(6) a licensed attorney with experience in law pertaining to the practice of medicine. TEXAS CONTROLLED SUBSTANCES ACT. (b) If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed. (b) For the purposes of this section, Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 768), Sec. Sec. This true story of race and injustice in a small west Texas town "resembles . . . a modern day To Kill a Mockingbird -- or would, that is, if the novel were a true story and Atticus had won" (New York Times Book Review) In the summer of ... HB 441 eliminates the threat of arrest and jail time and establishes an opportunity for deferral, dismissal, and non-disclosure. 251, Sec. 26, eff. Acts 2017, 85th Leg., R.S., Ch. (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. Acts 1989, 71st Leg., ch. 745, Sec. 481.07635. 9.004, eff. 10, eff. (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; (3) abuse of the substance may lead to a more limited physical or psychological dependence than that of the substances listed in Schedule III. Sept. 1, 1989. September 1, 2019. In Denton, for example, you can be caught with an ounce of weed, but you’ll only walk away without your bud and with a class C misdemeanor ticket for drug paraphernalia. Ginger and Liz nail fail (advice needed lol). 481.0764. Sec. April 2, 2015. 481.132. Acts 1989, 71st Leg., ch. 1 (S.B. 1200 (S.B. 4, eff. The board shall use automated information security techniques and devices to preclude improper access to the information. Acts 2007, 80th Leg., R.S., Ch. 164), Sec. 1, eff. The office—packed with enough American flags and patriotic-themed paraphernalia to fill a Statue of Liberty gift shop—had the feel of a steam room. 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. 789, Sec. Sept. 1, 2003. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 5, eff. ); or. Sept. 1, 1989. 481.072. 8, eff. 195), Sec. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. Any location that is within 1000 feet of premises owned, rented, or leased by Acts 2011, 82nd Leg., R.S., Ch. 1 Federal agencies collaborate with both state and local law enforcement to ensure effective controls over substances that are deemed to be a danger to individuals and to society. 1, eff. 3.1234, eff. Whatever type of drug crime is involved, having any kind of drug conviction on your record can have severe consequences. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1998; Acts 1999, 76th Leg., ch. 2561), Sec. September 1, 2016. (15) "Distributor" means a person who distributes. Sec. 219), Sec. 12, Sec. (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. 745, Sec. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1. Acts 2019, 86th Leg., R.S., Ch. 4.011(1), eff. (p) Repealed by Acts 2019, 86th Leg., R.S., Ch. (c) The board by rule shall design and implement a system for submission of information to the board by electronic or other means and for retrieval of information submitted to the board under this section and Sections 481.074 and 481.075. Searches and Texas Drug Possession Laws. (4) minimum tolerance for and the circumstances of loss or destruction during an investigation. 678, Sec. 774 (S.B. 1188, Sec. In general, "drug paraphernalia" describes any equipment that's used to prepare, inject, inhale, or conceal illegal drugs. (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. 1100, Sec. DUTIES OF PRESCRIBERS, PHARMACISTS, AND RELATED HEALTH CARE PRACTITIONERS. September 1, 2021. (h) The board, in consultation with the department and the regulatory agencies listed in Section 481.076(a)(1), shall identify prescribing practices that may be potentially harmful and patient prescription patterns that may suggest drug diversion or drug abuse. SUBCHAPTER C. REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSATION OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, AND CHEMICAL LABORATORY APPARATUS. Amended by Acts 1991, 72nd Leg., ch. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 745, Sec. Says the author" "This book... is not written for the members of fringe political groups, such as the Weatherman, or The Minutemen. Those radical groups don't need this book. They already know everything that's in here. Sept. 1, 2001. 946), Sec. 1947), Sec. Amended by Acts 1989, 71st Leg., ch. 158), Sec. (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; (7) the potential of the substance to produce psychological or physiological dependence liability; and. 1969), Sec. September 1, 2019. 2612), Sec. A prescription that is partially filled and does not contain the notation "terminally ill hospice patient" or "LTCF patient" is considered to have been filled in violation of this chapter. State drug laws may be narrower as long as they don't conflict with federal drug laws. (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. 331), Sec. 481.038 and amended by Acts 1997, 75th Leg., ch. Section 1308.24 and its subsequent amendments. 1100, Sec. Sec. (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. In the United States, synthetic urine is legal to purchase and use in most states. Sept. 1, 1991. (3) "Commissioner" means the commissioner of state health services or the commissioner's designee. Laws in every state and at the federal level prohibit the possession, manufacture, and sale of certain controlled substances -- including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. 499 (H.B. September 1, 2011. (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. 