N-phenyl-N-1-(2-thienyl)ethyl-4-
piperidinyl-propanamide);
(5) Flunitrazepam (some trade or other names: Rohypnol) ;
(6) Methamphetamine, including its salts, optical isomers,
and salts of optical isomers;
(7) Phenylacetone and methylamine, if possessed together
with intent to manufacture methamphetamine;
(8) Phencyclidine, including its salts; and
(9) Gamma hydroxybutyrate, including its salts.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(n), eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 761, Sec. 1, eff. Sept.
1, 1991.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 21, eff. Jan. 1,
1998.
Sec. 481.1021. Penalty Group 1-a.
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, Sec. 22, eff. Jan. 1,
1998.
Sec. 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 the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical
designation:
alpha-ethyltryptamine;
4-bromo-2, 5-dimethoxyamphetamine (some trade or other
names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2, 5-DMA);
4-bromo-2, 5-dimethoxyphenethylamine;
Bufotenine (some trade and other names:
3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
5-hydroxy-N, N-dimethyltryptamine; mappine);
Diethyltryptamine (some trade and other names: N,
N-Diethyltryptamine, DET);
2, 5-dimethoxyamphetamine (some trade or other names:
2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
2, 5-dimethoxy-4-ethylamphetamine (some trade or other
names: DOET);
Dimethyltryptamine (some trade and other names: DMT);
Dronabinol (synthetic) in sesame oil and encapsulated in
a soft gelatin capsule in a U.S. Food and Drug
Administration approved drug product (some trade or other
names for Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H- dibenzo b,dpyran-1-ol or
(-)-delta-9-(trans)-tetrahydrocannabinol);
Ethylamine Analog of Phencyclidine (some trade or other
names: N-ethyl-1-phenylcyclohexylamine,
(1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl)
ethylamine, cyclohexamine, PCE);
Ibogaine (some trade or other names: 7-Ethyl-6, 6, beta
7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
9-methano-5H-pyrido 1', 2':1, 2 azepino 5, 4-b indole;
tabernanthe iboga.);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP);
4-methyl-2, 5-dimethoxyamphetamine (some trade and other
names: 4-methyl-2, 5-dimethoxy-alpha-methylphenethylamine;
"DOM"; "STP");
3,4-methylenedioxy methamphetamine (MDMA, MDM);
3,4-methylenedioxy amphetamine;
3,4-methylenedioxy N-ethylamphetamine (Also known as
N-ethyl MDA);
Nabilone (Another name for nabilone:
(+)-trans-3-(1,1-dimethylheptyl)-
6,6a,7,8,10,10a-hexahydro-1-
hydroxy-6,6-dimethyl-9H-dibenzob,dpyran-9-one;
N-ethyl-3-piperidyl benzilate;
N-hydroxy-3,4-methylenedioxyamphetamine (Also known as
N-hydroxy MDA);
4-methylaminorex;
N-methyl-3-piperidyl benzilate;
Parahexyl (some trade or other names:
3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
9-trimethyl-6H-dibenzo b, d pyran; Synhexyl);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
Psilocin;
Psilocybin;
Pyrrolidine Analog of Phencyclidine (some trade or other
names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
Tetrahydrocannabinols, other than marihuana, and
synthetic equivalents of the substances contained in the
plant, or in the resinous extractives of Cannabis, or
synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity such
as:
delta-1 cis or trans tetrahydrocannabinol,
and their optical isomers;
delta-6 cis or trans tetrahydrocannabinol,
and their optical isomers;
delta-3, 4 cis or trans tetrahydrocannabinol,
and its optical isomers;
compounds of these structures, regardless of
numerical designation of atomic positions, since nomenclature of
these substances is not internationally standardized;
Thiophene Analog of Phencyclidine (some trade or other
names: 1-1-(2-thienyl) cyclohexyl piperidine; 2-Thienyl
Analog of Phencyclidine; TPCP, TCP);
1-1-(2-thienyl)cyclohexylpyrrolidine (some trade or
other names: TCPy); and
3,4,5-trimethoxy amphetamine;
(2) Phenylacetone (some trade or other names:
Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
ketone); and
(3) unless specifically excepted or unless listed in another
Penalty Group, a material, compound, mixture, or preparation
that contains any quantity of the following substances having a
potential for abuse associated with a depressant or stimulant
effect on the central nervous system:
Aminorex (some trade or other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline;
4,5-dihydro-5-phenyl-2-oxazolamine);
Amphetamine, its salts, optical isomers, and salts of
optical isomers;
Cathinone (some trade or other names:
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
2-aminopropiophenone);
Etorphine Hydrochloride;
Fenethylline and its salts;
Mecloqualone and its salts;
Methaqualone and its salts;
Methcathinone (some trade or other names:
2-methylamino-propiophenone;
alpha-(methylamino)propriophenone;
2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropriophenone; monomethylpropion;
ephedrone, N-methylcathinone; methylcathinone; AL-464;
AL-422; AL-463; and UR 1431);
N-Ethylamphetamine, its salts, optical isomers, and
salts of optical isomers; and
N,N-dimethylamphetamine (some trade or other names:
N,N,alpha-trimethylbenzeneethaneamine;
N,N,alpha-trimethylphenethylamine), its salts, optical
isomers, and salts of optical isomers.
(b) For the purposes of Subsection (a)(1) only, the term
"isomer" includes an optical, position, or geometric isomer.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 23, eff. Jan. 1,
1998.
Sec. 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 abuse associated with a stimulant effect on the
central nervous system:
Methylphenidate and its salts; and
Phenmetrazine and its salts;
(2) a material, compound, mixture, or preparation that
contains any quantity of the following substances having a
potential for abuse associated with a depressant effect on the
central nervous system:
a substance that contains any quantity of a derivative
of barbituric acid, or any salt of a derivative of
barbituric acid not otherwise covered by this subsection;
a compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital, or any salt of any
of these, and one or more active medicinal ingredients that
are not listed in any penalty group;
a suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these
drugs, and approved by the United States Food and Drug
Administration for marketing only as a suppository;
Alprazolam;
Amobarbital;
Bromazepam;
Camazepam;
Chlordiazepoxide;
Chlorhexadol;
Clobazam;
Clonazepam;
Clorazepate;
Clotiazepam;
Cloxazolam;
Delorazepam;
Diazepam;
Estazolam;
Ethyl loflazepate;
Fludiazepam;
Flurazepam;
Glutethimide;
Halazepam;
Haloxzolam;
Ketazolam;
Loprazolam;
Lorazepam;
Lormetazepam;
Lysergic acid, including its salts, isomers, and salts
of isomers;
Lysergic acid amide, including its salts, isomers, and
salts of isomers;
Mebutamate;
Medazepam;
Methyprylon;
Midazolam;
Nimetazepam;
Nitrazepam;
Nordiazepam;
Oxazepam;
Oxazolam;
Pentazocine, its salts, derivatives, or compounds or
mixtures thereof;
Pentobarbital;
Pinazepam;
Prazepam;
Quazepam;
Secobarbital;
Sulfondiethylmethane;
Sulfonethylmethane;
Sulfonmethane;
Temazepam;
Tetrazepam;
Tiletamine and zolazepam in combination, and its salts.
