HEALTH & SAFETY CODE

SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES

CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT

SUBCHAPTER A. GENERAL PROVISIONS

§ 481.001. SHORT TITLE. This chapter may be cited as
the Texas Controlled Substances Act.

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

§ 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, and a dilutant, 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
director 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 beginning 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;
(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; or
(D) an advanced practice nurse or physician
assistant to whom a physician has delegated the authority to carry
out or sign prescription drug orders under Section 157.0511,
157.052, 157.053, 157.054, 157.0541, or 157.0542, Occupations
Code.
(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.
(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) "Chemical precursor" means:
(A) Methylamine;
(B) Ethylamine;
(C) D-lysergic acid;
(D) Ergotamine tartrate;
(E) Diethyl malonate;
(F) Malonic acid;
(G) Ethyl malonate;
(H) Barbituric acid;
(I) Piperidine;
(J) N-acetylanthranilic acid;
(K) Pyrrolidine;
(L) Phenylacetic acid;
(M) Anthranilic acid;
(N) Ephedrine;
(O) Pseudoephedrine;
(P) Norpseudoephedrine; or
(Q) Phenylpropanolamine.
(52) "Department" means the Department of Public
Safety.
(53) "Chemical laboratory apparatus" means any item of
equipment designed, made, or adapted to manufacture a controlled
substance or a controlled substance analogue, including:
(A) a condenser;
(B) a distilling apparatus;
(C) a vacuum drier;
(D) a three-neck or distilling flask;
(E) a tableting machine;
(F) an encapsulating machine;
(G) a filter, Buchner, or separatory funnel;
(H) an Erlenmeyer, two-neck, or single-neck
flask;
(I) a round-bottom, Florence, thermometer, or
filtering flask;
(J) a Soxhlet extractor;
(K) a transformer;
(L) a flask heater;
(M) a heating mantel; or
(N) an adaptor tube.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(b), eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 351, § 27, eff. Sept. 1, 1993; Acts
1993, 73rd Leg., ch. 789, § 15, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 900, § 2.01, eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 745, § 1, 2, eff. Jan. 1, 1998; Acts 1999, 76th Leg.,
ch. 145, § 1, 5(1), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
251, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1188,
§ 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 88, § 9,
eff. May 20, 2003; Acts 2003, 78th Leg., ch. 1099, § 4, eff.
Sept. 1, 2003.

§ 481.003. RULES. (a) The director may adopt rules to
administer and enforce this chapter.
(b) The director by rule shall prohibit a person in this
state, including a person regulated by the Texas Department of
Insurance under the Insurance Code or the other insurance laws of
this state, from using a practitioner's Federal Drug Enforcement
Administration number for a purpose other than a purpose described
by federal law or by this chapter. A person who violates a rule
adopted under this subsection commits a Class C misdemeanor.

Added by Acts 1997, 75th Leg., ch. 745, § 3, eff. Jan. 1, 1998.
Amended by Acts 1999, 76th Leg., ch. 1266, § 1, eff. Sept. 1,
1999.

SUBCHAPTER B. SCHEDULES

 

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998.

§ 481.032. SCHEDULES. (a) The commissioner shall
establish and modify the following schedules of controlled
substances under this subchapter: Schedule I, Schedule II,
Schedule III, Schedule IV, and 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.

Added by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998.
Amended by Acts 2001, 77th Leg., ch. 251, § 2, eff. Sept. 1,
2001.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 532, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 481.037 and
amended by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998.

§ 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 a controlled substance
analogue, chemical precursor, or an immediate precursor of a
substance 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) Repealed by Acts 2003, 78th Leg., ch. 1099, § 17.
(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, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 481.038 and
amended by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998;
Acts 2003, 78th Leg., ch. 1099, § 5, 17, eff. Sept. 1, 2003.

§ 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, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 481.039 and
amended by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998.

§ 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, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 481.040 and
amended by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998.

SUBCHAPTER C. REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSATION OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, AND CHEMICAL LABORATORY APPARATUS

 

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 5, eff. Jan. 1, 1998.

§ 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, a political subdivision of this state or 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 6, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 3, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1420, § 21.001(79), eff. Sept. 1, 2001.

§ 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, § 5.02(e), eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 165, § 6.45, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 745, § 7, eff; Jan. 1,
1998.

