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2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES

CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 481.001. SHORT TITLE. This chapter may be cited as the

Texas Controlled Substances Act.

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

Sec. 481.002. DEFINITIONS. In this chapter:

(1) "Administer" means to directly apply a controlled substance

by injection, inhalation, ingestion, or other means to the body

of a patient or research subject by:

(A) a practitioner or an agent of the practitioner in the

presence of the practitioner; or

(B) the patient or research subject at the direction and in the

presence of a practitioner.

(2) "Agent" means an authorized person who acts on behalf of or

at the direction of a manufacturer, distributor, or dispenser.

The term does not include a common or contract carrier, public

warehouseman, or employee of a carrier or warehouseman acting in

the usual and lawful course of employment.

(3) "Commissioner" means the commissioner of public health or

the commissioner's designee.

(4) "Controlled premises" means:

(A) a place where original or other records or documents

required under this chapter are kept or are required to be kept;

(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;

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;

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

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

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;

(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;

(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;

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;

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;

(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;

(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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(b), eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 351, Sec. 27, eff. Sept.

1, 1993; Acts 1993, 73rd Leg., ch. 789, Sec. 15, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 900, Sec. 2.01, eff. Sept. 1,

1994; Acts 1997, 75th Leg., ch. 745, Sec. 1, 2, eff. Jan. 1,

1998; Acts 1999, 76th Leg., ch. 145, Sec. 1, 5(1), eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 251, Sec. 1, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1188, Sec. 1, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 88, Sec. 9, eff. May 20, 2003; Acts 2003,

78th Leg., ch. 1099, Sec. 4, eff. Sept. 1, 2003.

Sec. 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, Sec. 3, eff. Jan. 1,

1998. Amended by Acts 1999, 76th Leg., ch. 1266, Sec. 1, eff.

Sept. 1, 1999.

SUBCHAPTER B. SCHEDULES

Sec. 481.031. NOMENCLATURE. Controlled substances listed in

Schedules I through V and Penalty Groups 1 through 4 are included

by whatever official, common, usual, chemical, or trade name they

may be designated.

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

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1,

1998.

Sec. 481.032. SCHEDULES. (a) The commissioner shall establish

and modify the following schedules of controlled substances under

this subchapter: Schedule I, Schedule 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

Added by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1,

1998. Amended by Acts 2001, 77th Leg., ch. 251, Sec. 2, eff.

Sept. 1, 2001.

Sec. 481.033. EXCLUSION FROM SCHEDULES AND APPLICATION OF ACT.

(a) A nonnarcotic substance is excluded from Schedules I through

V if the substance may lawfully be sold over the counter without

a prescription, under the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. Section 301 et seq.).

(b) The commissioner may not include in the schedules:

(1) a substance described by Subsection (a); or

(2) distilled spirits, wine, malt beverages, or tobacco.

substance listed in Schedule II and having a potential for abuse

associated with a stimulant effect on the central nervous system

is excepted from the application of this chapter if the compound,

mixture, or preparation contains one or more active medicinal

ingredients not having a stimulant effect on the central nervous

system and if the admixtures are included in combinations,

quantity, proportions, or concentrations that vitiate the

potential for abuse of the substance having a stimulant effect on

the central nervous system.

(d) A compound, mixture, or preparation containing a depressant

substance listed in Schedule III or IV and having a potential for

abuse associated with a depressant effect on the central nervous

system is excepted from the application of this chapter if the

compound, mixture, or preparation contains one or more active

medicinal ingredients not having a depressant effect on the

central nervous system and if the admixtures are included in

combinations, quantity, proportions, or concentrations that

vitiate the potential for abuse of the substance having a

depressant effect on the central nervous system.

(e) A nonnarcotic prescription substance is exempted from

Schedules I through V and the application of this chapter to the

same extent that the substance has been exempted from the

application of the Federal Controlled Substances Act, if the

substance is listed as an exempt prescription product under 21

C.F.R. Section 1308.32 and its subsequent amendments.

(f) A chemical substance that is intended for laboratory,

industrial, educational, or special research purposes and not for

general administration to a human being or other animal is

exempted from Schedules I through V and the application of this

chapter to the same extent that the substance has been exempted

from the application of the Federal Controlled Substances Act, if

the substance is listed as an exempt chemical preparation under

21 C.F.R. Section 1308.24 and its subsequent amendments.

(g) An anabolic steroid product, which has no significant

potential for abuse due to concentration, preparation, mixture,

or delivery system, is exempted from Schedules I through V and

the application of this chapter to the same extent that the

substance has been exempted from the application of the Federal

Controlled Substances Act, if the substance is listed as an

exempt anabolic steroid product under 21 C.F.R. Section 1308.34

and its subsequent amendments.

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

Amended by Acts 1993, 73rd Leg., ch. 532, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 481.037 and

amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1,

1998.

Sec. 481.034. ESTABLISHMENT AND MODIFICATION OF SCHEDULES BY

COMMISSIONER. (a) The commissioner shall annually establish the

schedules of controlled substances. These annual schedules shall

include the complete list of all controlled substances from the

previous schedules and modifications in the federal schedules of

controlled substances as required by Subsection (g). Any further

additions to and deletions from these schedules, any rescheduling

of substances and any other modifications made by the

commissioner to these schedules of controlled substances shall be

made:

(1) in accordance with Section 481.035;

(2) in a manner consistent with this subchapter; and

(3) with approval of the Texas Board of Health.

(b) Except for alterations in schedules required by Subsection

(g), the commissioner may not make an alteration in a schedule

unless the commissioner holds a public hearing on the matter in

Austin and obtains approval from the Texas Board of Health.

(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, Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 481.038 and amended

by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998; Acts

2003, 78th Leg., ch. 1099, Sec. 5, 17, eff. Sept. 1, 2003.

Sec. 481.035. FINDINGS. (a) The commissioner shall place a

substance in Schedule I if the commissioner finds that the

substance:

(1) has a high potential for abuse; and

(2) has no accepted medical use in treatment in the United

States or lacks accepted safety for use in treatment under

medical supervision.

(b) The commissioner shall place a substance in Schedule II if

the commissioner finds that:

(1) the substance has a high potential for abuse;

(2) the substance has currently accepted medical use in

treatment in the United States; and

(3) abuse of the substance may lead to severe psychological or

physical dependence.

the commissioner finds that:

(1) the substance has a potential for abuse less than that of

the substances listed in Schedules I and II;

(2) the substance has currently accepted medical use in

treatment in the United States; and

(3) abuse of the substance may lead to moderate or low physical

dependence or high psychological dependence.

(d) The commissioner shall place a substance in Schedule IV if

the commissioner finds that:

(1) the substance has a lower potential for abuse than that of

the substances listed in Schedule III;

(2) the substance has currently accepted medical use in

treatment in the United States; and

(3) abuse of the substance may lead to a more limited physical

or psychological dependence than that of the substances listed in

Schedule III.

(e) The commissioner shall place a substance in Schedule V if

the commissioner finds that the substance:

(1) has a lower potential for abuse than that of the substances

listed in Schedule IV;

(2) has currently accepted medical use in treatment in the

United States; and

(3) may lead to a more limited physical or psychological

dependence liability than that of the substances listed in

Schedule IV.

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

Renumbered from Health & Safety Code Sec. 481.039 and amended

by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.

Sec. 481.036. PUBLICATION OF SCHEDULES. (a) The commissioner

shall publish the schedules by filing a certified copy of the

schedules with the secretary of state for publication in the

Texas Register not later than the fifth working day after the

date the commissioner takes action under this subchapter.

(b) Each published schedule must show changes, if any, made in

the schedule since its latest publication.

schedule under this subchapter may take effect not earlier than

the 21st day after the date on which the schedule or modification

is published in the Texas Register unless an emergency exists

that necessitates earlier action to avoid an imminent hazard to

the public safety.

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

Renumbered from Health & Safety Code Sec. 481.040 and amended

by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.

Sec. 481.037. CARISOPRODOL. Schedule IV includes carisoprodol.

Added by Acts 2009, 81st Leg., R.S., Ch.

774, Sec. 4, eff. June 19, 2009.

SUBCHAPTER C. REGULATION OF MANUFACTURE, DISTRIBUTION, AND

DISPENSATION OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, AND

CHEMICAL LABORATORY APPARATUS

Sec. 481.061. REGISTRATION REQUIRED. (a) Except as otherwise

provided by this chapter, a person who is not a registrant may

not manufacture, distribute, prescribe, possess, analyze, or

dispense a controlled substance in this state.

(b) A person who is registered by the director to manufacture,

distribute, analyze, dispense, or conduct research with a

controlled substance may possess, manufacture, distribute,

analyze, dispense, or conduct research with that substance to the

extent authorized by the person's registration and in conformity

with this chapter.

of business or professional practice where the applicant

manufactures, distributes, analyzes, dispenses, or possesses a

controlled substance. However, the director may not require

separate registration for a practitioner engaged in research with

a nonnarcotic controlled substance listed in Schedules II through

V if the registrant is already registered under this subchapter

in another capacity.

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

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 5, eff. Jan. 1,

1998.