(some trade or other names for a tiletamine-zolazepam
combination product: Telazol, for tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for
zolazepam: 4-(2-fluorophenyl)-6,
8-dihydro-1,3,8,-trimethylpyrazolo-3,4-e(1,4)-d
diazepin-7(1H)-one, flupyrazapon);
Triazolam; and
Zolpidem;
(3) Nalorphine;
(4) a material, compound, mixture, or preparation containing
limited quantities of the following narcotic drugs, or any of
their salts:
not more than 1.8 grams of codeine, or any of its salts,
per 100 milliliters or not more than 90 milligrams per
dosage unit, with an equal or greater quantity of an
isoquinoline alkaloid of opium;
not more than 1.8 grams of codeine, or any of its salts,
per 100 milliliters or not more than 90 milligrams per
dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts;
not more than 300 milligrams of dihydrocodeinone
(hydrocodone), or any of its salts, per 100 milliliters or
not more than 15 milligrams per dosage unit, with a fourfold
or greater quantity of an isoquinoline alkaloid of opium;
not more than 300 milligrams of dihydrocodeinone
(hydrocodone), or any of its salts, per 100 milliliters or
not more than 15 milligrams per dosage unit, with one or
more active, nonnarcotic ingredients in recognized
therapeutic amounts;
not more than 1.8 grams of dihydrocodeine, or any of its
salts, per 100 milliliters or not more than 90 milligrams
per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts;
not more than 300 milligrams of ethylmorphine, or any of
its salts, per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25 milligrams
per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts;
not more than 50 milligrams of morphine, or any of its
salts, per 100 milliliters or per 100 grams with one or more
active, nonnarcotic ingredients in recognized therapeutic
amounts; and
not more than 1 milligram of difenoxin and not less than
25 micrograms of atropine sulfate per dosage unit;
(5) a material, compound, mixture, or preparation that
contains any quantity of the following substances:
Barbital;
Chloral betaine;
Chloral hydrate;
Ethchlorvynol;
Ethinamate;
Meprobamate;
Methohexital;
Methylphenobarbital (Mephobarbital);
Paraldehyde;
Petrichloral; and
Phenobarbital;
(6) Peyote, unless unharvested and growing in its natural
state, meaning all parts of the plant classified botanically as
Lophophora, whether growing or not, the seeds of the plant, an
extract from a part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds, or extracts;
(7) unless listed in another penalty group, a material,
compound, mixture, or preparation that contains any quantity of
the following substances having a stimulant effect on the
central nervous system, including the substance's salts,
optical, position, or geometric isomers, and salts of the
substance's isomers, if the existence of the salts, isomers,
and salts of isomers is possible within the specific chemical
designation:
Benzphetamine;
Cathine (+)-norpseudoephedrine;
Chlorphentermine;
Clortermine;
Diethylpropion;
Fencamfamin;
Fenfluramine;
Fenproporex;
Mazindol;
Mefenorex;
Pemoline (including organometallic complexes and their
chelates);
Phendimetrazine;
Phentermine;
Pipradrol; and
SPA (-)-1-dimethylamino-1,2-diphenylethane;
(8) unless specifically excepted or unless listed in another
penalty group, a material, compound, mixture, or preparation
that contains any quantity of the following substance,
including its salts:
Dextropropoxyphene
(Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionox
ybutane); and
(9) an anabolic steroid or any substance that is chemically
or pharmacologically related to testosterone, other than an
estrogen, progestin, or corticosteroid, and promotes muscle
growth, including:
Boldenone;
Chlorotestosterone (4-chlortestosterone);
Clostebol;
Dehydrochlormethyltestosterone;
Dihydrotestosterone (4-dihydrotestosterone);
Drostanolone;
Ethylestrenol;
Fluoxymesterone;
Formebulone;
Mesterolone;
Methandienone;
Methandranone;
Methandriol;
Methandrostenolone;
Methenolone;
Methyltestosterone;
Mibolerone;
Nandrolone;
Norethandrolone;
Oxandrolone;
Oxymesterone;
Oxymetholone;
Stanolone;
Stanozolol;
Testolactone;
Testosterone; and
Trenbolone.
(b) Penalty Group 3 does not include a compound, mixture, or
preparation containing a stimulant substance listed in Subsection
(a)(1) if the compound, mixture, or preparation contains one or
more active medicinal ingredients not having a stimulant effect
on the central nervous system and if the admixtures are included
in combinations, quantity, proportion, or concentration that
vitiate the potential for abuse of the substances that have a
stimulant effect on the central nervous system.
(c) Penalty Group 3 does not include a compound, mixture, or
preparation containing a depressant substance listed in
Subsection (a)(2) or (a)(5) if the compound, mixture, or
preparation contains one or more active medicinal ingredients not
having a depressant effect on the central nervous system and if
the admixtures are included in combinations, quantity,
proportion, or concentration that vitiate the potential for abuse
of the substances that have a depressant effect on the central
nervous system.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 24, eff. Jan. 1,
1998.
Sec. 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 more nonnarcotic active medicinal ingredients in
sufficient proportion to confer on the compound, mixture, or
preparation valuable medicinal qualities other than those
possessed by the narcotic drug alone:
not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit;
not more than 15 milligrams of opium per 29.5729
milliliters or per 28.35 grams; and
not more than 0.5 milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit;
(2) unless specifically excepted or unless listed in another
penalty group, a material, compound, mixture, or preparation
containing the narcotic drug Buprenorphine or its salts; and
(3) unless specifically exempted or excluded or unless
listed in another penalty group, any material, compound,
mixture, or preparation that contains any quantity of
pyrovalerone, a substance having a stimulant effect on the
central nervous system, including its salts, isomers, and salts
of isomers
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 25, eff. Jan. 1,
1998.
Sec. 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 Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 36, eff. Sept. 1,
1995.
Sec. 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 of the Native American Church in bona fide religious
ceremonies of the church. However, a person who supplies the
substance to the church must register and maintain appropriate
records of receipts and disbursements in accordance with rules
adopted by the director. An exemption granted to a member of the
Native American Church under this section does not apply to a
member with less than 25 percent Indian blood.
(b) The provisions of this chapter relating to the possession
of denatured sodium pentobarbital do not apply to possession by
personnel of a humane society or an animal control agency for the
purpose of destroying injured, sick, homeless, or unwanted
animals if the humane society or animal control agency is
registered with the Federal Drug Enforcement Administration. The
provisions of this chapter relating to the distribution of
denatured sodium pentobarbital do not apply to a person
registered as required by Subchapter C, who is distributing the
substance for that purpose to a humane society or an animal
control agency registered with the Federal Drug Enforcement
Administration.