§ 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 of a registration under Subsection (e)(2)(A) or (B), (e)(3),
(e)(4), or (e)(9).
(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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(f), eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 790, § 19, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 745, § 8, eff. Jan. 1, 1998; Acts 2001, 77th
Leg., ch. 251, § 4, eff. Sept. 1, 2001.

§ 481.064. REGISTRATION FEES. (a) The director may
charge a nonrefundable fee of not more than $25 before processing an
application for annual registration. The director by rule shall
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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 9, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 5, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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. Chapter 2001, Government Code, does not
apply to a cancellation, suspension, probation, or revocation of a
registration for a cause described by Section 481.063(e)(2)(A) or
(B), (e)(3), (e)(4), or (e)(9).
(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 certified mail, return receipt requested, to the most current
address of the applicant or registrant contained in department
files.
(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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 10, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 6, eff. Sept. 1, 2001.

§ 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.
(b) The pharmacist-in-charge of a pharmacy shall maintain
the records and inventories required by this section.
(c) A record required by this section must be made at the
time of the transaction that is the basis of the record. A record or
inventory required by this section must be kept or maintained for at
least two years after the date the record or inventory is made.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 251, § 7, eff. Sept. 1, 2001.

§ 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 and 481. 075, 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, 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 251, § 8, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(g), eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.03(b), eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 745, § 11, eff. Jan. 1, 1998.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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 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. 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 Subchapter
A, Chapter 562, Occupations Code. 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 251, § 9, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1420, § 14.794, eff. Sept. 1, 2001.

§ 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) dispense a controlled substance if the pharmacist
knows or should have known that the prescription was issued without
a valid patient-practitioner relationship;
(3) fill a prescription that is not prepared or issued
as prescribed by this chapter;
(4) 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
(5) 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 Subsection (o) or Section 481.075(j) or
(m), 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. 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 the seventh day after the date a
prescribing practitioner authorizes 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 the seventh day
after the date 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 and shall send information to the director as required by

Section 481.075.
(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 before 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" is
considered to have been filled in violation of this chapter. 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. Before any subsequent partial filling, the pharmacist
must determine that the additional partial filling is necessary.
The total quantity of Schedule II controlled substances dispensed
in all partial fillings may 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 are valid for a period not to exceed 60 days
following 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.
(o) A pharmacist may dispense a Schedule II controlled
substance pursuant to a facsimile copy of an official prescription
completed in the manner required by Section 481.075 and transmitted
by the practitioner or the practitioner's agent to the pharmacy if:
(1) the prescription is written for:
(A) a Schedule II narcotic or nonnarcotic
substance for a patient in a long-term care facility (LTCF), and the
practitioner notes on the prescription "LTCF patient";
(B) a Schedule II narcotic product to be
compounded for the direct administration to a patient by
parenteral, intravenous, intramuscular, subcutaneous, or
intraspinal infusion; or
(C) a Schedule II narcotic substance for a
patient with a medical diagnosis documenting a terminal illness or
a patient enrolled in a hospice care program certified or paid for
by Medicare under Title XVIII, Social Security Act (42 U.S.C.
Section 1395 et seq.), as amended, or a hospice program that is
licensed under Chapter 142, and the practitioner or the
practitioner's agent notes on the prescription "terminally ill" or
"hospice patient"; and
(2) the prescribing practitioner promptly complies
with Subsection (p).
(p) Not later than the seventh day after the date a
prescribing practitioner transmits the facsimile copy of the
official prescription to the pharmacy, the prescribing
practitioner shall deliver in person or mail the official written
prescription 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 the seventh day
after the date the official prescription was written. On receipt of
the prescription, the dispensing pharmacy shall file the facsimile
copy of the prescription with the official prescription and shall
send information to the director as required by Section 481.075.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(h), eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 615, § 10, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 761, § 6, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 351, § 28, eff. Sept. 1, 1993; Acts 1993, 73rd
Leg., ch. 789, § 16, eff. Sept. 1, 1993; Acts 1997, 75th Leg.,
ch. 745, § 12, 13, eff. Jan. 1, 1998; Acts 1999, 76th Leg., ch.
145, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 251, §
10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1254, § 10,
eff. Sept. 1, 2001.

