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«SUBCHAPTER A. GENERAL PROVISIONS Sec.A481.001.AASHORT TITLE. This chapter may be cited as the Texas Controlled Substances Act. Acts 1989, 71st Leg., ...»

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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.A481.001.AASHORT 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.A481.002.AADEFINITIONS. In this chapter:

(1)AA"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)AAa practitioner or an agent of the practitioner in the presence of the practitioner; or (B)AAthe patient or research subject at the direction and in the presence of a practitioner.

(2)AA"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)AA"Commissioner" means the commissioner of state health services or the commissioner ’s designee.

Text of subdivision effective until September 01, 2016 (4)AA"Controlled premises" means:

(A)AAa place where original or other records or documents required under this chapter are kept or are required to be kept; or (B)AAa 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.

Text of subdivision effective on September 01, 2016 (4)AA"Controlled premises" means:

(A)AAa place where original or other records or documents required under this chapter are kept or are required to be kept; or (B)AAa 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 the federal Controlled Substances Act (21 U.S.C. Section 801 et seq.) or this chapter, including a chemical precursor and a chemical laboratory apparatus.

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Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4.AAThe term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.

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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.

–  –  –

includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery.

(13)AA"Dispenser" means a practitioner, institutional practitioner, pharmacist, or pharmacy that dispenses a controlled States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the formulary;

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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:

–  –  –

propagating, cultivating, growing, or harvesting a species of plant that is a controlled substance or from which a controlled substance may be derived;

–  –  –

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;

–  –  –

Federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) or its successor statute.

(19)AA"Federal Drug Enforcement Administration" means the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

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controlled substance that has been obtained in accordance with state or federal law.

(25)AA"Manufacture" means the production, preparation,

–  –  –

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

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under the supervision of the practitioner, for or as an incident to research, teaching, or chemical analysis and not for delivery.

(26)AA"Marihuana" means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound,

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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.

–  –  –

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:

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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.

–  –  –

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.

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physician assistant to whom a physician has delegated the authority to prescribe or order a drug or device under Section 157.0511, 157.0512, or 157.054, Occupations Code.

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substance prescribed with the quantity shown numerically followed by the number written as a word if the order is written or, if the order is communicated orally or telephonically, with the quantity

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Federal Drug Enforcement Administration registration number, and telephone number of the practitioner at the practitioner ’s usual place of business.

(42)AA"Principal place of business" means a location where a person manufactures, distributes, dispenses, analyzes, or

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substance, or equipment used or intended for use, alone or in any combination, in manufacturing a controlled substance.

Text of subdivision effective until September 01, 2016

–  –  –

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)AA"Adulterant or dilutant" means any material that

–  –  –

regardless of its effect on the chemical activity of the controlled 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

–  –  –

Safety.

(53)AA"Chemical laboratory apparatus" means any item of equipment designed, made, or adapted to manufacture a controlled

substance or a controlled substance analogue, including:

–  –  –

securely transmitted by the organization among physicians, health care providers, or entities within a region, state, community, or hospital system; or

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eff. May 20, 2003; Acts 2003, 78th Leg., ch. 1099, Sec. 4, eff.

Sept. 1, 2003.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 23, eff.

November 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. 1643), Sec. 1, eff.

September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1227, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 64 (S.B. 172), Sec. 1, eff.

September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 65 (S.B. 173), Sec. 1, eff.

September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 712 (H.B. 1212), Sec. 3, eff.

September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 2, eff.

September 1, 2016.

Sec.A481.003.AARULES. (a)AAThe director may adopt rules to administer and enforce this chapter, other than Sections 481.073, 481.074, 481.075, 481.076, and 481.0761.AAThe board may adopt rules to administer Sections 481.073, 481.074, 481.075, 481.076, and 481.0761.

(b)AAThe 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.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 3, eff.

June 20, 2015.

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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.

–  –  –

Register on or after January 1, 1998.

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.A481.033.AAEXCLUSION 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)AAThe commissioner may not include in the schedules:

–  –  –

stimulant substance listed in Schedule II and having a potential for abuse associated with a stimulant effect on the central nervous system is excepted from the application of this chapter if the

–  –  –

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

–  –  –

depressant effect on the central nervous system.

(e)AAA nonnarcotic prescription substance is exempted from Schedules I through V and the application of this chapter to the

–  –  –

substance is listed as an exempt prescription product under 21 C.F.R. Section 1308.32 and its subsequent amendments.

(f)AAA 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

–  –  –

substance is listed as an exempt chemical preparation under 21 C.F.R. Section 1308.24 and its subsequent amendments.

(g)AAAn 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.

–  –  –

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.A481.034.AAESTABLISHMENT AND MODIFICATION OF SCHEDULES BY COMMISSIONER. (a)AAThe commissioner shall annually establish the schedules of controlled substances.AAThese annual schedules shall include the complete list of all controlled substances from the previous schedules and modifications in the federal schedules

–  –  –

controlling the substance.

(f)AARepealed by Acts 2003, 78th Leg., ch. 1099, Sec. 17.

(g)AAExcept 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

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