(c) A person does not violate Section 481.113, 481.116,
481.121, or 481.125 if the person possesses or delivers
tetrahydrocannabinols or their derivatives, or drug paraphernalia
to be used to introduce tetrahydrocannabinols or their
derivatives into the human body, for use in a federally approved
therapeutic research program.
(d) The provisions of this chapter relating to the possession
and distribution of anabolic steroids do not apply to the use of
anabolic steroids that are administered to livestock or poultry.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(d), eff.
Sept. 1, 1989.
Sec. 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 or intentionally manufactures,
delivers, or possesses with intent to manufacture or deliver a
controlled substance listed in Penalty Group 1.
(b) An offense under Subsection (a) is a state jail felony if
the amount of the controlled substance to which the offense
applies is, by aggregate weight, including adulterants or
dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the second
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, four grams or more but less than 200 grams.
(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 10 years, and a fine not to exceed
$100,000, if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 200 grams or more but less than 400 grams.
(f) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 15 years, and a fine not to exceed
$250,000, if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 400 grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 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 manufacture or deliver a controlled
substance listed in Penalty Group 1-A.
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of the
controlled substance is fewer than 20;
(2) a felony of the second degree if the number of abuse
units of the controlled substance is 20 or more but fewer than
80;
(3) a felony of the first degree if the number of abuse
units of the controlled substance is 80 or more but fewer than
4,000; and
(4) punishable by imprisonment in the institutional division
of the Texas Department of Criminal Justice for life or for a
term of not more than 99 years or less than 15 years and a fine
not to exceed $250,000, if the number of abuse units of the
controlled substance is 4,000 or more.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 26, eff. Jan. 1,
1998.
Sec. 481.113. Offense: Manufacture or Delivery of Substance in Penalty
Group 2.
(a) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally manufactures,
delivers, or possesses with intent to manufacture or deliver a
controlled substance listed in Penalty Group 2.
(b) An offense under Subsection (a) is a state jail felony if
the amount of the controlled substance to which the offense
applies is, by aggregate weight, including adulterants or
dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the second
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, four grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 10 years, and a fine not to exceed
$100,000, if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 400 grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 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 or intentionally manufactures,
delivers, or possesses with intent to manufacture or deliver a
controlled substance listed in Penalty Group 3 or 4.
(b) An offense under Subsection (a) is a state jail felony if
the amount of the controlled substance to which the offense
applies is, by aggregate weight, including adulterants or
dilutants, less than 28 grams.
(c) An offense under Subsection (a) is a felony of the second
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 28 grams or more but less than 200 grams.
(d) An offense under Subsection (a) is a felony of the first
degree, if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 200 grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 10 years, and a fine not to exceed
$100,000, if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including any
adulterants or dilutants, 400 grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 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 Group 1, unless the person
obtained the substance directly from or under a valid
prescription or order of a practitioner acting in the course of
professional practice.
(b) An offense under Subsection (a) is a state jail felony if
the amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, one gram or
more but less than four grams.
(d) An offense under Subsection (a) is a felony of the second
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, four grams
or more but less than 200 grams.
(e) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 200 grams
or more but less than 400 grams.
(f) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 10 years, and a fine not to exceed
$100,000, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 400
grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 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.
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of the
controlled substance is fewer than 20;
(2) a felony of the third degree if the number of abuse
units of the controlled substance is 20 or more but fewer than
80;
(3) a felony of the second degree if the number of abuse
units of the controlled substance is 80 or more but fewer than
4,000;
(4) a felony of the first degree if the number of abuse
units of the controlled substance is 4,000 or more but fewer
than 8,000; and
(5) punishable by imprisonment in the institutional division
of the Texas Department of Criminal Justice for life or for a
term of not more than 99 years or less than 15 years and a fine
not to exceed $250,000, if the number of abuse units of the
controlled substance is 8,000 or more.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 26, eff. Jan. 1,
1998.
Sec. 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 Group 2, unless the person
obtained the substance directly from or under a valid
prescription or order of a practitioner acting in the course of
professional practice.
(b) An offense under Subsection (a) is a state jail felony if
the amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, one gram or
more but less than four grams.
(d) An offense under Subsection (a) is a felony of the second
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, four grams
or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than five years, and a fine not to exceed
$50,000, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 400
grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 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 Group 3, unless the person
obtains the substance directly from or under a valid prescription
or order of a practitioner acting in the course of professional
practice.
(b) An offense under Subsection (a) is a Class A misdemeanor if
the amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, less than 28 grams.
(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 28 grams or
more but less than 200 grams.
(d) An offense under Subsection (a) is a felony of the second
degree, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 200
grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than five years, and a fine not to exceed
$50,000, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 400
grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 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 Group 4, unless the person
obtained the substance directly from or under a valid
prescription or order of a practitioner acting in the course of
practice.
(b) An offense under Subsection (a) is a Class B misdemeanor if
the amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, less than 28 grams.
(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 28 grams or
more but less than 200 grams.
(d) An offense under Subsection (a) is a felony of the second
degree, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 200
grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than five years, and a fine not to exceed
$50,000, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 400
grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 481.119. Offense: Manufacture, Delivery, or Possession of
Miscellaneous Substances.
(a) A person commits an offense if the person knowingly or
intentionally manufactures, delivers, or possesses with intent to
manufacture or deliver a controlled substance listed in a
schedule by an action of the commissioner under this chapter but
not listed in a penalty group. An offense under this subsection
is a Class A misdemeanor.
(b) A person commits an offense if the person knowingly or
intentionally possesses a controlled substance listed in a
schedule by an action of the commissioner under this chapter but
not listed in a penalty group. An offense under this subsection
is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 (a) is:
(1) a Class B misdemeanor if the amount of marihuana
delivered is one-fourth ounce or less and the person committing
the offense does not receive remuneration for the marihuana;
(2) a Class A misdemeanor if the amount of marihuana
delivered is one-fourth ounce or less and the person committing
the offense receives remuneration for the marihuana;
(3) a state jail felony if the amount of marihuana delivered
is five pounds or less but more than one-fourth ounce;
(4) a felony of the second degree if the amount of marihuana
delivered is 50 pounds or less but more than five pounds;
(5) a felony of the first degree if the amount of marihuana
delivered is 2,000 pounds or less but more than 50 pounds; and
(6) punishable by imprisonment in the institutional division
of the Texas Department of Criminal Justice for life or for a
term of not more than 99 years or less than 10 years, and a
fine not to exceed $100,000, if the amount of marihuana
delivered is more than 2,000 pounds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 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) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana
possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana possessed
is five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of marihuana
possessed is 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of marihuana
possessed is 2,000 pounds or less but more than 50 pounds; and
(6) punishable by imprisonment in the institutional division
of the Texas Department of Criminal Justice for life or for a
term of not more than 99 years or less than 5 years, and a fine
not to exceed $50,000, if the amount of marihuana possessed is
more than 2,000 pounds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 481.122. Offense: Delivery of Controlled Substance or Marihuana to
Minor.