§ 481.075. OFFICIAL PRESCRIPTION PROGRAM. (a) A
practitioner who prescribes a controlled substance listed in
Schedule II shall, except as provided by rule adopted under Section
481.0761, record the prescription on an official prescription form
that includes the information required by this section.
(b) Each official prescription form must be sequentially
numbered.
(c) The director shall issue official prescription forms to
practitioners for a fee covering the actual cost of printing,
processing, and mailing the forms at 100 a package. Before mailing
or otherwise delivering prescription forms to a practitioner, the
director shall print on each form the number of the form and any
other information the director determines is necessary.
(d) A person may not obtain an official prescription form
unless the person is a practitioner as defined by Section
481.002(39)(A) or an institutional practitioner.
(e) Each official 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, department
registration number, and Federal Drug Enforcement Administration
number; and
(F) the name, address, and date of birth or age 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 an oral prescription 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 practitioner 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 or
another form approved by the director not later than the 15th day
after the last day of the month in which the prescription is
completely filled.
(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 official
prescription forms in the practitioner's possession that have not
been used for prescriptions.
(l) Each prescribing practitioner:
(1) may use an official prescription form 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 an official prescription form 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 share of the pharmacy's business involves the
dispensing and delivery or 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) Repealed by Acts 1999, 76th Leg., ch. 145, § 5(2),
eff. Sept. 1, 1999.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(i), eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 789, § 17, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 745, § 14, eff. Jan. 1, 1998; Acts 1999,
76th Leg., ch. 145, § 3, 5(2), eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 251, § 11, eff. Sept. 1, 2001.

§ 481.076. OFFICIAL PRESCRIPTION INFORMATION. (a) The
director may not permit any person to have access to information
submitted to the director under Section 481.075 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.
(h) If the director withholds notification to an agency
under Subsection (f), 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) Repealed by Acts 1999, 76th Leg., ch. 145, § 5(3),
eff. Sept. 1, 1999.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1995, 74th Leg., ch. 965, § 81, eff. June 16, 1995; Acts
1997, 75th Leg., ch. 745, § 15, eff. Jan. 1, 1998; Acts 1999,
76th Leg., ch. 145, § 4, 5(3), eff. Sept. 1, 1999.

§ 481.0761. RULES; AUTHORITY TO CONTRACT. (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) Repealed by Acts 1999, 76th Leg., ch. 145, § 5(4),
eff. Sept. 1, 1999.

Added by Acts 1997, 75th Leg., ch. 745, § 16, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 145, § 5(4), eff. Sept. 1,
1999.

§ 481.077. CHEMICAL PRECURSOR RECORDS AND
REPORTS. (a) Except as provided by Subsection (l), a person who
sells, transfers, or otherwise furnishes a chemical precursor to
another person shall make an accurate and legible record of the
transaction and maintain the record for at least two years after the
date of the transaction.
(b) The director by rule may:
(1) name an additional chemical substance as a
chemical precursor for purposes of Subsection (a) if the director
determines that public health and welfare are jeopardized by
evidenced proliferation or use of the chemical substance in the
illicit manufacture of a controlled substance or controlled
substance analogue; or
(2) exempt a chemical precursor from the requirements
of Subsection (a) if the director determines that the chemical
precursor does not jeopardize public health and welfare or is not
used in the illicit manufacture of a controlled substance or a
controlled substance analogue.
(b-1) If the director names a chemical substance as a
chemical precursor for purposes of Subsection (a) or designates a
substance as an immediate precursor, a substance that is a
precursor of the chemical precursor or the immediate precursor is
not subject to control solely because it is a precursor of the
chemical precursor or the immediate precursor.
(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 chemical precursor 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
certificate issued by the department 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 chemical
precursor 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 chemical precursor 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 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 chemical precursor
subject to Subsection (a) shall submit, at least 21 days before the
delivery of the chemical precursor, 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 chemical precursor 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 chemical
precursor 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 chemical precursor between the furnisher and the recipient;
or
(2) the recipient has established a record of use of
the chemical precursor solely for a lawful purpose.
(i) A manufacturer, wholesaler, retailer, or other person
who receives from a source outside this state a chemical precursor
subject to Subsection (a) or who discovers a loss or theft of a
chemical precursor 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
chemical precursor actually received and the amount of the chemical
precursor 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 chemical precursor, include the name of the common
carrier or person who transported the chemical precursor and the
date that the chemical precursor 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
chemical precursor subject to Subsection (a) or a permit holder,
commercial purchaser, or other person who receives a chemical
precursor subject to Subsection (a):
(1) shall maintain records and inventories in
accordance with rules established by the director;
(2) shall allow a member of the department 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:
(1) includes:
(A) ephedrine;
(B) pseudoephedrine;
(C) norpseudoephedrine; or
(D) phenylpropanolamine; and
(2) is sold with a prescription or over the counter in
accordance with a federal statute or rule.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(k), eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 745, § 17, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 12, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 570, § 1, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1099, § 6, eff. Sept. 1, 2003.