Sec. 481.062. EXEMPTIONS. (a) The following persons are not

required to register and may possess a controlled substance under

this chapter:

(1) an agent or employee of a registered manufacturer,

distributor, analyzer, or dispenser of the controlled substance

acting in the usual course of business or employment;

(2) a common or contract carrier, a warehouseman, or an employee

of a carrier or warehouseman whose possession of the controlled

substance is in the usual course of business or employment;

(3) an ultimate user or a person in possession of the controlled

substance under a lawful order of a practitioner or in lawful

possession of the controlled substance if it is listed in

Schedule V;

(4) an officer or employee of this state, another state, 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 6, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 3, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(79), eff. Sept. 1,

2001.

Sec. 481.0621. EXCEPTIONS. (a) This subchapter does not apply

to an educational or research program of a school district or a

public or private institution of higher education. This

subchapter does not apply to a manufacturer, wholesaler,

retailer, or other person who sells, transfers, or furnishes

materials covered by this subchapter to those educational or

research programs.

(b) The department and the Texas Higher Education Coordinating

Board shall adopt a memorandum of understanding that establishes

the responsibilities of the board, the department, and the public

or private institutions of higher education in implementing and

maintaining a program for reporting information concerning

controlled substances, controlled substance analogues, chemical

precursors, and chemical laboratory apparatus used in educational

or research activities of institutions of higher education.

memorandum of understanding that establishes the responsibilities

of the agency, the department, and school districts in

implementing and maintaining a program for reporting information

concerning controlled substances, controlled substance analogues,

chemical precursors, and chemical laboratory apparatus used in

educational or research activities of those schools and school

districts.

Added by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(e), eff. Sept.

1, 1989. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.45,

eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 745, Sec. 7, eff;

Jan. 1, 1998.

Sec. 481.063. REGISTRATION APPLICATION; ISSUANCE OR DENIAL. (a)

The director may refuse to issue a registration to a person to

manufacture, distribute, analyze, or conduct research with a

controlled substance if the person fails or refuses to provide to

the director a consent form signed by the person granting the

director the right to inspect the person's controlled premises

and any record, controlled substance, or other item covered by

this chapter.

(b) The director may not issue a registration to a person to

dispense a controlled substance unless the director receives a

consent form signed by the person granting the director the right

to inspect records as required by this chapter.

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

(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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(f), eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 790, Sec. 19, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 745, Sec. 8, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 4, eff. Sept. 1, 2001.

Sec. 481.064. REGISTRATION FEES. (a) The director may charge a

nonrefundable fee of not more than $25 before processing an

application for annual registration and may charge a late fee of

not more than $50 for each application for renewal the department

receives after the date the registration expires. The director

by rule shall set the amounts of the fees at the amounts that are

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. Not later than 60 days

before the date the registration expires, the director shall send

a renewal notice to the registrant at the last known address of

the registrant according to department records.

(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.

of the operator's and chauffeur's license account in the general

revenue fund. The fees may be used only by the department in the

administration or enforcement of this subchapter.

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

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 9, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 1, eff. September 1, 2007.

Sec. 481.065. AUTHORIZATION FOR CERTAIN ACTIVITIES. (a) The

director may authorize the possession, distribution, planting,

and cultivation of controlled substances by a person engaged in

research, training animals to detect controlled substances, or

designing or calibrating devices to detect controlled substances.

A person who obtains an authorization under this subsection does

not commit an offense involving the possession or distribution of

controlled substances to the extent that the possession or

distribution is authorized.

(b) A person may conduct research with or analyze substances

listed in Schedule I in this state only if the person is a

practitioner registered under federal law to conduct research

with or analyze those substances and the person provides the

director with evidence of federal registration.

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

Sec. 481.066. VOLUNTARY SURRENDER, CANCELLATION, SUSPENSION,

PROBATION, OR REVOCATION OF REGISTRATION. (a) The director may

accept a voluntary surrender of a registration.

(b) The director may cancel, suspend, or revoke a registration,

place on probation a person whose license has been suspended, or

reprimand a registrant for a cause described by Section

481.063(e).

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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 10, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 6, eff. Sept. 1, 2001.

Sec. 481.067. RECORDS. (a) A person who is registered to

manufacture, distribute, analyze, or dispense a controlled

substance shall keep records and maintain inventories in

compliance with recordkeeping and inventory requirements of

federal law and with additional rules the director adopts.

(b) The pharmacist-in-charge of a pharmacy shall maintain the

records and inventories required by this section.

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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 251, Sec. 7, eff. Sept. 1,

2001.

Sec. 481.068. CONFIDENTIALITY. (a) The director may authorize

a person engaged in research on the use and effects of a

controlled substance to withhold the names and other identifying

characteristics of individuals who are the subjects of the

research. A person who obtains the authorization may not be

compelled in a civil, criminal, administrative, legislative, or

other proceeding to identify the individuals who are the subjects

of the research for which the authorization is obtained.

(b) Except as provided by Sections 481.074 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.

law enforcement agency the name or identity of a patient or

research subject whose identity could not be obtained under

Subsection (b).

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

Amended by Acts 2001, 77th Leg., ch. 251, Sec. 8, eff. Sept. 1,

2001.

Sec. 481.069. ORDER FORMS. A registrant may not distribute or

order a controlled substance listed in Schedule I or II to or

from another registrant except under an order form. A registrant

complying with the federal law concerning order forms is in

compliance with this section.

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

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

Sept. 1, 1989.

Sec. 481.070. ADMINISTERING OR DISPENSING SCHEDULE I CONTROLLED

SUBSTANCE. Except as permitted by this chapter, a person may not

administer or dispense a controlled substance listed in Schedule

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

Sec. 481.071. MEDICAL PURPOSE REQUIRED BEFORE PRESCRIBING,

DISPENSING, DELIVERING, OR ADMINISTERING CONTROLLED SUBSTANCE.

(a) A practitioner defined by Section 481.002(39)(A) may not

prescribe, dispense, deliver, or administer a controlled

substance or cause a controlled substance to be administered

under the practitioner's direction and supervision except for a

valid medical purpose and in the course of medical practice.

(b) An anabolic steroid or human growth hormone listed in

Schedule III may only be:

(1) dispensed, prescribed, delivered, or administered by a

practitioner, as defined by Section 481.002(39)(A), for a valid

medical purpose and in the course of professional practice; or

(2) dispensed or delivered by a pharmacist according to a

prescription issued by a practitioner, as defined by Section

481.002(39)(A) or (C), for a valid medical purpose and in the

course of professional practice.

enhancement, or increasing muscle bulk or strength through the

use of an anabolic steroid or human growth hormone listed in

Schedule III by a person who is in good health is not a valid

medical purpose.

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

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(b), eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 745, Sec. 11, eff. Jan.

1, 1998.

Sec. 481.072. MEDICAL PURPOSE REQUIRED BEFORE DISTRIBUTING OR

DISPENSING SCHEDULE V CONTROLLED SUBSTANCE. A person may not

distribute or dispense a controlled substance listed in Schedule

V except for a valid medical purpose.

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

Sec. 481.073. COMMUNICATION OF PRESCRIPTIONS BY AGENT. (a)

Only a practitioner defined by Section 481.002(39)(A) and an

agent designated in writing by the practitioner in accordance

with rules adopted by the department 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).

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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 251, Sec. 9, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.794, eff. Sept. 1,

2001.

Sec. 481.074. PRESCRIPTIONS. (a) A pharmacist may not:

(1) dispense or deliver a controlled substance or cause a

controlled substance to be dispensed or delivered under the

pharmacist's direction or supervision except under a valid

prescription and in the course of professional practice;

(2) 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, department registration

number, 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).

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), the

director, by rule and in consultation with the Texas Medical

Board and the Texas State Board of Pharmacy, shall establish the

period after the date on which the prescription is issued that a

person may fill a prescription for a controlled substance listed

in Schedule II. A person may not refill a prescription for a

substance listed in Schedule II.

(d-1) Notwithstanding Subsection (d), a prescribing practitioner

may issue multiple prescriptions authorizing the patient to

receive a total of up to a 90-day supply of a Schedule II

controlled substance if:

(1) each separate prescription is issued for a legitimate

medical purpose by a prescribing practitioner acting in the usual

course of professional practice;

(2) the prescribing practitioner provides written instructions

on each prescription to be filled at a later date indicating the

earliest date on which a pharmacy may fill each prescription;

(3) the prescribing practitioner concludes that providing the

patient with multiple prescriptions in this manner does not

create an undue risk of diversion or abuse; and

(4) the issuance of multiple prescriptions complies with other

applicable state and federal laws.

(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 or electronically communicated

prescription of a practitioner defined by Section 481.002(39)(A)

or (D), 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. A

prescription under this subsection must comply with other

applicable state and federal laws.

(h) A pharmacist may dispense a controlled substance listed in

Schedule III, IV, or V under a written, oral, or telephonically

or electronically communicated 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 may not be refilled more than five times, unless the

prescription is renewed by the practitioner.

(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;

(2-a) if the prescription is issued for a Schedule II controlled

substance to be filled at a later date under Subsection (d-1),

the earliest date on which a pharmacy may fill the prescription;

(3) the name, address, and date of birth or age 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;

(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;

(8) if the prescription is handwritten, the signature of the

prescribing practitioner; and

(9) if the prescribing practitioner is licensed in this state,

the practitioner's department registration number.

(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.