(a) Except as provided by this chapter, 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 delivers
marihuana and the person delivers the controlled substance or
marihuana to a person:
(1) who is 17 years of age or younger;
(2) who the actor knows or believes intends to deliver the
controlled substance or marihuana to a person 17 years of age
or younger;
(3) who is enrolled in an elementary or secondary school; or
(4) who the actor knows or believes intends to deliver the
controlled substance or marihuana to a person who is enrolled
in an elementary or secondary school.
(b) It is an affirmative defense to prosecution under this
section that:
(1) the actor was younger than 18 years of age when the
offense was committed; or
(2) the actor was younger than 21 years of age when the
offense was committed and delivered only marihuana in an amount
less than one-fourth ounce for which the actor did not receive
remuneration.
(c) An offense under this section is a felony of the second
degree.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 27, eff. Jan. 1,
1998.
Sec. 481.123. Offense: Delivery, Manufacture, or Possession of Controlled
Substance Analogue.
(a) For the purposes of this chapter, a controlled substance
analogue is considered to be a controlled substance listed in
Penalty Group 1 or 1-A if the analogue in whole or in part is
intended for human consumption and:
(1) the chemical structure of the analogue is substantially
similar to the chemical structure of a controlled substance
listed in Schedule I or Penalty Group 1 or 1-A; or
(2) the analogue is specifically designed to produce an
effect substantially similar to or greater than the effect of a
controlled substance listed in Schedule I or Penalty Group 1 or
1-A.
(b) For the purposes of this chapter, a controlled substance
analogue is considered to be a controlled substance listed in
Penalty Group 2 if the analogue in whole or in part is intended
for human consumption and:
(1) the chemical structure of the analogue is substantially
similar to the chemical structure of a controlled substance
listed in Schedule II or Penalty Group 2; or
(2) the analogue is specifically designed to produce an
effect substantially similar to or greater than the effect of a
controlled substance listed in Schedule II or Penalty Group 2.
(c) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally manufactures,
delivers, or possesses with intent to manufacture or deliver a
controlled substance analogue described by Subsection (a).
(d) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally possesses a
controlled substance analogue described by Subsection (a).
(e) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally manufactures,
delivers, or possesses with intent to manufacture or deliver a
controlled substance analogue described by Subsection (b).
(f) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally possesses a
controlled substance analogue described by Subsection (b).
(g) This section does not apply to:
(1) a controlled substance;
(2) a substance for which there is an approved new drug
application under Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. Section 355);
(3) a substance for which an exemption for investigational
use has been granted under Section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. Section 355), to the extent
that the substance is possessed, manufactured, or delivered by
a particular person under the exemption and the person's
conduct with respect to the substance is in accord with the
exemption; or
(4) a substance, to the extent the substance is not intended
for human consumption, before an exemption under Section 505 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
355), takes effect with regard to the substance.
(h) For the purposes of this section, Section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355)
applies to the introduction or delivery for introduction of any
new drug into intrastate, interstate, or foreign commerce.
(i) An offense under Subsection (c) is punishable in the same
manner as if the controlled substance analogue were a controlled
substance manufactured, delivered, or possessed with intent to
manufacture or deliver under Section 481.112.
(j) An offense under Subsection (d) is punishable in the same
manner as if the controlled substance analogue were a controlled
substance possessed under Section 481.115.
(k) An offense under Subsection (e) is punishable in the same
manner as if the controlled substance analogue were a controlled
substance manufactured, delivered, or possessed with intent to
manufacture or deliver under Section 481.113.
(l) An offense under Subsection (f) is punishable in the same
manner as if the controlled substance analogue were a controlled
substance possessed under Section 481.116.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 28, eff. Jan. 1,
1998.
Sec. 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, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, or conceal a controlled
substance in violation of this chapter or to inject, ingest,
inhale, or otherwise introduce into the human body a controlled
substance in violation of this chapter.
(b) A person commits an offense if the person knowingly or
intentionally delivers, possesses with intent to deliver, or
manufactures with intent to deliver drug paraphernalia knowing
that the person who receives or who is intended to receive the
drug paraphernalia intends that it be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store,
contain, or conceal a controlled substance in violation of this
chapter or to inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance in violation of this
chapter.
(c) A person commits an offense if the person commits an
offense under Subsection (b), is 18 years of age or older, and
the person who receives or who is intended to receive the drug
paraphernalia is younger than 18 years of age and at least three
years younger than the actor.
(d) An offense under Subsection (a) is a Class C misdemeanor.
(e) An offense under Subsection (b) is a Class A misdemeanor,
unless it is shown on the trial of a defendant that the defendant
has previously been convicted under Subsection (b) or (c), in
which event the offense is punishable by confinement in jail for
a term of not more than one year or less than 90 days.
(f) An offense under Subsection (c) is a state jail felony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 481.126. Offense: Illegal Expenditure or Investment.
(a) A person commits an offense if the person knowingly or
intentionally:
(1) expends funds the person knows are derived from the
commission of an offense punishable under Section 481.112(e) or
(f), 481.113(e), 481.114(e), 481.115(f), 481.116(e),
481.117(e), 481.118(e), 481.120(b)(6), or 481.121(b)(6); or
(2) finances or invests funds the person knows or believes
are intended to further the commission of an offense for which
the punishment is listed under Subdivision (1).
(b) An offense under this section is a felony of the first
degree.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 37, eff. Sept. 1,
1995.
Sec. 481.127. Offense: Unauthorized Disclosure of Information.
(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.
(b) An offense under this section is a state jail felony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 29, eff. Jan. 1,
1998.
Sec. 481.128. Offense and Civil Penalty: Commercial Matters.
(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 of Sections 481.070-481.075;
(2) manufactures a controlled substance not authorized by
the person's registration or distributes or dispenses a
controlled substance not authorized by the person's
registration to another registrant or other person;
(3) refuses or fails to make, keep, or furnish a record,
report, notification, order form, statement, invoice, or
information required by this chapter;
(4) prints, manufactures, possesses, or produces a
prescription sticker or official prescription form without the
approval of the director;
(5) delivers or possesses a counterfeit prescription sticker
or official prescription form;
(6) refuses an entry into a premise for an inspection
authorized by this chapter;
(7) refuses or fails to return a prescription sticker as
required by Section 481.075(k);
(8) refuses or fails to make, keep, or furnish a record,
report, notification, order form, statement, invoice, or
information required by a rule adopted by the director; or
(9) refuses or fails to maintain security required by this
chapter or a rule adopted under this chapter.
(b) If the registrant or dispenser knowingly refuses or fails
to make, keep, or furnish a record, report, notification, order
form, statement, invoice, or information or maintain security
required by a rule adopted by the director, the registrant or
dispenser is liable to the state for a civil penalty of not more
than $5,000 for each act.
(c) An offense under Subsection (a) is a state jail felony.
