Controlled Substance Act

•Diversion to another (Black market sales)

3rd Deg. Felony

What are the methods of drug abuse?

Injection Inhalation Ingestion

Delivery of Controlled Substance or Marihuana to Minor cont.

•(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.

481.134-DRUG FREE ZONESSYNTHETIC CANNABINOID

•Enhancements for Drug Free Zones •Enhancement starts at 3rd Degree for Possession (5-50 pounds) (481.1161) •Enhancement starts at less than a GRAM for delivery (State Jail-481.113)

Diversion

•Senate Bill 158 Creates New Offense • • •Criminalizes "Conversion" or "Diversion" of Controlled Substances by persons who access due to nature of their Employment or Profession

Controlled Substance

•drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Groups 1, 1-A, or 2, 2-A through 4. • •The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.

Deliver 483.001

•means to sell, dispense, give away, or supply in any other manner.

Manufacture of Dangerous Drug 483.043

•person commits an offense if the person manufactures a dangerous drug and the person is not authorized by law to manufacture the drug. • •(b) An offense under this section is a state jail felony.

Possession or Delivery of Drug Paraphernalia-481.125

-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. -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.

Conversion for person's own use

State Jail Felony

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.

UNDER PX FRAUD-481.129

• "Dr. Shopping"- Crooks seek out multiple doctors to prescribe excessive amounts of certain controlled substances (Hydrocodone, Xanax, Soma) •Attempts to criminalize fraudulent misrepresentations after first doctor gives Px •Includes language of attempting to obtain Px for controlled substances "not medically necessary"

Fraud 481.129

• (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. •(a-1) A person commits an offense if the person, with intent to obtain a controlled substance or combination of controlled substances that is not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact. For purposes of this subsection, a material fact includes whether the person has an existing prescription for a controlled substance issued for the same period of time by another practitioner. • •(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. • •(d-1) An offense under Subsection (a-1) is: •(1) a felony of the second degree if any controlled substance that is the subject of the offense is listed in Schedule I or II; •(2) a felony of the third degree if any controlled substance that is the subject of the offense is listed in Schedule III or IV; and •(3) a Class A misdemeanor if any 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.

Falsification of Drug Test Results-481.133

•(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.

Forging or Altering Prescription 483.045

•(a) A person commits an offense if the person: • •(1) forges a prescription or increases the prescribed quantity of a dangerous drug in a prescription; • •(2) issues a prescription bearing a forged or fictitious signature; • •(3) obtains or attempts to obtain a dangerous drug by using a forged, fictitious, or altered prescription; • •(4) obtains or attempts to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or • •(5) possesses a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call. • •(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.

481.152 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 summarily 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.

Evidentiary Rules Relating to Drug Paraphernalia-481.183

•(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.

Diversion of Controlled Substance by Registrants, Dispensers and Certain other Persons-481.1285

•(a) This section applies only to a registrant, a dispenser, or a person who, pursuant to Section 481.062(a)(1) or (2), is not required to register under this subchapter. •(b) A person commits an offense if the person knowingly: •(1) converts to the person's own use or benefit a controlled substance to which the person has access by virtue of the person's profession or employment; or •(2) diverts to the unlawful use or benefit of another person a controlled substance to which the person has access by virtue of the person's profession or employment. •(c) An offense under Subsection (b)(1) is a state jail felony. An offense under Subsection (b)(2) is a felony of the third degree. •(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Evidentiary Rules §482.003Simulated Controlled Substance

•(a) in determining whether a person has represented a simulated controlled substance (SCS) to be a controlled substance (CS) in a manner that would lead a reasonable person to believe the substance was a (CS), a court may consider, in addition to all other logically relevant factors, whether: •(1) how the SCS was packaged •(2) if the price of the SCS was substantially in excess of the value of the SCS •(3) the physical appearance of the SCS •(b) proof of the offer to sell must be corroborated by a 3rd person.

Commercial Matters-481.128

•) 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. •) 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.

Evidentiary Rules §482.003Simulated Controlled Substance

•) in determining whether a person has represented a simulated controlled substance (SCS) to be a controlled substance (CS) in a manner that would lead a reasonable person to believe the substance was a (CS), a court may consider, in addition to all other logically relevant factors, whether: •(1) how the SCS was packaged •(2) if the price of the SCS was substantially in excess of the value of the SCS •(3) the physical appearance of the SCS •(b) proof of the offer to sell must be corroborated by a 3rd person.

Illegal Barter, Expenditure, or Investment -481.126

•1) barters property or expends funds the person knows are derived from the commission of an offense under this chapter punishable by imprisonment 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.