(l-1) Notwithstanding Subsection (l), in the event of a natural

or manmade disaster, a pharmacist may dispense not more than a

30-day supply of a prescription drug, other than a controlled

substance listed in Schedule II, without the authorization of the

prescribing practitioner if:

(1) failure to refill the prescription might result in an

interruption of a therapeutic regimen or create patient

suffering;

(2) the natural or manmade disaster prohibits the pharmacist

from being able to contact the practitioner;

(3) the governor has declared a state of disaster under Chapter

418, Government Code; and

(4) the Texas State Board of Pharmacy, through its executive

director, has notified pharmacies in this state that pharmacists

may dispense up to a 30-day supply of a prescription drug.

(l-2) The prescribing practitioner is not liable for an act or

omission by a pharmacist in dispensing a prescription drug under

Subsection (l-1).

(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.

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

1345, Sec. 44

(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

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) after transmitting the prescription, the prescribing

practitioner or the practitioner's agent:

(A) writes across the face of the official prescription

"VOID--sent by fax to (name and telephone number of receiving

pharmacy)"; and

(B) files the official prescription in the patient's medical

records instead of delivering it to the patient.

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

349, Sec. 21

(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

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, by Medicaid, or by 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) after transmitting the prescription, the prescribing

practitioner or the practitioner's agent:

(A) writes across the face of the official prescription

"VOID--sent by fax to (name and telephone number of receiving

pharmacy)"; and

(B) files the official prescription in the patient's medical

records instead of delivering it to the patient.

(p) On receipt of the prescription, the dispensing pharmacy

shall file the facsimile copy of the prescription and shall send

information to the director as required by Section 481.075.

(q) Each dispensing pharmacist shall send all information

required by the director, including any information required to

complete the Schedule III through V prescription forms, 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.

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

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(h), eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 615, Sec. 10, eff. Sept.

1, 1991; Acts 1991, 72nd Leg., ch. 761, Sec. 6, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 351, Sec. 28, eff. Sept. 1, 1993;

Acts 1993, 73rd Leg., ch. 789, Sec. 16, eff. Sept. 1, 1993; Acts

1997, 75th Leg., ch. 745, Sec. 12, 13, eff. Jan. 1, 1998; Acts

1999, 76th Leg., ch. 145, Sec. 2, eff. Sept. 1, 1999; Acts 2001,

77th Leg., ch. 251, Sec. 10, eff. Sept. 1, 2001; Acts 2001, 77th

Leg., ch. 1254, Sec. 10, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

349, Sec. 21(a), eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1345, Sec. 44(a), eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch.

535, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

567, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 2, eff. September 1, 2008.

Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 2.

Acts 2009, 81st Leg., R.S., Ch.

774, Sec. 1, eff. June 19, 2009.

Sec. 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.

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;

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;

(F) the name, address, and date of birth or age of the person

for whom the controlled substance is prescribed; and

(G) if the prescription is issued to be filled at a later date

under Section 481.074(d-1), the earliest date on which a pharmacy

may fill the prescription;

(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, Sec. 5(2), eff.

Sept. 1, 1999.

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

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(i), eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 789, Sec. 17, eff. Sept.

1, 1993; Acts 1997, 75th Leg., ch. 745, Sec. 14, eff. Jan. 1,

1998; Acts 1999, 76th Leg., ch. 145, Sec. 3, 5(2), eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 251, Sec. 11, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

774, Sec. 2, eff. June 19, 2009.

Sec. 481.076. OFFICIAL PRESCRIPTION INFORMATION. (a) The

director may not permit any person to have access to information

submitted to the director under Section 481.074(q) or 481.075

except:

(1) an investigator for the Texas Medical Board, 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, podiatrist, or advanced practice nurse or physician

assistant described by Section 481.002(39)(D) and is inquiring

about a recent Schedule II, III, IV, or V prescription history of

a particular patient of the practitioner; or

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.

submission of information to the director by electronic or other

means and for retrieval of information submitted to the director

under this section and Sections 481.074 and 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 Medical Board 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, Sec. 5(3), eff.

Sept. 1, 1999.

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

Amended by Acts 1995, 74th Leg., ch. 965, Sec. 81, eff. June 16,

1995; Acts 1997, 75th Leg., ch. 745, Sec. 15, eff. Jan. 1, 1998;

Acts 1999, 76th Leg., ch. 145, Sec. 4, 5(3), eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 3, eff. September 1, 2008.

Sec. 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 Sections 481.074(q) and 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 Department of State

Health Services, the Texas State Board of Pharmacy, and the Texas

Medical Board and by rule may:

(1) remove a controlled substance listed in Schedules II through

V 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 Schedules II

through V 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.

(1) permit more than one prescription to be administered or

dispensed and recorded on one prescription form for a Schedule

III through V controlled substance;

(1-a) establish a procedure for the issuance of multiple

prescriptions of a Schedule II controlled substance under Section

481.074(d-1);

(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 481.074, 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 fees 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, Sec. 5(4), eff.

Sept. 1, 1999.

Added by Acts 1997, 75th Leg., ch. 745, Sec. 16, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 145, Sec. 5(4), eff.

Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 4, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

774, Sec. 3, eff. June 19, 2009.

Sec. 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.

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;

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 any

compound, mixture, or preparation containing ephedrine,

pseudoephedrine, or norpseudoephedrine that is in liquid, liquid

capsule, or liquid gel capsule form.

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

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(k), eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 745, Sec. 17, eff. Jan.

1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 12, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 570, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1099, Sec. 6, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

282, Sec. 4, eff. August 1, 2005.

Sec. 481.0771. RECORDS AND REPORTS ON PSEUDOEPHEDRINE. (a) A

wholesaler who sells, transfers, or otherwise furnishes a product

containing ephedrine, pseudoephedrine, or norpseudoephedrine to a

retailer shall:

(1) before delivering the product, obtain from the retailer the

retailer's address, area code, and telephone number; and

(2) 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 wholesaler shall make all records available to the

director in accordance with department rule, including:

(1) the information required by Subsection (a)(1);

(2) the amount of the product containing ephedrine,

pseudoephedrine, or norpseudoephedrine delivered; and

(3) any other information required by the director.

for a product containing ephedrine, pseudoephedrine, or

norpseudoephedrine that requests delivery of a suspicious

quantity of the product as determined by department rule, a

wholesaler shall submit to the director a report of the order in

accordance with department rule.

(d) A wholesaler who, with reckless disregard for the duty to

report, fails to report as required by Subsection (c) may be

subject to disciplinary action in accordance with department

rule.

Added by Acts 2005, 79th Leg., Ch.

282, Sec. 5, eff. August 1, 2005.

Sec. 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.

only for the transaction indicated on the permit. A permit issued

or renewed under Subsection (b)(2) is valid for one year after

the date of issuance or renewal.

(d) A permit holder must report in writing or by telephone to

the director a change in the holder's business name, address,

area code, and telephone number not later than the seventh day

after the date of the change.

(e) The director may not issue a permit under this section

unless the person applying for the permit delivers to the

director a written consent to inspect signed by the person that

grants to the director the right to inspect any controlled

premises, record, chemical precursor, or other item governed by

this chapter in the care, custody, or control of the person.

After the director receives the consent, the director may inspect

any controlled premises, record, chemical precursor, or other

item to which the consent applies.

(f) The director may adopt rules to establish security controls

and provide for the inspection of a place, entity, or item to

which a chemical precursor transfer permit applies.

Added by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(l), eff. Sept.

1, 1989. Amended by Acts 1997, 75th Leg., ch. 745, Sec. 18, eff.

Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 13, eff. Sept.

1, 2001.

Sec. 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.

(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;

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, Sec. 5.02(l), eff. Sept.

1, 1989. Amended by Acts 1997, 75th Leg., ch. 745, Sec. 19, eff.

Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 14, eff. Sept.

1, 2001.

Sec. 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.

only for the transaction indicated on the permit. A permit issued

or renewed under Subsection (b)(2) is valid for one year after

the date of issuance or renewal.

(d) A permit holder must report in writing or by telephone to

the director a change in the holder's business name, address,

area code, and telephone number not later than the seventh day

after the date of the change.

(e) The director may not issue a permit under this section

unless the person applying for the permit delivers to the

director a written consent to inspect signed by the person that

grants to the director the right to inspect any controlled

premises, record, chemical laboratory apparatus, or other item

governed by this chapter in the care, custody, or control of the

person. After the director receives the consent, the director may

inspect any controlled premises, record, chemical laboratory

apparatus, or other item to which the consent applies.

(f) The director may by rule establish security controls and

provide for the inspection of a place, entity, or item to which a

chemical laboratory apparatus transfer permit applies.

Added by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(l), eff. Sept.

1, 1989. Amended by Acts 1997, 75th Leg., ch. 745, Sec. 20, eff.

Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 15, eff. Sept.

1, 2001.

SUBCHAPTER D. OFFENSES AND PENALTIES

Sec. 481.101. CRIMINAL CLASSIFICATION. For the purpose of

establishing criminal penalties for violations of this chapter,

controlled substances, including a material, compound, mixture,

or preparation containing the controlled substance, are divided

into Penalty Groups 1 through 4.

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

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

Sept. 1, 1989.

Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:

(1) the following opiates, including their isomers, esters,

ethers, salts, and salts of isomers, esters, and ethers, unless

specifically excepted, if the existence of these isomers, esters,

ethers, and salts is possible within the specific chemical

designation:

Alfentanil;

Allylprodine;

Alphacetylmethadol;

Benzethidine;

Betaprodine;

Clonitazene;

Diampromide;

Diethylthiambutene;

Difenoxin not listed in Penalty Group 3 or 4;

Dimenoxadol;

Dimethylthiambutene;

Dioxaphetyl butyrate;

Dipipanone;

Ethylmethylthiambutene;

Etonitazene;

Etoxeridine;

Furethidine;

Hydroxypethidine;

Ketobemidone;

Levophenacylmorphan;

Meprodine;

Methadol;

Moramide;

Morpheridine;

Noracymethadol;

Norlevorphanol;

Normethadone;

Norpipanone;

Phenadoxone;

Phenampromide;

Phenomorphan;

Phenoperidine;

Piritramide;

Proheptazine;

Properidine;

Propiram;

Sufentanil;

Tilidine; and

Trimeperidine;

(2) the following opium derivatives, their salts, isomers, and

salts of isomers, unless specifically excepted, if the existence

of these salts, isomers, and salts of isomers is possible within

the specific chemical designation:

Acetorphine;

Acetyldihydrocodeine;

Benzylmorphine;

Codeine methylbromide;

Codeine-N-Oxide;

Cyprenorphine;

Desomorphine;

Dihydromorphine;

Drotebanol;

Etorphine, except hydrochloride salt;

Heroin;

Hydromorphinol;

Methyldesorphine;

Methyldihydromorphine;

Monoacetylmorphine;

Morphine methylbromide;

Morphine methylsulfonate;

Morphine-N-Oxide;

Myrophine;

Nicocodeine;

Nicomorphine;

Normorphine;

Pholcodine; and

Thebacon;

(3) the following substances, however produced, except those

narcotic drugs listed in another group:

(A) Opium and opiate not listed in Penalty Group 3 or 4, and a

salt, compound, derivative, or preparation of opium or opiate,

other than thebaine derived butorphanol, nalmefene and its salts,

naloxone and its salts, and naltrexone and its salts, but

including:

Codeine not listed in Penalty Group 3 or 4;

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;

Oripavine;

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;

(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-phenylpropanamide);

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, Sec. 1, eff. Sept. 1, 1989.

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

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 761, Sec. 1, eff. Sept.

1, 1991. Amended by Acts 1997, 75th Leg., ch. 745, Sec. 21, eff.

Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 16, eff. Sept.

1, 2001; Acts 2001, 77th Leg., ch. 459, Sec. 1, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1099, Sec. 7, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

739, Sec. 1, eff. September 1, 2009.

Sec. 481.1021. PENALTY GROUP 1-A. Penalty Group 1-A consists of

lysergic acid diethylamide (LSD), including its salts, isomers,

and salts of isomers.

Added by Acts 1997, 75th Leg., ch. 745, Sec. 22, eff. Jan. 1,

1998.

Sec. 481.103. PENALTY GROUP 2. (a) Penalty Group 2 consists

of:

(1) any quantity of the following hallucinogenic substances,

their salts, isomers, and salts of isomers, unless specifically

excepted, if the existence of these salts, isomers, and salts of

isomers is possible within the specific chemical designation:

alpha-ethyltryptamine;

alpha-methyltryptamine;

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-N, N-diisopropyltryptamine;

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;

Lisdexamfetamine, including its salts, isomers, and salts of

isomers;

Mecloqualone and its salts;

Methaqualone and its salts;

Methcathinone (some trade or other names: 2-

methylamino-propiophenone; alpha-(methylamino)propriophenone;

2-(methylamino)-1-phenylpropan-1-one; alpha-N-

methylaminopropriophenone; monomethylpropion; ephedrone, N-

methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR

1431);

N-Ethylamphetamine, its salts, optical isomers, and salts of

optical isomers; and

N,N-dimethylamphetamine (some trade or other names:

N,N,alpha-trimethylbenzeneethaneamine;

N,N,alpha-trimethylphenethylamine), its salts, optical isomers,

and salts of optical isomers.

(b) For the purposes of Subsection (a)(1) only, the term

"isomer" includes an optical, position, or geometric isomer.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 23, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 17, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 1099, Sec. 8, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

739, Sec. 2, eff. September 1, 2009.

Sec. 481.104. PENALTY GROUP 3. (a) Penalty Group 3 consists

of:

(1) a material, compound, mixture, or preparation that contains

any quantity of the following substances having a potential for

abuse associated with a stimulant effect on the central nervous

system:

Methylphenidate and its salts; and

Phenmetrazine and its salts;

(2) a material, compound, mixture, or preparation that contains

any quantity of the following substances having a potential for

abuse associated with a depressant effect on the central nervous

system:

a substance that contains any quantity of a derivative of

barbituric acid, or any salt of a derivative of barbituric acid

not otherwise 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;

Zolpidem; and

Zopiclone;

(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, including any drug or hormonal

substance, or any substance that is chemically or

pharmacologically related to testosterone, other than an

estrogen, progestin, dehydroepiandrosterone, or corticosteroid,

and promotes muscle growth, including the following drugs and

substances and any salt, ester, or ether of the following drugs

and substances:

Androstanediol;

Androstanedione;

Androstenediol;

Androstenedione;

Bolasterone;

Boldenone;

Calusterone;

Clostebol;

Dehydrochlormethyltestosterone;

Delta-1-dihydrotestosterone;

Dihydrotestosterone (4-dihydrotestosterone);

Drostanolone;

Ethylestrenol;

Fluoxymesterone;

Formebulone;

Furazabol;

13beta-ethyl-17beta-hydroxygon-4-en-3-one;

4-hydroxytestosterone;

4-hydroxy-19-nortestosterone;

Mestanolone;

Mesterolone;

Methandienone;

Methandriol;

Methenolone;

17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha- androstane;

17alpha-methyl-3alpha, 17 beta-dihydroxy-5alpha- androstane;

17alpha-methyl-3beta, 17beta-dihydroxyandrost-4- ene;

17alpha-methyl-4-hydroxynandrolone;

Methyldienolone;

Methyltestosterone;

Methyltrienolone;

17alpha-methyl-delta-1-dihydrotestosterone;

Mibolerone;

Nandrolone;

Norandrostenediol;

Norandrostenedione;

Norbolethone;

Norclostebol;

Norethandrolone;

Normethandrolone;

Oxandrolone;

Oxymesterone;

Oxymetholone;

Stanozolol;

Stenbolone;

Testolactone;

Testosterone;

Tetrahydrogestrinone; 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.

preparation containing a depressant substance listed in

Subsection (a)(2) or (a)(5) if the compound, mixture, or

preparation contains one or more active medicinal ingredients not

having a depressant effect on the central nervous system and if

the admixtures are included in combinations, quantity,

proportion, or concentration that vitiate the potential for abuse

of the substances that have a depressant effect on the central

nervous system.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 24, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 18, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

739, Sec. 3, eff. September 1, 2009.

Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:

(1) a compound, mixture, or preparation containing limited

quantities of any of the following narcotic drugs that includes

one or more nonnarcotic active medicinal ingredients in

sufficient proportion to confer on the compound, mixture, or

preparation valuable medicinal qualities other than those

possessed by the narcotic drug alone:

not more than 200 milligrams of codeine per 100 milliliters or

per 100 grams;

not more than 100 milligrams of dihydrocodeine per 100

milliliters or per 100 grams;

not more than 100 milligrams of ethylmorphine per 100 milliliters

or per 100 grams;

not more than 2.5 milligrams of diphenoxylate and not less than

25 micrograms of atropine sulfate per dosage unit;

not more than 15 milligrams of opium per 29.5729 milliliters or

per 28.35 grams; and

not more than 0.5 milligram of difenoxin and not less than 25

micrograms of atropine sulfate per dosage unit;

(2) unless specifically excepted or unless listed in another

penalty group, a material, compound, mixture, or preparation

containing 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, Sec. 25, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 19, eff. Sept. 1, 2001.

Sec. 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, Sec. 9, eff. Sept. 1,

2003.

Sec. 481.108. PREPARATORY OFFENSES. Title 4, Penal Code,

applies to an offense under this chapter.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 36, eff. Sept. 1,

1995.

Sec. 481.111. EXEMPTIONS. (a) The provisions of this chapter

relating to the possession and distribution of peyote do not

apply to the use of peyote by a member of the Native American

Church in bona fide religious ceremonies of the church. However,

a person who supplies the substance to the church must register

and maintain appropriate records of receipts and disbursements in

accordance with rules adopted by the director. An exemption

granted to a member of the Native American Church under this

section does not apply to a member with less than 25 percent

Indian blood.

(b) The provisions of this chapter relating to the possession of

denatured sodium pentobarbital do not apply to possession by

personnel of a humane society or an animal control agency for the

purpose of destroying injured, sick, homeless, or unwanted

animals if the humane society or animal control agency is

registered with the Federal Drug Enforcement Administration. The

provisions of this chapter relating to the distribution of

denatured sodium pentobarbital do not apply to a person

registered as required by Subchapter C, who is distributing the

substance for that purpose to a humane society or an animal

control agency registered with the Federal Drug Enforcement

Administration.

or 481.125 if the person possesses or delivers

tetrahydrocannabinols or their derivatives, or drug paraphernalia

to be used to introduce tetrahydrocannabinols or their

derivatives into the human body, for use in a federally approved

therapeutic research program.

(d) The provisions of this chapter relating to the possession

and distribution of anabolic steroids do not apply to the use of

anabolic steroids that are administered to livestock or poultry.

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

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

Sept. 1, 1989.

Sec. 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN

PENALTY GROUP 1. (a) Except as authorized by this chapter, a

person commits an offense if the person knowingly 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.