§ 481.078. CHEMICAL PRECURSOR TRANSFER PERMIT. (a) A
person must obtain a chemical precursor transfer permit from the
department to be eligible:
(1) to sell, transfer, or otherwise furnish a chemical
precursor subject to Section 481.077(a) to a person in this state;
(2) to receive a chemical precursor subject to Section
481.077(a) from a source outside this state; or
(3) to receive a chemical precursor subject to Section
481.077(a) if the person, in receiving the chemical precursor, 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 precursor; or
(2) a permit for more than one sale, transfer,
receipt, or otherwise furnishing of a chemical 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, § 5.02(l), eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 745, § 18, eff. Jan.
1, 1998; Acts 2001, 77th Leg., ch. 251, § 13, eff. Sept. 1, 2001.

§ 481.080. CHEMICAL LABORATORY APPARATUS RECORD-KEEPING
REQUIREMENTS AND PENALTIES. (a) A manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise
furnishes a chemical laboratory apparatus shall make an accurate
and legible record of the transaction and maintain the record for at
least two years after the date of the transaction.
(b) The director may adopt rules to implement this section.
(c) The director by rule may:
(1) name an additional item of equipment as a 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 the item of equipment in the
illicit manufacture of a controlled substance or controlled
substance analogue; or
(2) exempt a chemical laboratory apparatus from the
requirement of 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.
(d) This section and Section 481.081 do not apply to a
person to whom a registration has been issued under Section
481.063.
(e) Before selling, transferring, or otherwise furnishing
to a person in this state a chemical laboratory 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
certificate issued by the department 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.
(f) 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 under Section 481.081.
(g) Except as provided by Subsection (i), a manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes to a person in this state a chemical laboratory
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 (e).
(h) The director shall supply to a manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes a chemical laboratory apparatus subject to
Subsection (a) a form for the submission of:
(1) the report required by Subsection (g);
(2) the name and number of apparatus delivered; and
(3) any other information required by the director.
(i) The director may authorize a manufacturer, wholesaler,
retailer, or other person to submit a comprehensive monthly report
instead of the report required by Subsection (g) 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.
(j) A manufacturer, wholesaler, retailer, or other person
who receives from a source outside this state a chemical laboratory
apparatus subject to Subsection (a) or who discovers a loss or theft
of such an apparatus 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.
(k) A report under Subsection (j) 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.
(l) This subsection applies to a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise
furnishes any chemical laboratory apparatus subject to Subsection
(a) and to a permit holder, commercial purchaser, or other person
who receives such an apparatus 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 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, § 5.02(l), eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 745, § 19, eff. Jan.
1, 1998; Acts 2001, 77th Leg., ch. 251, § 14, eff. Sept. 1, 2001.

§ 481.081. CHEMICAL LABORATORY APPARATUS TRANSFER
PERMIT. (a) A person must obtain a chemical laboratory apparatus
transfer permit from the department to be eligible:
(1) to sell, transfer, or otherwise furnish an
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, § 5.02(l), eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 745, § 20, eff. Jan.
1, 1998; Acts 2001, 77th Leg., ch. 251, § 15, eff. Sept. 1, 2001.

SUBCHAPTER D. OFFENSES AND PENALTIES

 

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(n), eff. Sept. 1, 1989.

§ 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;
Dihydroetorphine;
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-phenylpropanamide);
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-piperidinyl]-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;
Remifentanil; and
Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
piperidinyl]- propanamide);
(5) Flunitrazepam ( trade or other name: 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;
(9) Gamma hydroxybutyric acid (some trade or other
names: gamma hydroxybutyrate, GHB), including its salts; and
(10) Ketamine.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(n), eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 761, § 1, eff. Sept. 1, 1991. Amended
by Acts 1997, 75th Leg., ch. 745, § 21, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 16, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 459, § 1, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 1099, § 7, eff. Sept. 1, 2003.

§ 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, § 22, eff. Jan. 1, 1998.