481.129 (D-1)

•2nd Degree Felony if Schedule I or II •heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine ("ecstasy"). •amphetamine (Dexedrine®, Adderall®), methamphetamine (Desoxyn®), and methylphenidate (Ritalin®), Methadone •3rd Degree Felony if Schedule III or IV •hydrocodone (Vicodin®) and products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with codeine®);Suboxone® and Subutex® used to treat opioid addiction. •Examples of schedule III non-narcotics include benzphetamine (Didrex®), phendimetrazine, ketamine, and anabolic steroids such as oxandrolone (Oxandrin®). •alprazolam (Xanax®), clonazepam (Klonopin®), clorazepate (Tranxene®), diazepam (Valium®), lorazepam (Ativan®), midazolam (Versed®), temazepam (Restoril®), and triazolam (Halcion®).

481.074-481.076

•481.074-Accomodates use of Electronic Px for Schedule II controlled substances (Methadone, Oxycodone, Amphetamines ) •Must report Px info to DPS 7th Day after filling

Procedures for Seizure/Destruction of Controlled Substances & Related Items

•481.152 - controlled substance plants are subject to seizure and summary forfeiture to the state if: • •481.153 - controlled substance property is subject to summary destruction • •481.159 - process required for disposition of the controlled substance property or plant

Uncorroborated Testimony 483.001

•A conviction under this chapter may be obtained on the uncorroborated testimony of a party to the offense. • •Compare to CCP 38.14 - accomplice testimony rule • & 38.141 - undercover officer okay but CI is not without corroboration.

Delivery or Offer of Delivery of Dangerous Drug 483.042

•A person commits an offense if the person delivers or offers to deliver a dangerous drug: • •UNLESS-See Exceptions under 483.042 (a (1 & 2)(Pharmacist or Prescription issued by a practitioner) • •An offense under this section is a state jail felony

Delivery of Controlled Substance or Marihuana to Minor

•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).

Unauthorized Disclosure of Information-481.127

•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.

Possession of Dangerous Drug 483.041

•A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist acting in the manner described by Section 483.042(a)(1) or a practitioner acting in the manner described by Section 483.042(a)(2). •(b) Except as permitted by this chapter, a person commits an offense if the person possesses a dangerous drug for the purpose of selling the drug. • •(c) Subsection (a) does not apply to the possession of a dangerous drug in the usual course of business or practice or in the performance of official duties by the following persons or an agent or employee of the person: (SEE Statute, Exemptions 1-10; Omitted here) • •(d) An offense under this section is a Class A misdemeanor.

Possession or Transport of Certain Chemicals with Intent to Manufacture Cont. Subst.- 481.124

•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). • •F2- Penalty Group 1 or 1-A; •F3- Penalty Group 2; •State Jail-Penalty Group 3 or 4; or •Class A misdemeanor-controlled substance is listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group

Delivery of Controlled Substance or Marihuana to Minor cont.

•An offense under this section is a felony of the second degree. • •In this section, "child" means a person younger than 18 years of age. • •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

481.153 Property

•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 summarily destroy the property under the rules of the department.

Drug Free Zones 481.134

•Enhances Punishment Ranges for offenses committed in, on, or within 1000 feet of qualifying premises. •Must be VERY selective of specific offense (DRUG) and certain premises (School v. Park) that qualify •Punishment for a conviction with this enhancement CANNOT run concurrent with punishment from any other conviction •Must note specific address of Drug Free Zone •Some Cities have certified maps delineating Drug Free Zone Areas •Premises within 1000 feet owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility. • •For Man/Delivery Charges (481.134 (b)) -Increases degree of felony by one level •in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground; or on a school bus. •Minimum term of confinement increases 5 years

•Misd. A if Schedule V DRUG

•Examples include cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC® and Phenergan with Codeine®)

Synthetic Cannabinoids

•FAKE WEED •LEGAL MARIJUANA •K-2 •KUSH •SPICE

Evidentiary Rules Relating to Offer of Delivery-481.182

•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.

What are the 6 major categories of controlled substances?

•NARCOTICS •DEPRESSANTS •STIMULANTS •HALLUCINOGENS •MARIHUANA •SIMULATED CONTROLLED SUBSTANCES

481.061-Registration

•Registrant (Pharmacy/Dispenser/Dr) to provide DPS with DEA number within 45 days of registration

Abuseable Volatile Chemicals 485.001 (1)

•a chemical, including aerosol paint, that: •(i) is packaged in a container subject to the labeling requirements concerning precautions against inhalation established under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, and regulations adopted under that Act and is labeled with the statement of principal hazard on the principal display panel "VAPOR HARMFUL" or other labeling requirement subsequently established under that Act or those regulations; • •(ii) when inhaled, ingested, or otherwise introduced into a person's body, may: •(a) affect the person's central nervous system; •(b) create or induce in the person a condition of intoxication, hallucination, or elation; or •(c) change, distort, or disturb the person's eyesight, thinking process, balance, or coordination; and • •(iii) is not: •(a) a pesticide subject to Chapter 76, Agriculture Code, or to the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. Section 136 et seq.), as amended; •(b) a food, drug, or cosmetic subject to Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), as amended; or •(c) a beverage subject to the Federal Alcohol Administration Act (27 U. S.C. Section 201 et seq.), as amended; or •(B) nitrous oxide that is not: • •(i) a pesticide subject to Chapter 76, Agriculture Code, or to the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. Section 136 et seq.), as amended; • •(ii) a food, drug, or cosmetic subject to Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), as amended; or • •(iii) a beverage subject to the Federal Alcohol Administration Act (27 U.S.C. Section 201 et seq.), as amended.