(d) If a person commits an act that would otherwise be an
offense under Subsection (a) except that it was committed without
the requisite culpable mental state, the person is liable to the
state for a civil penalty of not more than $1,000 for each act.
(e) A district attorney of the county where the act occurred
may file suit in district court in that county to collect a civil
penalty under this section, or the district attorney of Travis
County or the attorney general may file suit in district court in
Travis County to collect the penalty.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 30, eff. Jan. 1,
1998.
Sec. 481.129. Offense: Fraud.
(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 II, unless the person
distributes the controlled substance under an order form as
required by Section 481.069;
(2) uses in the course of manufacturing, prescribing, or
distributing a controlled substance a registration number that
is fictitious, revoked, suspended, or issued to another person;
(3) uses a prescription sticker issued to another person to
prescribe a Schedule II controlled substance;
(4) possesses or attempts to possess a controlled substance:
(A) by misrepresentation, fraud, forgery, deception, or
subterfuge;
(B) through use of a fraudulent prescription form; or
(C) through use of a fraudulent oral or telephonically
communicated prescription; or
(5) furnishes false or fraudulent material information in or
omits material information from an application, report, record,
or other document required to be kept or filed under this
chapter.
(b) A person commits an offense if the person knowingly or
intentionally:
(1) makes, distributes, or possesses a punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce
an actual or simulated trademark, trade name, or other
identifying mark, imprint, or device of another on a controlled
substance or the container or label of a container for a
controlled substance, so as to make the controlled substance a
counterfeit substance; or
(2) manufactures, delivers, or possesses with intent to
deliver a counterfeit substance.
(c) A person commits an offense if the person knowingly or
intentionally:
(1) delivers a prescription or a prescription form for other
than a valid medical purpose in the course of professional
practice; or
(2) possesses a prescription for a controlled substance or a
prescription form unless the prescription or prescription form
is possessed:
(A) during the manufacturing or distribution process;
(B) by a practitioner, practitioner's agent, or an
institutional practitioner for a valid medical purpose
during the course of professional practice;
(C) by a pharmacist or agent of a pharmacy during the
professional practice of pharmacy;
(D) under a practitioner's order made by the
practitioner for a valid medical purpose in the course of
professional practice; or
(E) by an officer or investigator authorized to enforce
this chapter within the scope of the officer's or
investigator's official duties.
(d) An offense under Subsection (a) is:
(1) a felony of the second degree if the controlled
substance that is the subject of the offense is listed in
Schedule I or II;
(2) a felony of the third degree if the controlled substance
that is the subject of the offense is listed in Schedule III or
IV; and
(3) a Class A misdemeanor if the controlled substance that
is the subject of the offense is listed in Schedule V.
(e) An offense under Subsection (b) is a Class A misdemeanor.
(f) An offense under Subsection (c)(1) is:
(1) a felony of the second degree if the defendant delivers:
(A) a prescription form; or
(B) a prescription for a controlled substance listed in
Schedule II; and
(2) a felony of the third degree if the defendant delivers a
prescription for a controlled substance listed in Schedule III,
IV, or V.
(g) An offense under Subsection (c)(2) is:
(1) a state jail felony if the defendant possesses:
(A) a prescription form; or
(B) a prescription for a controlled substance listed in
Schedule II or III; and
(2) a Class B misdemeanor if the defendant possesses a
prescription for a controlled substance listed in Schedule IV
or V.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(p), eff.
Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 31, eff. Jan. 1,
1998.
Sec. 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 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 or plant seized under Section 481.152 or
481.153; or
(2) diverts to the unlawful use or benefit of another person
a controlled substance property or plant seized under Section
481.152 or 481.153.
(b) An offense under this section is a state jail felony.
Added by Acts 1991, 72nd Leg., ch. 141, Sec. 2, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.
1, 1994.
Sec. 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 committed pursuant to the same
transaction or pursuant to two or more transactions that are
connected or constitute a common scheme, plan, or continuing
course of conduct; or
(2) the offenses are the repeated commission of the same or
similar offenses.
(b) A defendant may be prosecuted in a single criminal action
for all offenses arising out of the same criminal episode. If a
single criminal action is based on more than one charging
instrument within the jurisdiction of the trial court, not later
than the 30th day before the date of the trial, the state shall
file written notice of the action.
(c) If a judgment of guilt is reversed, set aside, or vacated
and a new trial is ordered, the state may not prosecute in a
single criminal action in the new trial any offense not joined in
the former prosecution unless evidence to establish probable
guilt for that offense was not known to the appropriate
prosecution official at the time the first prosecution began.
(d) If the accused is found guilty of more than one offense
arising out of the same criminal episode prosecuted in a single
criminal action, sentence for each offense for which the accused
has been found guilty shall be pronounced, and those sentences
run concurrently.
(e) If it appears that a defendant or the state is prejudiced
by a joinder of offenses, the court may order separate trials of
the offenses or provide other relief as justice requires.
(f) This section provides the exclusive method for
consolidation and joinder of prosecutions for offenses under this
chapter. This section is not a limitation of Article 36.09 or
36.10, Code of Criminal Procedure.
Added by Acts 1991, 72nd Leg., ch. 193, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 481.131 by Acts 1991, 72nd Leg., 1st
C.S., ch. 14, Sec. 8.01(17a), eff. Nov. 12, 1991.
Sec. 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 falsify drug test results.
(b) A person commits an offense if the person knowingly or
intentionally delivers, possesses with intent to deliver, or
manufactures with intent to deliver a substance or device
designed to falsify drug test results.
(c) In this section, "drug test" means a lawfully administered
test designed to detect the presence of a controlled substance or
marihuana.
(d) An offense under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (b) is a Class A misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 274, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 481.131 by Acts 1991, 72nd Leg., 1st
C.S., ch. 14, Sec. 8.01(17b), eff. Nov. 12, 1991.
Sec. 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 or
private technical institute, junior college, senior college or
university, medical or dental unit, or other agency of higher
education as defined by Section 61.003, Education Code.
(3) "Playground" means any outdoor facility that is not on
the premises of a school and that:
(A) is intended for recreation;
(B) is open to the public; and
(C) contains three or more separate apparatus intended
for the recreation of children, such as slides, swing sets,
and teeterboards.
(4) "Premises" means real property and all buildings and
appurtenances pertaining to the real property.
(5) "School" means a private or public elementary or
secondary school or a day-care center, as defined by Section
42.002, Human Resources Code.
(6) "Video arcade facility" means any facility that:
(A) is open to the public, including persons who are 17
years of age or younger;
(B) is intended primarily for the use of pinball or
video machines; and
(C) contains at least three pinball or video machines.
(7) "Youth center" means any recreational facility or
gymnasium that:
(A) is intended primarily for use by persons who are 17
years of age or younger; and
(B) regularly provides athletic, civic, or cultural
activities.