§ 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 ( trade or
other name : DOET);
2, 5-dimethoxy-4-(n)-propylthiophenethylamine
(trade or other name: 2C-T-7);
Dimethyltryptamine ( trade or other name : 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,d]pyran-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-dibenzo[b,d] pyran-9-one;
N-benzylpiperazine (some trade or other names:
BZP; 1-benzylpiperazine);
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-pyrrolidine (some trade or other name : TCPy);
1-(3-trifluoromethylphenyl)piperazine (trade or
other name: TFMPP); 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, § 23, eff. Jan. 1,
1998; Acts 2001, 77th Leg., ch. 251, § 17, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1099, § 8, eff. Sept. 1, 2003.

§ 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 described 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;
Zaleplon; 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;
Modafinil;
Pemoline (including organometallic complexes and
their chelates);
Phendimetrazine;
Phentermine;
Pipradrol;
Sibutramine; 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-propionoxybutane); 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, § 24, eff. Jan. 1,
1998; Acts 2001, 77th Leg., ch. 251, § 18, eff. Sept. 1, 2001.

§ 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 any quantity of the narcotic drug
Buprenorphine or Butorphanol or a salt of either; 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, § 25, eff. Jan. 1,
1998; Acts 2001, 77th Leg., ch. 251, § 19, eff. Sept. 1, 2001.

§ 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE
ANALOGUE. For the purposes of the prosecution of an offense under
this subchapter involving the manufacture, delivery, or possession
of a controlled substance, Penalty Groups 1, 1-A, and 2 include a
controlled substance analogue that:
(1) has a chemical structure substantially similar to
the chemical structure of a controlled substance listed in the
applicable penalty group; or
(2) is specifically designed to produce an effect
substantially similar to, or greater than, a controlled substance
listed in the applicable penalty group.

Added by Acts 2003, 78th Leg., ch. 1099, § 9, eff. Sept. 1, 2003.

 

§ 481.108. PREPARATORY OFFENSES. Title 4, Penal Code,
applies to an offense under this chapter.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 318, § 36, eff. Sept. 1, 1995.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.03(d), eff. Sept. 1, 1989.

§ 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF
SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this
chapter, a person commits an offense if the person knowingly
manufactures, delivers, or possesses with intent to deliver a
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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994;
Acts 2001, 77th Leg., ch. 1188, § 2, eff. Sept. 1, 2001.

§ 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF
SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this
chapter, a person commits an offense if the person knowingly
manufactures, delivers, or possesses with intent to deliver a
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, § 26, eff. Jan. 1, 1998.
Amended by Acts 2001, 77th Leg., ch. 1188, § 3, eff. Sept. 1,
2001.

§ 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
manufactures, delivers, or possesses with intent to 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994;
Acts 2001, 77th Leg., ch. 1188, § 4, eff. Sept. 1, 2001.

§ 481.114. OFFENSE: MANUFACTURE OR DELIVERY OF
SUBSTANCE IN PENALTY GROUP 3 OR 4. (a) Except as authorized by
this chapter, a person commits an offense if the person knowingly
manufactures, delivers, or possesses with intent to deliver a
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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994;
Acts 2001, 77th Leg., ch. 1188, § 5, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994.

§ 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, § 26, eff. Jan. 1, 1998.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994.

§ 481.119. OFFENSE: MANUFACTURE, DELIVERY, OR
POSSESSION OF MISCELLANEOUS SUBSTANCES. (a) A person commits an
offense if the person knowingly manufactures, delivers, or
possesses with intent to deliver a controlled substance listed in a
schedule 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 1188, § 6, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994.

§ 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR
MARIHUANA TO CHILD. (a) A person commits an offense if the person
knowingly delivers a controlled substance listed in Penalty Group
1, 1-A, 2, or 3 or knowingly delivers marihuana and the person
delivers the controlled substance or marihuana to a person:
(1) who is a child;
(2)who is enrolled in a public or private primary or
secondary school; or
(3) who the actor knows or believes intends to deliver
the controlled substance or marihuana to a person described by
Subdivision (1) or (2).
(b) It is an affirmative defense to prosecution under this
section that:
(1) the actor was a child when the offense was
committed; or
(2) the actor:
(A) was younger than 21 years of age when the
offense was committed;
(B) delivered only marihuana in an amount equal
to or less than one-fourth ounce; and
(C) did not receive remuneration for the
delivery.
(c) An offense under this section is a felony of the second
degree.
(d) In this section, "child" means a person younger than 18
years of age.
(e) If conduct that is an offense under this section is also
an offense under another section of this chapter, the actor may be
prosecuted under either section or both.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 745, § 27, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 20, eff. Sept. 1, 2001.