Delivery of Marihuana

•a person commits an offense if the person knowingly or intentionally delivers marihuana. • •one-fourth ounce or less (<1/4 OZ) and the person committing the offense does not receive remuneration for the marihuana-MB • •one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana; -MA • •five pounds or less but more than one-fourth ounce (>1/4OZ BUT<5lBS.)-State Jail • •50 pounds or less but more than five pounds (>5 but <50 Lbs.)-F2 • •2,000 pounds or less but more than 50 pounds (>50 but <2,000Lbs.)-F1 •Punishable by imprisonment in 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. (>2,000 Lbs.)

Possession of Marihuana

•a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. • •two ounces or less (< 2ounces)-MB • •four ounces or less but more than two ounces (<4 ounces but>2)-MA • •five pounds or less but more than four ounces (<5 Lbs. but >4 ounces)-State Jail • •50 pounds or less but more than 5 pounds (<50 Lbs. but >5 Lbs.)-F3 •2,000 pounds or less but more than 50 pounds (<2000 Lbs. but >50 Lbs.)-F2 • • more than 2,000 pounds (> 2000 Lbs.) F1 AND $50,000 fine max

Possession and Use 485.031

•a) A person commits an offense if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner: • •(1) contrary to directions for use, cautions, or warnings appearing on a label of a container of the chemical; and •(2) designed to: •(A) affect the person's central nervous system; •(B) create or induce a condition of intoxication, hallucination, or elation; or •(C) change, distort, or disturb the person's eyesight, thinking process, balance, or coordination. •(b) An offense under this section is a Class B misdemeanor

Penalty Ranges-Groups 3 & 4- 481.114

•less than 28 grams (<28)-State Jail • •28 grams or more but less than 200 grams-F2 • •200 grams or more but less than 400 grams-F1 • •Punishable by imprisonment in 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.

Penalty Ranges-Group 2 & 2A- 481.113 MAN/DEL

•less than one gram- State Jail • •one gram or more but less than four grams-F2 • •four grams or more but less than 400 grams-F1 • •Punishable by imprisonment in 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.

Penalty Ranges Group 2

•less than one gram- State Jail • •one gram or more but less than four grams-F3 • •four grams or more but less than 400 grams-F2 • •400 grams or more-F1 AND fine not to exceed $50,000

Dangerous Drug 483.001

•means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend: • •(A) "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law; or • •(B) "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."

Manufacture 483.001

•means a person, other than a pharmacist, who manufactures dangerous drugs. The term includes a person who prepares dangerous drugs in dosage form by mixing, compounding, encapsulating, entableting, or any other process.

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).

Simulated Controlled Substance

•means a substance that is purported to be a controlled substance, but is chemically different from the controlled substance it is purported to be.

Aerosol Paint 485.001 (2)

•means an aerosolized paint product, including a clear or pigmented lacquer or finish.

Prescription 483.001

•means an order from a practitioner, or an agent of the practitioner designated in writing as authorized to communicate prescriptions, or an order made in accordance with Subchapter B, Chapter 157, Occupations Code, or Section 203.353, Occupations Code, to a pharmacist for a dangerous drug to be dispensed that states: • •(A) the date of the order's issue; • •(B) the name and address of the patient; • •(C) if the drug is prescribed for an animal, the species of the animal; • •(D) the name and quantity of the drug prescribed; • •(E) the directions for the use of the drug; • •(F) the intended use of the drug unless the practitioner determines the furnishing of this information is not in the best interest of the patient; • •(G) the name, address, and telephone number of the practitioner at the practitioner's usual place of business, legibly printed or stamped; and • •(H) the name, address, and telephone number of the licensed midwife, registered nurse, or physician assistant, legibly printed or stamped, if signed by a licensed midwife, registered nurse, or physician assistant.

Inhalant paraphernalia 485.001 (8)

•means equipment or materials of any kind that are •intended for use in inhaling, ingesting, or otherwise introducing into the human body an abusable volatile chemical. •The term includes a tube, balloon, bag, fabric, bottle, or other container used to concentrate or hold in suspension an abusable volatile chemical or vapors of the chemical.

Penalty Ranges Group 2A-481.1161

•two ounces or less (< 2ounces)-MB • •four ounces or less but more than two ounces (<4 ounces but>2)-MA • •five pounds or less but more than four ounces (<5 Lbs. but >4 ounces)-State Jail • •50 pounds or less but more than 5 pounds (<50 Lbs. but >5 Lbs.)-F3 • •2,000 pounds or less but more than 50 pounds (<2000 Lbs. but >50 Lbs.)-F2 • • more than 2,000 pounds (> 2000 Lbs.) F1 AND $50,000 fine max