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.113, 481.114, or 481.120 is punishable
as a felony of the third degree, and an offense otherwise
punishable as a felony of the second degree under any of those
sections is punishable as a felony of the first degree, if it is
shown at the punishment phase of the trial of the offense that
the offense was committed:
(1) in, on, or within 1,000 feet of premises owned, rented,
or leased by an institution of higher learning or a playground;
or
(2) in, on, or within 300 feet of the premises of a public
or private youth center, public swimming pool, or video arcade
facility.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e),
or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e),
481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
481.121(b)(4), (5), or (6) is increased by five years and the
maximum fine for the offense is doubled if it is shown on the
trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of premises of a school; or
(2) on a school bus.
(d) An offense otherwise punishable under Section 481.112(b),
481.113(b), 481.114(b), 481.115(b), 481.116(b), 481.120(b)(3), or
481.121(b)(3) is a felony of the third degree if it is shown on
the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property that
is owned, rented, or leased to a school or school board; or
(2) on a school bus.
(e) An offense otherwise punishable under Section 481.117(b),
481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state jail
felony if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property that
is owned, rented, or leased to a school or school board; or
(2) on a school bus.
(f) An offense otherwise punishable under Section 481.118(b),
481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class A
misdemeanor if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property that
is owned, rented, or leased to a school or school board; or
(2) on a school bus.
(g) Subsection (f) does not apply to an offense if:
(1) the offense was committed inside a private residence;
and
(2) no minor was present in the private residence at the
time the offense was committed.
(h) Punishment that is increased for a conviction for an
offense listed under this section may not run concurrently with
punishment for a conviction under any other criminal statute.
Added by Acts 1993, 73rd Leg., ch. 888, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 39, eff.
May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 38, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 1063, Sec. 9, eff. Sept. 1,
1997.
Sec. 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 and boundaries of drug-free zones is
admissible in evidence and is prima facie evidence of the
location or boundaries of those areas if the governing body of
the municipality or county adopts a resolution or ordinance
approving the map as an official finding and record of the
location or boundaries of those areas.
(b) A municipal or county engineer may, on request of the
governing body of the municipality or county, revise a map that
has been approved by the governing body of the municipality or
county as provided by Subsection (a).
(c) A municipal or county engineer shall file the original or a
copy of every approved or revised map approved as provided by
Subsection (a) with the county clerk of each county in which the
area is located.
(d) This section does not prevent the prosecution from:
(1) introducing or relying on any other evidence or
testimony to establish any element of an offense for which
punishment is increased under Section 481.134; or
(2) using or introducing any other map or diagram otherwise
admissible under the Texas Rules of Criminal Evidence.
Added by Acts 1993, 73rd Leg., ch. 888, Sec. 3, eff. Sept. 1,
1993.
Sec. 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 precursor substance listed in Section
481.077(a) and the person:
(1) does not hold a precursor transfer permit as required by
Section 481.078 at the time of the transaction;
(2) does not comply with Section 481.077;
(3) knowingly makes a false statement in a report or record
required by Section 481.077 or 481.078; or
(4) knowingly violates a rule adopted under Section 481.077
or 481.078.
(b) An offense under this section is a state jail felony,
unless it is shown on the trial of the offense that the defendant
has been previously convicted of an offense under this section or
Section 481.137, in which event the offense is a felony of the
third degree.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1,
1998.
Sec. 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 precursor substance listed in Section
481.077(a) with the knowledge or intent that the recipient will
use the substance to unlawfully manufacture a controlled
substance or controlled substance analogue.
(b) An offense under this section is a felony of the third
degree.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1,
1998.
Sec. 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 an apparatus described by Section
481.080(a) and the person:
(1) does not have an apparatus transfer permit as required
by Section 481.081 at the time of the transaction;
(2) does not comply with Section 481.080;
(3) knowingly makes a false statement in a report or record
required by Section 481.080 or 481.081; or
(4) knowingly violates a rule adopted under Section 481.080
or 481.081.
(b) An offense under this section is a state jail felony,
unless it is shown on the trial of the offense that the defendant
has been previously convicted of an offense under this section,
in which event the offense is a felony of the third degree.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1,
1998.
Sec. 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 an apparatus described by Section
481.080(a) with the knowledge or intent that the recipient will
use the apparatus to unlawfully manufacture a controlled
substance or controlled substance analogue.
(b) An offense under Subsection (a) is a felony of the third
degree.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1,
1998.
SUBCHAPTER E. FORFEITURE
Sec. 481.151. Definitions.
In this subchapter:
(1) "Department" means the Department of Public Safety.
(2) "Controlled substance property" means a controlled substance,
mixture containing a controlled substance, controlled substance
analogue, counterfeit controlled substance, drug paraphernalia,
chemical precursor, or raw material.
(3) "Controlled substance plant" means a species of plant from
which a controlled substance listed in Schedule I or II may be
derived.
Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1,
1991.
Sec. 481.152. Seizure and Summary Forfeiture and 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 violation of this chapter;
(2) the plants are wild growths; or
(3) the owners or cultivators of the plants are unknown.
(b) Subsection (a) does not apply to unharvested peyote growing
in its natural state.
(c) If a person who occupies or controls land or premises on
which the plants are growing fails on the demand of a peace
officer to produce an appropriate registration or proof that the
person is the holder of the registration, the officer may seize
and forfeit the plants.
(d) If a controlled substance plant is seized and forfeited
under this section, a court may order the disposition of the
plant under Section 481.159, or the department or a peace officer
may summarily destroy the property under the rules of the
department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1,
1991.
Sec. 481.153. Seizure and Summary Forfeiture and 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.
(b) If an item of controlled substance property is seized and
forfeited under this section, a court may order the disposition
of the property under Section 481.159, or the department or a
peace officer may destroy the property under the rules of the
department.
Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 destruction of controlled
substance property or plants;
(2) establishment and operation of a secure storage area;
(3) delegation by a law enforcement agency head of the
authority to access a secure storage area; and
(4) minimum tolerance for and the circumstances of loss or
destruction during an investigation.
(b) The rules for the destruction of controlled substance
property or plants must require:
(1) more than one person to witness the destruction of the
property or plants;
(2) the preparation of an inventory of the property or
plants destroyed; and
(3) the preparation of a statement that contains the names
of the persons who witness the destruction and the details of
the destruction.
(c) A document prepared under a rule adopted under this section
must be completed, retained, and made available for inspection by
the director.
Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1,
1991.
Sec. 481.159. Disposition of Controlled Substance Property or Plant.
(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 code, the court shall also order a law
enforcement agency to:
(1) retain the property or plant for its official purposes,
including use in the investigation of offenses under this code;
(2) deliver the property or plant to a government agency for
official purposes;
(3) deliver the property or plant to a person authorized by
the court to receive it;
(4) deliver the property or plant to a person authorized by
the director to receive it for a purpose described by Section
481.065(a); or
(5) destroy the property or plant that is not otherwise
disposed of in the manner prescribed by this subchapter.