§ 481.123. DEFENSE TO PROSECUTION FOR OFFENSE INVOLVING
CONTROLLED SUBSTANCE ANALOGUE. (a) It is an affirmative defense
to the prosecution of an offense under this subchapter involving
the manufacture, delivery, or possession of a controlled substance
analogue that the analogue:
(1) was not in any part intended for human
consumption;
(2) was 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); or
(3) was 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), if the
actor's conduct with respect to the substance is in accord with the
exemption.
(b) 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.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 28, eff. Jan. 1, 1998; Acts
2003, 78th Leg., ch. 1099, § 10, eff. Sept. 1, 2003.

§ 481.124. OFFENSE: POSSESSION OR TRANSPORT OF CERTAIN
CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE. (a) A
person commits an offense if, with intent to unlawfully manufacture
a controlled substance, the person possesses or transports:
(1) anhydrous ammonia;
(2) an immediate precursor; or
(3) a chemical precursor or an additional chemical
substance named as a precursor by the director under Section
481.077(b)(1).
(b) For purposes of this section, an intent to unlawfully
manufacture the controlled substance methamphetamine is presumed
if the actor possesses or transports:
(1) anhydrous ammonia in a container or receptacle
that is not designed and manufactured to lawfully hold or transport
anhydrous ammonia;
(2) lithium metal removed from a battery and immersed
in kerosene, mineral spirits, or similar liquid that prevents or
retards hydration; or
(3) in one container, vehicle, or building,
phenylacetic acid, or more than nine grams, three containers
packaged for retail sale, or 300 tablets or capsules of a product
containing ephedrine or pseudoephedrine, and:
(A) anhydrous ammonia;
(B) at least three of the following categories of
substances commonly used in the manufacture of methamphetamine:
(i) lithium or sodium metal or red
phosphorus, iodine, or iodine crystals;
(ii) lye, sulfuric acid, hydrochloric acid,
or muriatic acid;
(iii) an organic solvent, including ethyl
ether, alcohol, or acetone;
(iv) a petroleum distillate, including
naphtha, paint thinner, or charcoal lighter fluid; or
(v) aquarium, rock, or table salt; or
(C) at least three items of equipment subject to
regulation under Section 481.080, if the person is not registered
under Section 481.063.
(c) For purposes of this section, a substance is presumed to
be anhydrous ammonia if the substance is in a container or
receptacle that is:
(1) designed and manufactured to lawfully hold or
transport anhydrous ammonia; or
(2) not designed and manufactured to lawfully hold or
transport anhydrous ammonia, if:
(A) a properly administered field test of the
substance using a testing device or instrument designed and
manufactured for that purpose produces a positive result for
anhydrous ammonia; or
(B) a laboratory test of a water solution of the
substance produces a positive result for ammonia.
(d) An offense under this section is:
(1) a felony of the second degree if the controlled
substance is listed in Penalty Group 1 or 1-A;
(2) a felony of the third degree if the controlled
substance is listed in Penalty Group 2;
(3) a state jail felony if the controlled substance is
listed in Penalty Group 3 or 4; or
(4) a Class A misdemeanor if the controlled substance
is listed in a schedule by an action of the commissioner under this
chapter but not listed in a penalty group.
(e) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
(f) This section does not apply to a chemical precursor
exempted by the director under Section 481.077(b)(2) from the
requirements of that section.

Added by Acts 2001, 77th Leg., ch. 1188, § 7, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 570, § 2, eff. Sept. 1,
2003.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994.

§ 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
INVESTMENT. (a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the institutional division of the
Texas Department of Criminal Justice for life;
(2) barters property or expends funds the person knows
are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(5);
(3) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense for which the punishment is described by Subdivision
(1); or
(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(5).
(b) An offense under Subsection (a)(1) or (3) is a felony of
the first degree. An offense under Subsection (a)(2) or (4) is a
felony of the second degree.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 318, § 37, eff. Sept. 1, 1995; Acts
2001, 77th Leg., ch. 251, § 21, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 712, § 1, eff. Sept. 1, 2003.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 745, § 29, eff. Jan. 1, 1998.

§ 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 an
official prescription form without the approval of the director;
(5) delivers or possesses a counterfeit official
prescription form;
(6) refuses an entry into a premise for an inspection
authorized by this chapter;
(7) refuses or fails to return an official
prescription form 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, § 2.02, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 745, § 30, eff. Jan. 1, 1998;
Acts 2001, 77th Leg., ch. 251, § 22, eff. Sept. 1, 2001.

§ 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) issues a prescription bearing a forged or
fictitious signature;
(4) uses a prescription issued to another person to
prescribe a Schedule II controlled substance;
(5) possesses, obtains, or attempts to possess or
obtain a controlled substance or an increased quantity of 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
(6) 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(p), eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1, 1994; Acts
1997, 75th Leg., ch. 745, § 31, eff. Jan. 1, 1998; Acts 2001,
77th Leg., ch. 251, § 23, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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, § 2, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 900, § 2.02, eff. Sept. 1,
1994.

§ 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, § 1, eff. Sept. 1, 1991.
Renumbered from V.T.C.A., Health & Safety Code § 481.131 by Acts
1991, 72nd Leg., 1st C.S., ch. 14, § 8.01(17a), eff. Nov. 12,
1991.

§ 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, § 1, eff. Sept. 1, 1991.
Renumbered from V.T.C.A., Health & Safety Code § 481.131 by Acts
1991, 72nd Leg., 1st C.S., ch. 14, § 8.01(17b), eff. Nov. 12,
1991.

§ 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, the
premises of a public or private youth center, or a playground; or
(2) in, on, or within 300 feet of the premises of a
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 a public or private youth center; 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 the
premises of a public or private youth center; 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 the
premises of a public or private youth center; 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 the
premises of a public or private youth center; 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, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 260, § 39, eff. May 30,
1995; Acts 1995, 74th Leg., ch. 318, § 38, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1063, § 9, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 570, § 3, eff. Sept. 1, 2003.

§ 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, § 3, eff. Sept. 1, 1993.

§ 481.136. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
CHEMICAL PRECURSOR. (a) A person commits an offense if the person
sells, transfers, furnishes, or receives a chemical precursor
subject to Section 481.077(a) and the person:
(1) does not hold a chemical 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, § 32, eff. Jan. 1, 1998.
Amended by Acts 2001, 77th Leg., ch. 251, § 24, eff. Sept. 1,
2001.

§ 481.137. OFFENSE: TRANSFER OF PRECURSOR SUBSTANCE FOR
UNLAWFUL MANUFACTURE. (a) A person commits an offense if the
person sells, transfers, or otherwise furnishes a chemical
precursor subject to Section 481.077(a) with the knowledge or
intent that the recipient will use the chemical precursor 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, § 32, eff. Jan. 1, 1998.
Amended by Acts 2001, 77th Leg., ch. 251, § 25, eff. Sept. 1,
2001.

§ 481.138. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
CHEMICAL LABORATORY APPARATUS. (a) A person commits an offense
if the person sells, transfers, furnishes, or receives a chemical
laboratory apparatus subject to Section 481.080(a) and the person:
(1) does not have a chemical laboratory 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, § 32, eff. Jan. 1, 1998.
Amended by Acts 2001, 77th Leg., ch. 251, § 26, eff. Sept. 1,
2001.

§ 481.139. OFFENSE: TRANSFER OF CHEMICAL LABORATORY
APPARATUS FOR UNLAWFUL MANUFACTURE. (a) A person commits an
offense if the person sells, transfers, or otherwise furnishes a
chemical laboratory apparatus with the knowledge or intent that the
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, § 32, eff. Jan. 1, 1998.
Amended by Acts 2001, 77th Leg., ch. 251, § 27, eff. Sept. 1,
2001.

§ 481.140. USE OF CHILD IN COMMISSION OF
OFFENSE. (a) If it is shown at the punishment phase of the trial
of an offense otherwise punishable as a state jail felony, felony of
the third degree, or felony of the second degree under Section
481.112, 481.1121, 481.113, 481.114, 481.120, or 481.122 that the
defendant used or attempted to use a child younger than 18 years of
age to commit or assist in the commission of the offense, the
punishment is increased by one degree, unless the defendant used or
threatened to use force against the child or another to gain the
child's assistance, in which event the punishment for the offense
is a felony of the first degree.
(b) Notwithstanding Article 42.08, Code of Criminal
Procedure, if punishment for a defendant is increased under this
section, the court may not order the sentence for the offense to run
concurrently with any other sentence the court imposes on the
defendant.