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. RULES; REPORTS. (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. (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. Found insideCases Argued and Determined in the Courts of Arkansas, Kentucky, Missouri, Tennessee, Texas : with Key Number ... whether other contraband or drug paraphernalia was present ; whether defendant owned or had right to possess the place ... (2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency. This subsection expires August 31, 2023. (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. Sec. September 1, 2016. 25.106, eff. You must log in or register to reply here. 1643), Sec. September 1, 2019. 199, eff. Added by Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. (52) "Department" means the Department of Public Safety. Suggested Citation: Child Welfare Information Gateway. (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. 481.311. Acts 2009, 81st Leg., R.S., Ch. Juvenile Drug Charges. 1969), Sec. FINDINGS. 195), Sec. April 2, 2015. Acts 2019, 86th Leg., R.S., Ch. 24, eff. Acts 2021, 87th Leg., R.S., Ch. Photos, if provided, are courtesy of Saline County Jail. It may not display this or other websites correctly. 1, eff. 331), Sec. ADVISORY COMMITTEE. 481.067. September 1, 2021. Acts 2009, 81st Leg., R.S., Ch. 481.121. In the author’s University of Texas laboratory, investigators have been studying cocaine’s effect on one particular genetic component, a protein called ΔFosB. 219), Sec. (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. The pharmacist must record the prescription in the electronic prescription record and must indicate in the electronic prescription record whether the patient is a "terminally ill hospice patient" or an "LTCF patient." (c) An offense under this section is a felony of the second degree. 2174), Sec. September 1, 2009. (f) Except as otherwise provided by Subsection (f-1), an emergency scheduling under this section expires on September 1 of each odd-numbered year for any scheduling that occurs before January 1 of that year. Acts 2019, 86th Leg., R.S., Ch. Possession of drug paraphernalia; Although a Class C Misdemeanor is not considered a serious crime, it still can negatively affect your life in ways that you may not expect. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 33, eff. September 1, 2016. Amended by Acts 1997, 75th Leg., ch. 481.003. (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. (B) the name or other patient identification required by Section 481.074(m) or (n); (3) send all required information, including any information required to complete an electronic prescription record, to the board by electronic transfer or another form approved by the board not later than the next business day after the date the prescription is completely filled; and. 1125), Sec. 7, eff. For the first offense, the crime is considered a misdemeanor with a maximum sentence of one year in jail and a fine up to $4,000. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1226 (S.B. 331), Sec. 481.105. Added by Acts 2013, 83rd Leg., R.S., Ch. 7, eff. Amended by Acts 2001, 77th Leg., ch. PATIENT PARTICIPATION. (46) "Substitution" means the dispensing of a drug or a brand of drug other than that which is ordered or prescribed. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 7, eff. September 1, 2019. Sept. 1, 1989. 195), Sec. (d) Before selling, transferring, or otherwise furnishing to a person in this state a chemical precursor subject to Subsection (a), a manufacturer, wholesaler, retailer, or other person shall: (1) if the recipient does not represent a business, obtain from the recipient: (A) the recipient's driver's license number or other personal identification certificate number, date of birth, and residential or mailing address, other than a post office box number, from a driver's license or personal identification certificate issued by the department that contains a photograph of the recipient; (B) the year, state, and number of the motor vehicle license of the motor vehicle owned or operated by the recipient; (C) a complete description of how the chemical precursor is to be used; and. 25(1), eff. 1, eff. (b) If the executive commissioner establishes the program, the executive commissioner shall create a research program review board. September 1, 2021. 1099, Sec. 165, Sec. 739 (S.B. 17, eff. 64 (S.B. (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). A practitioner is personally responsible for the actions of the designated agent in communicating a prescription to a pharmacist. Jan. 1, 1998; Acts 2003, 78th Leg., ch. September 1, 2019. (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. (f) Repealed by Acts 2005, 79th Leg., Ch. 1694), Sec. A regulatory agency that issues a license, certification, or registration to a prescriber or dispenser shall provide the board with any necessary information for each prescriber or dispenser, including contact information for the notifications described by Sections 481.0761(i) and (k), to register the prescriber or dispenser with the system by which the prescriber or dispenser receives information as authorized under Section 481.076(a)(5). EVIDENTIARY RULES RELATING TO DRUG PARAPHERNALIA. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 1266, Sec. 282 (H.B. 2, eff. Sept. 1, 1991. Acts 2015, 84th Leg., R.S., Ch. 1, eff. September 1, 2019. (b) If the property consists of a single container of liquid, taking and preserving one representative sample complies with Subsection (a)(1). 