(b) The district court may not require the department to
receive, analyze, or retain a controlled substance property or
plant forfeited to a law enforcement agency other than the
department.
(c) In order to ensure that a controlled substance property or
plant is not diluted, substituted, diverted, or tampered with
while being used in the investigation of offenses under this
code, law enforcement agencies using the property or plant for
this purpose shall:
(1) employ a qualified individual to conduct qualitative and
quantitative analyses of the property or plant before and after
their use in an investigation;
(2) maintain the property or plant in a secure storage area
accessible only to the law enforcement agency head and the
individual responsible for analyzing, preserving, and
maintaining security over the property or plant; and
(3) maintain a log documenting:
(A) the date of issue, date of return, type, amount, and
concentration of property or plant used in an investigation;
and
(B) the signature and the printed or typed name of the
peace officer to whom the property or plant was issued and
the signature and the printed or typed name of the
individual issuing the property or plant.
(d) A law enforcement agency may contract with another law
enforcement agency to provide security that complies with
Subsection (c) for controlled substance property or plants.
(e) A law enforcement agency may adopt a written policy with
more stringent requirements than those required by Subsection
(c). The director may enter and inspect, in accordance with
Section 481.181, a location at which an agency maintains records
or controlled substance property or plants as required by this
section.
(f) If a law enforcement agency uses a controlled substance
property or plant in the investigation of an offense under this
code and the property or plant has been transported across state
lines before the forfeiture, the agency shall cooperate with a
federal agency in the investigation if requested to do so by the
federal agency.
(g) Under the rules of the department, a law enforcement agency
head may grant to another person access to a secure storage
facility under Subsection (c)(2).
(h) A county, justice, or municipal court may order forfeiture
of a controlled substance property or plant, unless the lawful
possession of and title to the property or plant can be
ascertained. If the court determines that a person had lawful
possession of and title to the controlled substance property or
plant before it was seized, the court shall order the controlled
substance property or plant returned to the person, if the person
so desires. The court may only order the destruction of a
controlled substance property or plant that is not otherwise
disposed of in the manner prescribed by Section 481.160.
(i) If a controlled substance property or plant seized under
this chapter was forfeited to an agency for the purpose of
destruction or for any purpose other than investigation, the
property or plant may not be used in an investigation unless a
district court orders disposition under this section and permits
the use of the property or plant in the investigation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 5(a),
eff. Oct. 18, 1989; Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff.
Sept. 1, 1991.
Sec. 481.160. Destruction of Items for Health, Environmental, or Safety
Reasons.
Text of section as amended by Acts 1991, 72nd Leg., ch. 14, Sec.
199 and Acts 1991, 72nd Leg., ch. 285, Sec. 2 [Nonsubstantive
Revision]
(a) All hazardous waste, raw materials, residuals, contaminated
glassware, associated equipment, and by-products from illicit
chemical laboratories or similar operations that create health or
environmental hazards or prohibit safe storage may be immediately
destroyed by a law enforcement agency without court order if
current environmental protection standards are followed.
(b) A law enforcement agency seizing materials described in
Subsection (a) shall ensure that photographs are taken that
reasonably demonstrate the total amount of the materials seized
and the manner in which the materials were physically arranged or
positioned before seizure and disposal.
(c), (d) [Blank].
(e) A law enforcement agency may petition a court to require,
as a condition of probation under Article 42.12, Code of Criminal
Procedure, a person to reimburse the agency for the cost of the
confiscation, analysis, storage, or disposal of raw materials,
controlled substances, chemical precursors, drug paraphernalia,
or other materials seized in connection with an offense committed
by the person under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(r), eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 199, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., ch. 285, Sec. 2.
For text of Sec. 481.160 as amended by Acts 1991, 72nd Leg., ch.
141, Sec. 1, and Acts 1991, 72nd Leg., ch. 285, Sec. 2, see Sec.
481.160, post
Sec. 481.160. Destruction of Excess Quantities.
Text of section as amended by Acts 1991, 72nd Leg., ch. 141, Sec.
1 and Acts 1991, 72nd Leg., ch. 285, Sec. 2
(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 that seized the property or plant or
to which the property or plant is forfeited may summarily destroy
the property or plant without a court order before the
disposition of a case arising out of the forfeiture if the agency
ensures that:
(1) at least five random and representative samples are
taken from the total amount of the property or plant and a
sufficient quantity is preserved to provide for discovery by
parties entitled to discovery;
(2) photographs are taken that reasonably demonstrate the
total amount of the property or plant; and
(3) the gross weight or liquid measure of the property or
plant is determined, either by actually weighing or measuring
the property or plant or by estimating its weight or
measurement after making dimensional measurements of the total
amount seized.
(b) If the property consists of a single container of liquid,
taking and preserving one representative sample complies with
Subsection (a)(1).
(c) A representative sample, photograph, or record made under
this section is admissible in civil or criminal proceedings in
the same manner and to the same extent as if the total quantity
of the suspected controlled substance property or plant was
offered in evidence, regardless of whether the remainder of the
property or plant has been destroyed. An inference or
presumption of spoliation does not apply to a property or plant
destroyed under this section.
(d) All controlled substance property, hazardous waste,
residuals, contaminated glassware, associated equipment, and
by-products from illicit chemical laboratories or similar
operations that create health or environmental hazards or
prohibit safe storage may be disposed of under Subsection (a) or
may be seized and immediately destroyed by a law enforcement
agency without court order if current environmental protection
standards are followed.
(e) A law enforcement agency seizing and destroying or
disposing of materials described in Subsection (d) shall ensure
that photographs are taken that reasonably demonstrate the total
amount of the materials seized and the manner in which the
materials were physically arranged or positioned before seizure.
(f) A law enforcement agency may petition a court to require,
as a condition of community supervision under Article 42.12, Code
of Criminal Procedure, a person to reimburse the agency for the
cost of the confiscation, analysis, storage, or disposal of raw
materials, controlled substances, chemical precursors, drug
paraphernalia, or other materials seized in connection with an
offense committed by the person under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(r), eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., ch. 285, Sec. 2, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 745, Sec. 33, eff. Jan. 1,
1998.
For text of Sec. 481.160, as amended by Acts 1991, 72nd Leg., ch.
14, Sec. 199 and Acts 1991, 72nd Leg., ch. 285, Sec. 1, see Sec.
481.160, ante
SUBCHAPTER F. INSPECTIONS, EVIDENCE, AND MISCELLANEOUS LAW
ENFORCEMENT
PROVISIONS
Sec. 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, copy, and verify the correctness of a
record, report, or other document required to be made or kept
under this chapter and to perform other functions under this
chapter. The director shall state the purpose of the entry and
present to the owner, operator, or agent in charge of the
premises appropriate credentials and a written notice of
inspection authority.