Added by Acts 2001, 77th Leg., ch. 786, § 1, eff. June 14, 2001.

§ 481.141. MANUFACTURE OR DELIVERY OF CONTROLLED
SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. (a) If at the
guilt or innocence phase of the trial of an offense described by
Subsection (b), the judge or jury, whichever is the trier of fact,
determines beyond a reasonable doubt that a person died or suffered
serious bodily injury as a result of injecting, ingesting,
inhaling, or introducing into the person's body any amount of the
controlled substance manufactured or delivered by the defendant,
regardless of whether the controlled substance was used by itself
or with another substance, including a drug, adulterant, or
dilutant, the punishment for the offense is increased by one
degree.
(b) This section applies to an offense otherwise punishable
as a state jail felony, felony of the third degree, or felony of the
second degree under Section 481.112, 481.1121, 481.113, 481.114, or
481.122.
(c) Notwithstanding Article 42.08, Code of Criminal
Procedure, if punishment for a defendant is increased under this
section, the court may not order the sentence for the offense to run
concurrently with any other sentence the court imposes on the
defendant.

Added by Acts 2003, 78th Leg., ch. 712, § 2, eff. Sept. 1, 2003.

SUBCHAPTER E. FORFEITURE

 

§ 481.151. DEFINITIONS. In this subchapter:
(1) "Controlled substance property" means a
controlled substance, mixture containing a controlled substance,
controlled substance analogue, counterfeit controlled substance,
drug paraphernalia, chemical precursor, chemical laboratory
apparatus, or raw material.
(2) "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, § 1, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 251, § 28, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 141, § 1, eff. Sept. 1, 1991.

§ 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, § 1, eff. Sept. 1,
1991.

§ 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, § 1, eff. Sept. 1,
1991.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., 1st C.S., ch. 12, § 5(a), eff. Oct. 18,
1989; Acts 1991, 72nd Leg., ch. 141, § 1, eff. Sept. 1, 1991.

§ 481.160. DESTRUCTION OF EXCESS QUANTITIES. (a) If a
controlled substance property or plant is forfeited under this code
or under Chapter 59, Code of Criminal Procedure, the law
enforcement agency 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 depict 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) If hazardous waste, residuals, contaminated glassware,
associated equipment, or by-products from illicit chemical
laboratories or similar operations that create a health or
environmental hazard or are not capable of being safely stored are
forfeited, those items may be disposed of under Subsection (a) or
may be seized and summarily forfeited and destroyed by a law
enforcement agency without a court order before the disposition of
a case arising out of the forfeiture 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 depict 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(r), eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 14, § 199, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 141, § 1, eff. Sept; 1, 1991; Acts 1991,
72nd Leg., ch. 285, § 2, eff. Sept. 1, 1991; Acts 1997, 75th
Leg., ch. 745, § 33, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch.
251, § 29, eff. Sept. 1, 2001.

SUBCHAPTER F. INSPECTIONS, EVIDENCE, AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS

 

§ 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. For purposes of this subsection,
"reasonable time" means any time during the normal business hours
of the person or activity regulated under this chapter or any time
an activity regulated under this chapter is occurring on the
premises. The director shall:
(1) state the purpose of the entry;
(2) display to the owner, operator, or agent in charge
of the premises appropriate credentials; and
(3) deliver to the owner, operator, or agent in charge
of the premises 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, intended 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 1099, § 11, eff. Sept. 1, 2003.

§ 481.182. EVIDENTIARY RULES RELATING TO OFFER OF
DELIVERY. For the purpose of establishing a delivery under this
chapter, proof of an offer to sell must be corroborated by:
(1) a person other than the person to whom the offer is
made; or
(2) evidence other than a statement of the person to
whom the offer is made.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 1099, § 12, eff. Sept. 1, 2003.

§ 481.183. EVIDENTIARY RULES RELATING TO DRUG
PARAPHERNALIA. (a) In considering whether an item is drug
paraphernalia under this chapter, a court or other authority shall
consider, in addition to all other logically 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.
(b) 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 1099, § 13, eff. Sept. 1, 2003.

§ 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 official duties.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 1099, § 14, eff. Sept. 1, 2003.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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 or a
state agency.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 1099, § 15, eff. Sept. 1, 2003.

SUBCHAPTER G. THERAPEUTIC RESEARCH PROGRAM

 

§ 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, § 1, eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989.

 

 

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