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 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 Texas Department of Criminal Justice for life

or for a term of not more than 99 years or less than 15 years,

and a fine not to exceed $250,000, if the amount of the

controlled substance to which the offense applies is, by

aggregate weight, including adulterants or dilutants, 400 grams

or more.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994; Acts 2001, 77th Leg., ch. 1188, Sec. 2, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.095, eff. September 1, 2009.

Sec. 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN

PENALTY GROUP 1-A. (a) Except as provided by this chapter, a

person commits an offense if the person knowingly manufactures,

delivers, or possesses with intent to 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 Texas Department of

Criminal Justice for life or for a term of not more than 99 years

or less than 15 years and a fine not to exceed $250,000, if the

number of abuse units of the controlled substance is 4,000 or

more.

Added by Acts 1997, 75th Leg., ch. 745, Sec. 26, eff. Jan. 1,

1998. Amended by Acts 2001, 77th Leg., ch. 1188, Sec. 3, eff.

Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.096, eff. September 1, 2009.

Sec. 481.1122. MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1:

PRESENCE OF CHILD. If it is shown at the punishment phase of a

trial for the manufacture of a controlled substance listed in

Penalty Group 1 that when the offense was committed a child

younger than 18 years of age was present on the premises where

the offense was committed:

(1) the punishments specified by Sections 481.112(b) and (c) are

increased by one degree;

(2) the minimum term of imprisonment specified by Section

481.112(e) is increased to 15 years and the maximum fine

specified by that section is increased to $150,000; and

(3) the minimum term of imprisonment specified by Section

481.112(f) is increased to 20 years and the maximum fine

specified by that section is increased to $300,000.

Added by Acts 2007, 80th Leg., R.S., Ch.

840, Sec. 1, eff. September 1, 2007.

Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN

PENALTY GROUP 2. (a) Except as authorized by this chapter, a

person commits an offense if the person knowingly 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.

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 Texas Department of Criminal Justice for life

or for a term of not more than 99 years or less than 10 years,

and a fine not to exceed $100,000, if the amount of the

controlled substance to which the offense applies is, by

aggregate weight, including adulterants or dilutants, 400 grams

or more.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994; Acts 2001, 77th Leg., ch. 1188, Sec. 4, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.097, eff. September 1, 2009.

Sec. 481.114. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN

PENALTY GROUP 3 OR 4. (a) Except as authorized by this chapter,

a person commits an offense if the person knowingly 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.

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 Texas Department of Criminal Justice for life

or for a term of not more than 99 years or less than 10 years,

and a fine not to exceed $100,000, if the amount of the

controlled substance to which the offense applies is, by

aggregate weight, including any adulterants or dilutants, 400

grams or more.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994; Acts 2001, 77th Leg., ch. 1188, Sec. 5, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.098, eff. September 1, 2009.

Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP

1. (a) Except as authorized by this chapter, a person commits

an offense if the person knowingly or intentionally possesses a

controlled substance listed in Penalty Group 1, unless the person

obtained the substance directly from or under a valid

prescription or order of a practitioner acting in the course of

professional practice.

(b) An offense under Subsection (a) is a state jail felony if

the amount of the controlled substance possessed is, by aggregate

weight, including adulterants or dilutants, less than one gram.

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 Texas Department of Criminal Justice for life

or for a term of not more than 99 years or less than 10 years,

and a fine not to exceed $100,000, if the amount of the

controlled substance possessed is, by aggregate weight, including

adulterants or dilutants, 400 grams or more.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.099, eff. September 1, 2009.

Sec. 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP

1-A. (a) Except as provided by this chapter, a person commits

an offense if the person knowingly possesses a controlled

substance listed in Penalty Group 1-A.

(b) An offense under this section is:

(1) a state jail felony if the number of abuse units of the

controlled substance is fewer than 20;

(2) a felony of the third degree if the number of abuse units of

the controlled substance is 20 or more but fewer than 80;

(3) a felony of the second degree if the number of abuse units

of the controlled substance is 80 or more but fewer than 4,000;

(4) a felony of the first degree if the number of abuse units of

the controlled substance is 4,000 or more but fewer than 8,000;

and

(5) punishable by imprisonment in the Texas Department of

Criminal Justice for life or for a term of not more than 99 years

or less than 15 years and a fine not to exceed $250,000, if the

number of abuse units of the controlled substance is 8,000 or

more.

Added by Acts 1997, 75th Leg., ch. 745, Sec. 26, eff. Jan. 1,

1998.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.100, eff. September 1, 2009.

Sec. 481.116. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP

2. (a) Except as authorized by this chapter, a person commits

an offense if the person knowingly or intentionally possesses a

controlled substance listed in Penalty Group 2, unless the person

obtained the substance directly from or under a valid

prescription or order of a practitioner acting in the course of

professional practice.

(b) An offense under Subsection (a) is a state jail felony if

the amount of the controlled substance possessed is, by aggregate

weight, including adulterants or dilutants, less than one gram.

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 Texas Department of Criminal Justice for life

or for a term of not more than 99 years or less than five years,

and a fine not to exceed $50,000, if the amount of the controlled

substance possessed is, by aggregate weight, including

adulterants or dilutants, 400 grams or more.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.101, eff. September 1, 2009.

Sec. 481.117. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP

3. (a) Except as authorized by this chapter, a person commits

an offense if the person knowingly or intentionally possesses a

controlled substance listed in Penalty Group 3, unless the person

obtains the substance directly from or under a valid prescription

or order of a practitioner acting in the course of professional

practice.

(b) An offense under Subsection (a) is a Class A misdemeanor if

the amount of the controlled substance possessed is, by aggregate

weight, including adulterants or dilutants, less than 28 grams.

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 Texas Department of Criminal Justice for life

or for a term of not more than 99 years or less than five years,

and a fine not to exceed $50,000, if the amount of the controlled

substance possessed is, by aggregate weight, including

adulterants or dilutants, 400 grams or more.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.102, eff. September 1, 2009.

Sec. 481.118. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP

4. (a) Except as authorized by this chapter, a person commits

an offense if the person knowingly or intentionally possesses a

controlled substance listed in Penalty Group 4, unless the person

obtained the substance directly from or under a valid

prescription or order of a practitioner acting in the course of

practice.

(b) An offense under Subsection (a) is a Class B misdemeanor if

the amount of the controlled substance possessed is, by aggregate

weight, including adulterants or dilutants, less than 28 grams.

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 Texas Department of Criminal Justice for life

or for a term of not more than 99 years or less than five years,

and a fine not to exceed $50,000, if the amount of the controlled

substance possessed is, by aggregate weight, including

adulterants or dilutants, 400 grams or more.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.103, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 1188, Sec. 6, eff. Sept. 1,

2001.

Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA. (a) Except as

authorized by this chapter, a person commits an offense if the

person knowingly or intentionally delivers marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana delivered

is one-fourth ounce or less and the person committing the offense

does not receive remuneration for the marihuana;

(2) a Class A misdemeanor if the amount of marihuana delivered

is one-fourth ounce or less and the person committing the offense

receives remuneration for the marihuana;

(3) a state jail felony if the amount of marihuana delivered is

five pounds or less but more than one-fourth ounce;

(4) a felony of the second degree if the amount of marihuana

delivered is 50 pounds or less but more than five pounds;

(5) a felony of the first degree if the amount of marihuana

delivered is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the Texas Department of

Criminal Justice for life or for a term of not more than 99 years

or less than 10 years, and a fine not to exceed $100,000, if the

amount of marihuana delivered is more than 2,000 pounds.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.104, eff. September 1, 2009.

Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as

authorized by this chapter, a person commits an offense if the

person knowingly or intentionally possesses a usable quantity of

marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana possessed

is two ounces or less;

(2) a Class A misdemeanor if the amount of marihuana possessed

is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marihuana possessed is

five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of marihuana

possessed is 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of marihuana

possessed is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the Texas Department of

Criminal Justice for life or for a term of not more than 99 years

or less than 5 years, and a fine not to exceed $50,000, if the

amount of marihuana possessed is more than 2,000 pounds.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.105, eff. September 1, 2009.

Sec. 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

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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 27, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 20, eff. Sept. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 28, eff. Jan. 1,

1998; Acts 2003, 78th Leg., ch. 1099, Sec. 10, eff. Sept. 1,

2003.

Sec. 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

(i) an item of equipment subject to regulation under Section

481.080, if the person is not registered under Section 481.063;

(ii) glassware, a plastic or metal container, tubing, a hose, or

other item specially designed, assembled, or adapted for use in

the manufacture, processing, analyzing, storing, or concealing of

methamphetamine.

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, Sec. 7, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 570, Sec. 2, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

282, Sec. 6, eff. August 1, 2005.

Sec. 481.1245. OFFENSE: POSSESSION OR TRANSPORT OF ANHYDROUS

AMMONIA; USE OF OR TAMPERING WITH EQUIPMENT. (a) A person

commits an offense if the person:

(1) possesses or transports anhydrous ammonia in a container or

receptacle that is not designed or manufactured to hold or

transport anhydrous ammonia;

(2) uses, transfers, or sells a container or receptacle that is

designed or manufactured to hold anhydrous ammonia without the

express consent of the owner of the container or receptacle; or

(3) tampers with equipment that is manufactured or used to hold,

apply, or transport anhydrous ammonia without the express consent

of the owner of the equipment.