(b) The director may:
(1) inspect and copy a record, report, or other document required
to be made or kept under this chapter;
(2) inspect, within reasonable limits and in a reasonable manner,
the controlled premises and all pertinent equipment, finished and
unfinished drugs, other substances, and materials, containers,
labels, records, files, papers, processes, controls, and
facilities as appropriate to verify a record, report, or document
required to be kept under this chapter or to administer this
chapter;
(3) examine and inventory stock of a controlled substance and
obtain samples of the controlled substance;
(4) examine a hypodermic syringe, needle, pipe, or other
instrument, device, contrivance, equipment, control, container,
label, or facility relating to a possible violation of this
chapter; and
(5) examine a material used, to be used, or capable of being used
to dilute or adulterate a controlled substance.
(c) Unless the owner, operator, or agent in charge of the
controlled premises consents in writing, the director may not
inspect:
(1) financial data;
(2) sales data other than shipment data; or
(3) pricing data.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 481.182. Search Warrants.
A search warrant may be issued to search for and seize a
controlled substance possessed or manufactured in violation of
this chapter. The application for the issuance of and the
execution of a search warrant under this section must conform to
applicable provisions of the Code of Criminal Procedure.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 481.183. Evidentiary Rules Relating to Delivery or Drug
Paraphernalia.
(a) For the purpose of establishing the delivery of a
controlled substance, counterfeit substance, or drug
paraphernalia, proof of an offer to sell must be corroborated by
a person other than the offeree or by evidence other than a
statement of the offeree.
(b) In considering whether an item is drug paraphernalia under
this chapter, a court or other authority shall consider, in
addition to all other logically relevant factors, and subject to
rules of evidence:
(1) statements by an owner or person in control of the
object concerning its use;
(2) the existence of any residue of a controlled substance
on the object;
(3) direct or circumstantial evidence of the intent of an
owner or other person in control of the object to deliver it to
a person whom the person knows or should reasonably know
intends to use the object to facilitate a violation of this
chapter;
(4) oral or written instructions provided with the object
concerning its use;
(5) descriptive material accompanying the object that
explains or depicts its use;
(6) the manner in which the object is displayed for sale;
(7) whether the owner or person in control of the object is
a supplier of similar or related items to the community, such
as a licensed distributor or dealer of tobacco products;
(8) direct or circumstantial evidence of the ratio of sales
of the object to the total sales of the business enterprise;
(9) the existence and scope of uses for the object in the
community;
(10) the physical design characteristics of the item; and
(11) expert testimony concerning the item's use.
(c) The innocence of an owner or other person in charge of an
object as to a direct violation of this chapter does not prevent
a finding that the object is intended or designed for use as drug
paraphernalia.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 in any trial, hearing, or other
proceeding under this chapter. A person claiming the benefit of
an exemption or exception has the burden of going forward with
the evidence with respect to the exemption or exception.
(b) In the absence of proof that a person is the duly
authorized holder of an appropriate registration or order form
issued under this chapter, the person is presumed not to be the
holder of the registration or form. The presumption is subject
to rebuttal by a person charged with an offense under this
chapter.
(c) This chapter does not impose a liability on an authorized
state, county, or municipal officer engaged in the lawful
performance of the officer's duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 of controlled substances seized during
the preceding month. The agency shall make the report on a form
provided by the director and shall provide the information
required by the form.
(b) The director shall publish an annual summary of all drug
arrests and controlled substances seized in the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 of controlled substances. The director may:
(1) arrange for the exchange of information among government
officials concerning the use and abuse of controlled
substances;
(2) cooperate in and coordinate training programs concerning
controlled substances law enforcement at local and state
levels;
(3) cooperate with the Federal Drug Enforcement
Administration and state agencies by establishing a centralized
unit to accept, catalog, file, and collect statistics,
including records on drug-dependent persons and other
controlled substance law offenders in this state and, except as
provided by Section 481.068, make the information available for
federal, state, and local law enforcement purposes; and
(4) conduct programs of eradication aimed at destroying wild
or illegal growth of plant species from which controlled
substances may be extracted.
(b) In the exercise of regulatory functions under this chapter,
the director may rely on results, information, and evidence
relating to the regulatory functions of this chapter received
from the Federal Drug Enforcement Administration and state
agencies.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER G. THERAPEUTIC RESEARCH PROGRAM
Sec. 481.201. Research Program; Review Board.
(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 to be
conducted in accordance with this chapter.
(b) If the Texas Board of Health establishes the program, the
board shall create a research program review board. The review
board members are appointed by the Texas Board of Health and
serve at the will of the board.
(c) The review board shall be composed of:
(1) a licensed physician certified by the American Board of
Ophthalmology;
(2) a licensed physician certified by the American Board of
Internal Medicine and certified in the subspecialty of medical
oncology;
(3) a licensed physician certified by the American Board of
Psychiatry;
(4) a licensed physician certified by the American Board of
Surgery;
(5) a licensed physician certified by the American Board of
Radiology; and
(6) a licensed attorney with experience in law pertaining to the
practice of medicine.
(d) Members serve without compensation but are entitled to
reimbursement for actual and necessary expenses incurred in
performing official duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 research
programs and persons are most suitable for the therapy and
research purposes of the program. The review board shall approve
the research programs, certify program participants, and conduct
periodic reviews of the research and participants.
(b) The review board, after approval of the Texas Board of
Health, may seek authorization to expand the research program to
include diseases not covered by this subchapter.
(c) The review board shall maintain a record of all persons in
charge of approved research programs and of all persons who
participate in the program as researchers or as patients.
(d) The Texas Board of Health may terminate the distribution of
tetrahydrocannabinols and their derivatives to a research program
as it determines necessary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 recommended to a person
in charge of an approved research program and the review board by
a physician who is licensed by the Texas State Board of Medical
Examiners and is attending the person.
(b) A physician may not recommend a person for the research
program unless the person:
(1) has glaucoma or cancer;
(2) is not responding to conventional treatment for glaucoma
or cancer or is experiencing severe side effects from
treatment; and
(3) has symptoms or side effects from treatment that may be
alleviated by medical use of tetrahydrocannabinols or their
derivatives.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 481.204. Acquisition and Distribution of Controlled Substances.
(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 on
Drug Abuse to receive tetrahydrocannabinols and their derivatives
that are safe for human consumption according to the regulations
adopted by the institute, the Food and Drug Administration, and
the Federal Drug Enforcement Administration.
(b) The Texas Board of Health shall supervise the distribution
of the tetrahydrocannabinols and their derivatives to program
participants. The tetrahydrocannabinols and derivatives of
tetrahydrocannabinols may be distributed only by the person in
charge of the research program to physicians caring for program
participant patients, under rules adopted by the Texas Board of
Health in such a manner as to prevent unauthorized diversion of
the substances and in compliance with all requirements of the
Federal Drug Enforcement Administration. The physician is
responsible for dispensing the substances to patients.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 481.205. Rules; Reports.
(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 under
this subchapter, the commissioner shall publish a report not
later than January 1 of each odd-numbered year on the medical
effectiveness of the use of tetrahydrocannabinols and their
derivatives and any other medical findings of the research
program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989