TX Health and Safety COde

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Author:
catboi
ID:
56903
Filename:
TX Health and Safety COde
Updated:
2010-12-20 06:46:52
Tags:
TX Health Safety Code
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Description:
481.121
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  1. 481.121. OFFENSE: POSSESSION OF MARIHUANA.
    • (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
    • (b) An offense under Subsection
    • (a) is:
    • (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;
    • (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;
    • (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;
    • (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;
    • (5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and
    • (6) punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.
  2. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA.
    (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

    (b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

    • (c) A person commits an offense if the person commits an offense under
    • Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor.

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

    (e) An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days.

    (f) An offense under Subsection (c) is a state jail felony.
  3. 483.041. POSSESSION OF DANGEROUS DRUG.
    (a) A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist acting in the manner described by Section 483.042(a)(1) or a practitioner acting in the manner described by Section 483.042(a)(2).

    (b) Except as permitted by this chapter, a person commits an offense if the person possesses a dangerous drug for the purpose of selling the drug.

    • (c) Subsection (a) does not apply to the possession of a dangerous drug in the usual course of business or practice or in the performance of official duties by the following persons or an agent or employee of the person:
    • (1) a pharmacy licensed by the board;
    • (2)
    • practitioner;
    • (3) a person who obtains a dangerous drug for lawful research, teaching, or testing, but not for resale;
    • (4) a hospital that obtains a dangerous drug for lawful administration by a practitioner;
    • (5) an officer or employee of the federal, state, or local government;
    • (6) a manufacturer or wholesaler licensed by the Department of State Health Services under Chapter 431 (Texas Food, Drug, and Cosmetic Act);
    • (7) a carrier or warehouseman; (8) a home and community support services agency licensed under and acting in accordance with Chapter 142; (9) a licensed midwife who obtains oxygen for administration to a mother or newborn or who obtains a dangerous drug for the administration of prophylaxis to a newborn for the prevention of ophthalmia neonatorum in accordance with Section 203.353, Occupations Code; or
    • (10) a salvage broker or salvage operator licensed under Chapter 432

    (d) An offense under this section is a Class A misdemeanor.
  4. 483.045. FORGING OR ALTERING PRESCRIPTION.
    • (a) A person commits an offense if the person:
    • (1) forges a prescription or increases the prescribed quantity of a dangerous drug in a prescription;
    • (2) issues a prescription bearing a forged or fictitious signature;
    • (3) obtains or attempts to obtain a dangerous drug by using a forged, fictitious, or altered prescription;
    • (4) obtains or attempts to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or
    • (5) possesses a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call.

    (b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.

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