(b) An offense under this section is a felony of the third

degree.

Added by Acts 2005, 79th Leg., Ch.

282, Sec. 7, eff. August 1, 2005.

Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG

PARAPHERNALIA. (a) A person commits an offense if the person

knowingly or intentionally uses or possesses with intent to use

drug paraphernalia to plant, propagate, cultivate, grow, harvest,

manufacture, compound, convert, produce, process, prepare, test,

analyze, pack, repack, store, contain, or conceal a controlled

substance in violation of this chapter or to inject, ingest,

inhale, or otherwise introduce into the human body a controlled

substance in violation of this chapter.

(b) A person commits an offense if the person knowingly or

intentionally delivers, possesses with intent to deliver, or

manufactures with intent to deliver drug paraphernalia knowing

that the person who receives or who is intended to receive the

drug paraphernalia intends that it be used to plant, propagate,

cultivate, grow, harvest, manufacture, compound, convert,

produce, process, prepare, test, analyze, pack, repack, store,

contain, or conceal a controlled substance in violation of this

chapter or to inject, ingest, inhale, or otherwise introduce into

the human body a controlled substance in violation of this

chapter.

under Subsection (b), is 18 years of age or older, and the person

who receives or who is intended to receive the drug paraphernalia

is younger than 18 years of age and at least three years younger

than the actor.

(d) An offense under Subsection (a) is a Class C misdemeanor.

(e) An offense under Subsection (b) is a Class A misdemeanor,

unless it is shown on the trial of a defendant that the defendant

has previously been convicted under Subsection (b) or (c), in

which event the offense is punishable by confinement in jail for

a term of not more than one year or less than 90 days.

(f) An offense under Subsection (c) is a state jail felony.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994.

Sec. 481.126. OFFENSE: ILLEGAL 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 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);

(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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 37, eff. Sept. 1,

1995; Acts 2001, 77th Leg., ch. 251, Sec. 21, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 712, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.106, eff. September 1, 2009.

Sec. 481.127. OFFENSE: UNAUTHORIZED DISCLOSURE OF INFORMATION.

(a) A person commits an offense if the person knowingly gives,

permits, or obtains unauthorized access to information submitted

to the director under Section 481.075.

(b) An offense under this section is a state jail felony.

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

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 29, eff. Jan. 1,

1998.

Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL MATTERS.

(a) A registrant or dispenser commits an offense if the

registrant or dispenser knowingly:

(1) distributes, delivers, administers, or dispenses a

controlled substance in violation of Sections 481.070-481.075;

(2) manufactures a controlled substance not authorized by the

person's registration or distributes or dispenses a controlled

substance not authorized by the person's registration to another

registrant or other person;

(3) refuses or fails to make, keep, or furnish a record, report,

notification, order form, statement, invoice, or information

required by this chapter;

(4) prints, manufactures, possesses, or produces 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.

(d) If a person commits an act that would otherwise be an

offense under Subsection (a) except that it was committed without

the requisite culpable mental state, the person is liable to the

state for a civil penalty of not more than $1,000 for each act.

(e) A district attorney of the county where the act occurred may

file suit in district court in that county to collect a civil

penalty under this section, or the district attorney of Travis

County or the attorney general may file suit in district court in

Travis County to collect the penalty.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept.

1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 30, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 22, eff. Sept. 1, 2001.

Sec. 481.129. OFFENSE: FRAUD. (a) A person commits an offense

if the person knowingly:

(1) distributes as a registrant or dispenser a controlled

substance listed in Schedule I or II, unless the person

distributes the controlled substance under an order form as

required by Section 481.069;

(2) uses in the course of manufacturing, prescribing, or

distributing a controlled substance a registration number that is

fictitious, revoked, suspended, or issued to another person;

(3) 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

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.

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;

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

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

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(p), eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff.

Sept. 1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 31, eff. Jan.

1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 23, eff. Sept. 1,

2001.

Sec. 481.130. PENALTIES UNDER OTHER LAW. A penalty imposed for

an offense under this chapter is in addition to any civil or

administrative penalty or other sanction imposed by law.

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

Sec. 481.131. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE

PROPERTY OR PLANT. (a) A person commits an offense if the

person intentionally or knowingly:

(1) converts to the person's own use or benefit a controlled

substance property or plant seized under Section 481.152 or

481.153; or

(2) diverts to the unlawful use or benefit of another person a

controlled substance property or plant seized under Section

481.152 or 481.153.

(b) An offense under this section is a state jail felony.

Added by Acts 1991, 72nd Leg., ch. 141, Sec. 2, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff.

Sept. 1, 1994.

Sec. 481.132. MULTIPLE PROSECUTIONS. (a) In this section,

"criminal episode" means the commission of two or more offenses

under this chapter under the following circumstances:

(1) the offenses are committed pursuant to the same transaction

or pursuant to two or more transactions that are connected or

constitute a common scheme, plan, or continuing course of

conduct; or

(2) the offenses are the repeated commission of the same or

similar offenses.

(b) A defendant may be prosecuted in a single criminal action

for all offenses arising out of the same criminal episode. If a

single criminal action is based on more than one charging

instrument within the jurisdiction of the trial court, not later

than the 30th day before the date of the trial, the state shall

file written notice of the action.

and a new trial is ordered, the state may not prosecute in a

single criminal action in the new trial any offense not joined in

the former prosecution unless evidence to establish probable

guilt for that offense was not known to the appropriate

prosecution official at the time the first prosecution began.

(d) If the accused is found guilty of more than one offense

arising out of the same criminal episode prosecuted in a single

criminal action, sentence for each offense for which the accused

has been found guilty shall be pronounced, and those sentences

run concurrently.

(e) If it appears that a defendant or the state is prejudiced by

a joinder of offenses, the court may order separate trials of the

offenses or provide other relief as justice requires.

(f) This section provides the exclusive method for consolidation

and joinder of prosecutions for offenses under this chapter. This

section is not a limitation of Article 36.09 or 36.10, Code of

Criminal Procedure.

Added by Acts 1991, 72nd Leg., ch. 193, Sec. 1, eff. Sept. 1,

1991. Renumbered from Health & Safety Code Sec. 481.131 by

Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(17a), eff. Nov.

12, 1991.

Sec. 481.133. OFFENSE: FALSIFICATION OF DRUG TEST RESULTS. (a)

A person commits an offense if the person knowingly or

intentionally uses or possesses with intent to use any substance

or device designed to falsify drug test results.

(b) A person commits an offense if the person knowingly or

intentionally delivers, possesses with intent to deliver, or

manufactures with intent to deliver a substance or device

designed to falsify drug test results.

test designed to detect the presence of a controlled substance or

marihuana.

(d) An offense under Subsection (a) is a Class B misdemeanor.

(e) An offense under Subsection (b) is a Class A misdemeanor.

Added by Acts 1991, 72nd Leg., ch. 274, Sec. 1, eff. Sept. 1,

1991. Renumbered from Health & Safety Code Sec. 481.131 by

Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(17b), eff. Nov.

12, 1991.

Sec. 481.134. DRUG-FREE ZONES. (a) In this section:

(1) "Minor" means a person who is younger than 18 years of age.

(2) "Institution of higher education" means any public or

private technical institute, junior college, senior college or

university, medical or dental unit, or other agency of higher

education as defined by Section 61.003, Education Code.

(3) "Playground" means any outdoor facility that is not on the

premises of a school and that:

(A) is intended for recreation;

(B) is open to the public; and

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

(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.

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 the premises of a school,

the premises of a public or private youth center, or a

playground; 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, the

premises of a public or private youth center, or a playground; 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, the

premises of a public or private youth center, or a playground; 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, the

premises of a public or private youth center, or a playground; or

(2) on a school bus.

(g) Subsection (f) does not apply to an offense if:

(1) the offense was committed inside a private residence; and

(2) no minor was present in the private residence at the time

the offense was committed.

(h) Punishment that is increased for a conviction for an offense

listed under this section may not run concurrently with

punishment for a conviction under any other criminal statute.

Added by Acts 1993, 73rd Leg., ch. 888, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 39, eff. May

30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 38, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 1063, Sec. 9, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 570, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

452, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

452, Sec. 2, eff. September 1, 2009.

Sec. 481.135. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a

prosecution under Section 481.134, a map produced or reproduced

by a municipal or county engineer for the purpose of showing the

location and boundaries of drug-free zones is admissible in

evidence and is prima facie evidence of the location or

boundaries of those areas if the governing body of the

municipality or county adopts a resolution or ordinance approving

the map as an official finding and record of the location or

boundaries of those areas.

(b) A municipal or county engineer may, on request of the

governing body of the municipality or county, revise a map that

has been approved by the governing body of the municipality or

county as provided by Subsection (a).

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 Evidence.

Added by Acts 1993, 73rd Leg., ch. 888, Sec. 3, eff. Sept. 1,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 9.004, eff. September 1, 2005.

Sec. 481.136. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL

PRECURSOR. (a) A person commits an offense if the person sells,

transfers, furnishes, or receives a 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 or 481.0771;

(3) knowingly makes a false statement in a report or record

required by Section 481.077, 481.0771, or 481.078; or

(4) knowingly violates a rule adopted under Section 481.077,

481.0771, or 481.078.

(b) An offense under this section is a state jail felony, unless

it is shown on the trial of the offense that the defendant has

been previously convicted of an offense under this section or

Section 481.137, in which event the offense is a felony of the

third degree.

Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1,

1998. Amended by Acts 2001, 77th Leg., ch. 251, Sec. 24, eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

282, Sec. 8, eff. August 1, 2005.

Sec. 481.137. OFFENSE: TRANSFER OF PRECURSOR SUBSTANCE FOR

UNLAWFUL MANUFACTURE. (a) A person commits an offense if the

person sells, transfers, or otherwise furnishes a 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, Sec. 32, eff. Jan. 1,

1998. Amended by Acts 2001, 77th Leg., ch. 251, Sec. 25, eff.

Sept. 1, 2001.

Sec. 481.138. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL

LABORATORY APPARATUS. (a) A person commits an offense if the

person sells, transfers, furnishes, or receives 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, Sec. 32, eff. Jan. 1,

1998. Amended by Acts 2001, 77th Leg., ch. 251, Sec. 26, eff.

Sept. 1, 2001.

Sec. 481.139. OFFENSE: TRANSFER OF CHEMICAL LABORATORY APPARATUS

FOR UNLAWFUL MANUFACTURE. (a) A person commits an offense if

the person sells, transfers, or otherwise furnishes 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, Sec. 32, eff. Jan. 1,

1998. Amended by Acts 2001, 77th Leg., ch. 251, Sec. 27, eff.

Sept. 1, 2001.

Sec. 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, Sec. 1, eff. June 14,

2001.

Sec. 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.

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, Sec. 2, eff. Sept. 1,

2003.

SUBCHAPTER E. FORFEITURE

Sec. 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.

(3) "Summary destruction" or "summarily destroy" means

destruction without the necessity of any court action, a court

order, or further proceedings.

(4) "Summary forfeiture" or "summarily forfeit" means forfeiture

without the necessity of any court action, a court order, or

further proceedings.

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

1991; Acts 2001, 77th Leg., ch. 251, Sec. 28, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

152, Sec. 1, eff. May 21, 2007.

Sec. 481.152. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY

DESTRUCTION OF CONTROLLED SUBSTANCE PLANTS. (a) Controlled

substance plants are subject to seizure and summary forfeiture to

the state if:

(1) the plants have been planted, cultivated, or harvested in

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.

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.

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

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

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

152, Sec. 2, eff. May 21, 2007.

Acts 2007, 80th Leg., R.S., Ch.

152, Sec. 3, eff. May 21, 2007.

Sec. 481.153. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY

DESTRUCTION OF CONTROLLED SUBSTANCE PROPERTY. (a) Controlled

substance property that is manufactured, delivered, or possessed

in violation of this chapter is subject to seizure and summary

forfeiture to the state.

(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.

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

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

152, Sec. 4, eff. May 21, 2007.

Acts 2007, 80th Leg., R.S., Ch.

152, Sec. 5, eff. May 21, 2007.

Sec. 481.154. RULES. (a) The director may adopt reasonable

rules and procedures, not inconsistent with the provisions of

this chapter, concerning:

(1) summary forfeiture and summary 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.

must be completed, retained, and made available for inspection by

the director.

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

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

152, Sec. 6, eff. May 21, 2007.

Sec. 481.159. DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY OR

PLANT. (a) If a district court orders the forfeiture of a

controlled substance property or plant under Chapter 59, Code of

Criminal Procedure, or under this code, the court shall also

order a law enforcement agency to:

(1) retain the property or plant for its official purposes,

including use in the investigation of offenses under this code;

(2) deliver the property or plant to a government agency for

official purposes;

(3) deliver the property or plant to a person authorized by the

court to receive it;

(4) deliver the property or plant to a person authorized by the

director to receive it for a purpose described by Section

481.065(a); or

(5) destroy the property or plant that is not otherwise disposed

of in the manner prescribed by this subchapter.

(b) The district court may not require the department to

receive, analyze, or retain a controlled substance property or

plant forfeited to a law enforcement agency other than the

department.

plant is not diluted, substituted, diverted, or tampered with

while being used in the investigation of offenses under this

code, law enforcement agencies using the property or plant for

this purpose shall:

(1) employ a qualified individual to conduct qualitative and

quantitative analyses of the property or plant before and after

their use in an investigation;

(2) maintain the property or plant in a secure storage area

accessible only to the law enforcement agency head and the

individual responsible for analyzing, preserving, and maintaining

security over the property or plant; and

(3) maintain a log documenting:

(A) the date of issue, date of return, type, amount, and

concentration of property or plant used in an investigation; and

(B) the signature and the printed or typed name of the peace

officer to whom the property or plant was issued and the

signature and the printed or typed name of the individual issuing

the property or plant.

(d) A law enforcement agency may contract with another law

enforcement agency to provide security that complies with

Subsection (c) for controlled substance property or plants.

(e) A law enforcement agency may adopt a written policy with

more stringent requirements than those required by Subsection

(c). The director may enter and inspect, in accordance with

Section 481.181, a location at which an agency maintains records

or controlled substance property or plants as required by this

section.

(f) If a law enforcement agency uses a controlled substance

property or plant in the investigation of an offense under this

code and the property or plant has been transported across state

lines before the forfeiture, the agency shall cooperate with a

federal agency in the investigation if requested to do so by the

federal agency.

(g) Under the rules of the department, a law enforcement agency

head may grant to another person access to a secure storage

facility under Subsection (c)(2).

(h) A county, justice, or municipal court may order forfeiture

of a controlled substance property or plant, unless the lawful

possession of and title to the property or plant can be

ascertained. If the court determines that a person had lawful

possession of and title to the controlled substance property or

plant before it was seized, the court shall order the controlled

substance property or plant returned to the person, if the person

so desires. The court may only order the destruction of a

controlled substance property or plant that is not otherwise

disposed of in the manner prescribed by Section 481.160.

(i) If a controlled substance property or plant seized under

this chapter was forfeited to an agency for the purpose of

destruction or for any purpose other than investigation, the

property or plant may not be used in an investigation unless a

district court orders disposition under this section and permits

the use of the property or plant in the investigation.

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

Amended by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 5(a),

eff. Oct. 18, 1989; Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff.

Sept. 1, 1991.

Sec. 481.160. DESTRUCTION OF 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).

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) Repealed by Acts 2005, 79th Leg., Ch. 1224, Sec. 19(2), eff.

September 1, 2005.

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

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(r), eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 199, eff. Sept.

1, 1991; Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept; 1,

1991; Acts 1991, 72nd Leg., ch. 285, Sec. 2, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 745, Sec. 33, eff. Jan. 1, 1998; Acts

2001, 77th Leg., ch. 251, Sec. 29, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1224, Sec. 19(2), eff. September 1, 2005.

SUBCHAPTER F. INSPECTIONS, EVIDENCE, AND MISCELLANEOUS LAW

ENFORCEMENT PROVISIONS

Sec. 481.181. INSPECTIONS. (a) The director may enter

controlled premises at any reasonable time and inspect the

premises and items described by Subsection (b) in order to

inspect, copy, and verify the correctness of a record, report, or

other document required to be made or kept under this chapter and

to perform other functions under this chapter. 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.

controlled premises consents in writing, the director may not

inspect:

(1) financial data;

(2) sales data other than shipment data; or

(3) pricing data.

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

Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 11, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 12, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 13, eff. Sept. 1,

2003.

Sec. 481.184. BURDEN OF PROOF; LIABILITIES. (a) The state is

not required to negate an exemption or exception provided by this

chapter in a complaint, information, indictment, or other

pleading or in any trial, hearing, or other proceeding under this

chapter. A person claiming the benefit of an exemption or

exception has the burden of going forward with the evidence with

respect to the exemption or exception.

(b) In the absence of proof that a person is the duly authorized

holder of an appropriate registration or order form issued under

this chapter, the person is presumed not to be the holder of the

registration or form. The presumption is subject to rebuttal by a

person charged with an offense under this chapter.

state, county, or municipal officer engaged in the lawful

performance of official duties.

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

Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 14, eff. Sept. 1,

2003.

Sec. 481.185. ARREST REPORTS. (a) Each law enforcement agency

in this state shall file monthly with the director a report of

all arrests made for drug offenses and quantities of controlled

substances seized during the preceding month. The agency shall

make the report on a form provided by the director and shall

provide the information required by the form.

(b) The director shall publish an annual summary of all drug

arrests and controlled substances seized in the state.

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

Sec. 481.186. COOPERATIVE ARRANGEMENTS. (a) The director shall

cooperate with federal and state agencies in discharging the

director's responsibilities concerning traffic in controlled

substances and in suppressing the abuse of controlled substances.

The director may:

(1) arrange for the exchange of information among government

officials concerning the use and abuse of controlled substances;

(2) cooperate in and coordinate training programs concerning

controlled substances law enforcement at local and state levels;

(3) cooperate with the Federal Drug Enforcement Administration

and state agencies by establishing a centralized unit to accept,

catalog, file, and collect statistics, including records on

drug-dependent persons and other controlled substance law

offenders in this state and, except as provided by Section

481.068, make the information available for federal, state, and

local law enforcement purposes; and

(4) conduct programs of eradication aimed at destroying wild or

illegal growth of plant species from which controlled substances

may be extracted.

(b) In the exercise of regulatory functions under this chapter,

the director may rely on results, information, and evidence

relating to the regulatory functions of this chapter received

from the Federal Drug Enforcement Administration or a state

agency.

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

Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 15, eff. Sept. 1,

2003.