1, eff. Acts 2019, 86th Leg., R.S., Ch. 15, eff. Sec. (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. (f) The board 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. 6 An individual who has repeatedly been caught selling drugs may face double the fines … 1 Federal agencies collaborate with both state and local law enforcement to ensure effective controls over substances that are deemed to be a danger to individuals and to society. (a) The appropriate regulatory agency that issued the license, certification, or registration to a prescriber is authorized to grant a prescriber a waiver from the electronic prescribing requirement under the provisions of this section. (d) A violation of Subsection (a) is grounds for disciplinary action by the regulatory agency that issued a license, certification, or registration to the person who committed the violation. 30, eff. 481.0756. A prescription under this subsection must comply with other applicable state and federal laws. 39, eff. REPORT. 13, eff. Sec. Sec. (b) The review board, after approval of the executive commissioner, may seek authorization to expand the research program to include diseases not covered by this subchapter. Acts 2019, 86th Leg., R.S., Ch. 678, Sec. September 1, 2005. Sept. 1, 1989. (d) The board by rule shall authorize a practitioner to determine whether it is necessary to obtain a particular patient identification number and to provide that number in the electronic prescription record. Acts 2019, 86th Leg., R.S., Ch. (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 or to a person who supplies the substance to the church. Found inside – Page 30Items such as miniature scales , substances for “ cutting ” or diluting raw narcotics , bongs , marijuana pipes , roach clips , miniature spoons , and cocaine freebase kits , among other things , are all considered drug paraphernalia . (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. Acts 2009, 81st Leg., R.S., Ch. Still, word failed to get out to CBD stores that anything containing the substance, like candy or … 616), Sec. 481.122. September 1, 2019. Added by Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. 164), Sec. (d) The liability provided under this section for the actions of a retail establishment's employees, customers, members, or guests who are or become intoxicated by the consumption or ingestion of a synthetic cannabinoid is in lieu of common law or other statutory law warranties and duties of retail establishments. (10) "Designated agent" means an individual designated under Section 481.074(b-2) to communicate a practitioner's instructions to a pharmacist in an emergency. Jan. 1, 1998. Acts 1989, 71st Leg., ch. 1, eff. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. Sept. 1, 2003. The pharmacist may dispense a controlled substance pursuant to an otherwise valid written, oral, or telephonically communicated prescription consistent with the requirements of this subchapter. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE PROPERTY OR PLANT. 768), Sec. A person covered by this subsection: Added by Acts 1989, 71st Leg., ch. The board shall submit the system design to the director and the Texas Medical Board for review and 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. Sept. 1, 1989. Sec. Section 355); or. 481.035. 6, eff. 1200 (S.B. 1694), Sec. Amended by Acts 2001, 77th Leg., ch. September 1, 2021. Sept. 1, 1989. (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. September 1, 2009. 481.1131. (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. Title 4, Penal Code, applies to an offense under this chapter. (j) The board may enter into an interoperability agreement with one or more states or an association of states authorizing the board to access prescription monitoring information maintained or collected by the other state or states or the association, including information maintained on a central database such as the National Association of Boards of Pharmacy Prescription Monitoring Program InterConnect. 14, Sec. For a better experience, please enable JavaScript in your browser before proceeding. At any time if there is a confirmation of a positive drug screening, the student will be removed from clinical courses for a period of one calendar year. September 1, 2019. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 808 (H.B. (3) deliver to the owner, operator, or agent in charge of the premises a written notice of inspection authority. EXEMPTIONS. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 219), Sec. The federal farm bill in 2018 made the substance legal because of its low THC content. Whatever type of drug crime is involved, having any kind of drug conviction on your record can have severe consequences. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2.02, eff. 481.0771. 745, Sec. 25(1), eff. 616), Sec. (c) The minimum term of confinement or imprisonment for an offense otherwise punishable under Section 481.112(c), (d), (e), or (f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), 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; (d) An offense otherwise punishable under Section 481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 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; (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: (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: (g) Subsection (f) does not apply to an offense if: (1) the offense was committed inside a private residence; and.
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