CHAPTER 482.  SIMULATED CONTROLLED SUBSTANCES

Sec. 482.001.  Definitions.

         In this chapter:

                       (1) "Controlled substance" has the meaning assigned by
         Section 481.002 (Texas Controlled Substances Act).

                       (2) "Deliver" means to transfer, actually or constructively,
         from one person to another a simulated controlled substance,
         regardless of whether there is an agency relationship.  The
         term includes offering to sell a simulated controlled
         substance.

                       (3) "Manufacture" means to make a simulated controlled
         substance and includes the preparation of the substance in
         dosage form by mixing, compounding, encapsulating, tableting,
         or any other process.

                       (4) "Simulated controlled substance" means a substance that
         is purported to be a controlled substance, but is chemically
         different from the controlled substance it is purported to be.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 482.002.  Unlawful Delivery or Manufacture with Intent to Deliver;
Criminal Penalty.

         (a) A person commits an offense if the person knowingly or
intentionally manufactures with the intent to deliver or delivers
a simulated controlled substance and the person:

                       (1) expressly represents the substance to be a controlled
         substance;

                       (2) represents the substance to be a controlled substance in
         a manner that would lead a reasonable person to believe that
         the substance is a controlled substance; or

                       (3) states to the person receiving or intended to receive
         the simulated controlled substance that the person may
         successfully represent the substance to be a controlled
         substance to a third party.

         (b) It is a defense to prosecution under this section that the
person manufacturing with the intent to deliver or delivering the
simulated controlled substance was:

                       (1) acting in the discharge of the person's official duties
         as a peace officer;

                       (2) manufacturing the substance for or delivering the
         substance to a licensed medical practitioner for use as a
         placebo in the course of the practitioner's research or
         practice; or

                       (3) a licensed medical practitioner, pharmacist, or other
         person authorized to dispense or administer a controlled
         substance, and the person was acting in the legitimate
         performance of the person's professional duties.

         (c) It is not a defense to prosecution under this section that
the person manufacturing with the intent to deliver or delivering
the simulated controlled substance believed the substance to be a
controlled substance.

         (d) 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. 2.03, eff. Sept.
1, 1994.

Sec. 482.003.  Evidentiary Rules.

         (a) In determining whether a person has represented a simulated
controlled substance to be a controlled substance in a manner
that would lead a reasonable person to believe the substance was
a controlled substance, a court may consider, in addition to all
other logically relevant factors, whether:

                       (1) the simulated controlled substance was packaged in a
         manner normally used for the delivery of a controlled
         substance; 

                       (2) the delivery or intended delivery included an exchange
         of or demand for property as consideration for delivery of the
         substance and the amount of the consideration was substantially
         in excess of the reasonable value of the simulated controlled
         substance; and

                       (3) the physical appearance of the finished product
         containing the substance was substantially identical to a
         controlled substance.

         (b) Proof of an offer to sell a simulated controlled substance
must be corroborated by a person other than the offeree or by
evidence other than a statement of the offeree.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 482.004.  Summary Forfeiture.

         A simulated controlled substance seized as a result of an
offense under this chapter is subject to summary forfeiture and
to destruction or disposition in the same manner as is a
controlled substance property under Subchapter E, Chapter 481.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 3, eff. Sept. 1,
1991.

Sec. 482.005.  Preparatory Offenses.

         Title 4, Penal Code, applies to an offense under this chapter.

Added by Acts 1995, 74th Leg., ch. 318, Sec. 39, eff. Sept. 1,
1995