SUBCHAPTER G. THERAPEUTIC RESEARCH PROGRAM

Sec. 481.201. RESEARCH PROGRAM; REVIEW BOARD. (a) The Texas

Board of Health may establish a controlled substance therapeutic

research program for the supervised use of tetrahydrocannabinols

for medical and research purposes to be conducted in accordance

with this chapter.

(b) If the Texas Board of Health establishes the program, the

board shall create a research program review board. The review

board members are appointed by the Texas Board of Health and

serve at the will of the board.

(1) a licensed physician certified by the American Board of

Ophthalmology;

(2) a licensed physician certified by the American Board of

Internal Medicine and certified in the subspecialty of medical

oncology;

(3) a licensed physician certified by the American Board of

Psychiatry;

(4) a licensed physician certified by the American Board of

Surgery;

(5) a licensed physician certified by the American Board of

Radiology; and

(6) a licensed attorney with experience in law pertaining to the

practice of medicine.

(d) Members serve without compensation but are entitled to

reimbursement for actual and necessary expenses incurred in

performing official duties.

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

Sec. 481.202. REVIEW BOARD POWERS AND DUTIES. (a) The review

board shall review research proposals submitted and medical case

histories of persons recommended for participation in a research

program and determine which research programs and persons are

most suitable for the therapy and research purposes of the

program. The review board shall approve the research programs,

certify program participants, and conduct periodic reviews of the

research and participants.

(b) The review board, after approval of the Texas Board of

Health, may seek authorization to expand the research program to

include diseases not covered by this subchapter.

charge of approved research programs and of all persons who

participate in the program as researchers or as patients.

(d) The Texas Board of Health may terminate the distribution of

tetrahydrocannabinols and their derivatives to a research program

as it determines necessary.

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

Sec. 481.203. PATIENT PARTICIPATION. (a) A person may not be

considered for participation as a recipient of

tetrahydrocannabinols and their derivatives through a research

program unless the person is recommended to a person in charge of

an approved research program and the review board by a physician

who is licensed by the Texas State Board of Medical Examiners and

is attending the person.

(b) A physician may not recommend a person for the research

program unless the person:

(1) has glaucoma or cancer;

(2) is not responding to conventional treatment for glaucoma or

cancer or is experiencing severe side effects from treatment; and

(3) has symptoms or side effects from treatment that may be

alleviated by medical use of tetrahydrocannabinols or their

derivatives.

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

Sec. 481.204. ACQUISITION AND DISTRIBUTION OF CONTROLLED

SUBSTANCES. (a) The Texas Board of Health shall acquire the

tetrahydrocannabinols and their derivatives for use in the

research program by contracting with the National Institute on

Drug Abuse to receive tetrahydrocannabinols and their derivatives

that are safe for human consumption according to the regulations

adopted by the institute, the Food and Drug Administration, and

the Federal Drug Enforcement Administration.

(b) The Texas Board of Health shall supervise the distribution

of the tetrahydrocannabinols and their derivatives to program

participants. The tetrahydrocannabinols and derivatives of

tetrahydrocannabinols may be distributed only by the person in

charge of the research program to physicians caring for program

participant patients, under rules adopted by the Texas Board of

Health in such a manner as to prevent unauthorized diversion of

the substances and in compliance with all requirements of the

Federal Drug Enforcement Administration. The physician is

responsible for dispensing the substances to patients.

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

Sec. 481.205. RULES; REPORTS. (a) The Texas Board of Health

shall adopt rules necessary for implementing the research

program.

(b) If the Texas Board of Health establishes a program under

this subchapter, the commissioner shall publish a report not

later than January 1 of each odd-numbered year on the medical

effectiveness of the use of tetrahydrocannabinols and their

derivatives and any other medical findings of the research

program.

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

SUBCHAPTER H. ADMINISTRATIVE PENALTY

Sec. 481.301. IMPOSITION OF PENALTY. The department may impose

an administrative penalty on a person who violates Section

481.061, 481.066, 481.067, 481.069, 481.074, 481.075, 481.077,

481.0771, 481.078, 481.080, or 481.081 or a rule or order adopted

under any of those sections.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.302. AMOUNT OF PENALTY. (a) The amount of the penalty

may not exceed $1,000 for each violation, and each day a

violation continues or occurs is a separate violation for

purposes of imposing a penalty. The total amount of the penalty

assessed for a violation continuing or occurring on separate days

under this subsection may not exceed $20,000.

(b) The amount shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the threat to health or safety caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) whether the violator demonstrated good faith, including when

applicable whether the violator made good faith efforts to

correct the violation; and

(6) any other matter that justice may require.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.303. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)

If the department initially determines that a violation occurred,

the department shall give written notice of the report to the

person by certified mail, registered mail, personal delivery, or

another manner of delivery that records the person's receipt of

the notice.

(b) The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended penalty; and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.304. PENALTY TO BE PAID OR INFORMAL HEARING REQUESTED.

(a) Before the 21st day after the date the person receives

notice under Section 481.303, the person in writing may:

(1) accept the determination and recommended penalty; or

(2) make a request for an informal hearing held by the

department on the occurrence of the violation, the amount of the

penalty, or both.

(b) At the conclusion of an informal hearing requested under

Subsection (a), the department may modify the amount of the

recommended penalty.

penalty, including any modification of the amount, or if the

person fails to timely respond to the notice, the director by

order shall approve the determination and impose the recommended

penalty.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.305. FORMAL HEARING. (a) The person may request a

formal hearing only after participating in an informal hearing.

(b) The request must be submitted in writing and received by the

department before the 21st day after the date the person is

notified of the decision from the informal hearing.

the director by order shall approve the determination from the

informal hearing and impose the recommended penalty.

(d) If the person timely requests a formal hearing, the director

shall refer the matter to the State Office of Administrative

Hearings, which shall promptly set a hearing date and give

written notice of the time and place of the hearing to the

director and to the person. An administrative law judge of the

State Office of Administrative Hearings shall conduct the

hearing.

(e) The administrative law judge shall make findings of fact and

conclusions of law and promptly issue to the director a proposal

for a decision about the occurrence of the violation and the

amount of any proposed penalty.

(f) If a penalty is proposed under Subsection (e), the

administrative law judge shall include in the proposal for a

decision a finding setting out costs, fees, expenses, and

reasonable and necessary attorney's fees incurred by the state in

bringing the proceeding. The director may adopt the finding and

impose the costs, fees, and expenses on the person as part of the

final order entered in the proceeding.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.306. DECISION. (a) Based on the findings of fact,

conclusions of law, and proposal for a decision, the director by

order may:

(1) find that a violation occurred and impose a penalty; or

(2) find that a violation did not occur.

(b) The notice of the director's order under Subsection (a) that

is sent to the person in the manner provided by Chapter 2001,

Government Code, must include a statement of the right of the

person to judicial review of the order.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

Before the 31st day after the date the order under Section

481.306 that imposes an administrative penalty becomes final, the

person shall:

(1) pay the penalty; or

(2) file a petition for judicial review of the order contesting

the occurrence of the violation, the amount of the penalty, or

both.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.308. STAY OF ENFORCEMENT OF PENALTY. (a) Within the

period prescribed by Section 481.307, a person who files a

petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the order is

final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) sending a copy of the affidavit to the director by certified

mail.

(b) Following receipt of a copy of an affidavit under Subsection

(a)(2), the director may file with the court, before the sixth

day after the date of receipt, a contest to the affidavit. The

court shall hold a hearing on the facts alleged in the affidavit

as soon as practicable and shall stay the enforcement of the

penalty on finding that the alleged facts are true. The person

who files an affidavit has the burden of proving that the person

is financially unable to pay the penalty or to give a supersedeas

bond.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.309. COLLECTION OF PENALTY. (a) If the person does

not pay the penalty and the enforcement of the penalty is not

stayed, the penalty may be collected.

(b) The attorney general may sue to collect the penalty.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.310. DECISION BY COURT. (a) If the court sustains the

finding that a violation occurred, the court may uphold or reduce

the amount of the penalty and order the person to pay the full or

reduced amount of the penalty.

(b) If the court does not sustain the finding that a violation

occurred, the court shall order that a penalty is not owed.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.311. REMITTANCE OF PENALTY AND INTEREST. (a) If the

person paid the penalty and if the amount of the penalty is

reduced or the penalty is not upheld by the court, the court

shall order, when the court's judgment becomes final, that the

appropriate amount plus accrued interest be remitted to the

person before the 31st day after the date that the judgment of

the court becomes final.

(b) The interest accrues at the rate charged on loans to

depository institutions by the New York Federal Reserve Bank.

date the penalty is paid and ending on the date the penalty is

remitted.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.312. RELEASE OF BOND. (a) If the person gave a

supersedeas bond and the penalty is not upheld by the court, the

court shall order, when the court's judgment becomes final, the

release of the bond.

(b) If the person gave a supersedeas bond and the amount of the

penalty is reduced, the court shall order the release of the bond

after the person pays the reduced amount.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.313. ADMINISTRATIVE PROCEDURE. A proceeding to impose

the penalty is considered to be a contested case under Chapter

2001, Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

Sec. 481.314. DISPOSITION OF PENALTY. The department shall send

any amount collected as a penalty under this subchapter to the

comptroller for deposit to the credit of the general revenue

fund.

Added by Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 5, eff. September 1, 2007.

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2009 Texas Code HEALTH AND SAFETY CODE TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT

2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT