Health & Safety Code class #319

Which book is considered a source to use for identifying certain dangerous drugs?

Physician's Desk Reference

TRUE OR FALSE: In drug investigations, factors that contribute to probable cause include lack of identification, lack of registration and/or insurance, driver says he does not have a key to the trunk.

True

It 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.

Administer

Four of the six major categories of controlled substances includes narcotics, depressants, and:

Hallucinogens

It 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.

Deliver

It 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 the chapter (Chapter 481).

Drug Paraphernalia

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 _______ 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 _______ feet of the premises of a public swimming pool or video arcade facility.

1000 / 300

(HSC 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 ____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.

18

(HSC 481.121) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a _________quantity of marihuana.

Usable

The 4 methods of drug abuse are ingestion, inhalation, application and:

Injection

(HSC 483.001) This term describes a drug that bears or is required to bear the legend: "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law. Also means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4

Dangerous drug

In relation to equipment and it's importance in conducting clandestine drug investigations, identify the following piece of equipment:

A self-contained breathing apparatus

Joe buys four tablets of Oxycontin (which requires a prescription) from drug-dealer Sam. Joe is stopped by the police and is arrested for a traffic warrant. While being booked, the arresting officer finds the Oxycontin in Joe's pocket. What offense, if any, has Joe committed?

Possession of a Controlled Substance

(HSC 483.005) David is addicted to prescription pain killers, but is unable to obtain a legitimate prescription for them. Desperate, David calls the local pharmacy and states he is from a doctor's office. He fraudulently gives a notice for a prescription fill. Upon arriving at the pharmacy, the pharmacy technician refuses to give David the medication, determining that the telephone call was not from the doctor's office. What offense, if any, has David committed?

Forging or Altering Prescription

(HSC 485.001) It means equipment or materials of any kind that are intended for use in inhaling, ingesting, or otherwise introducing into the human body an abusable volatile chemical. The term includes a tube, balloon, bag, fabric, bottle, or other container used to concentrate or hold in suspension an abusable volatile chemical or vapors of the chemical.

Inhalant Paraphernalia

(HSC 481.002) A person sells cocaine to another person for $500. This sale constitutes which one of the following?

Deliver

TRUE OR FALSE: Enhancements that may affect the punishment one receives for violating the Texas Drug laws include: Deadly weapon used in commission of offense in or immediate flight there from; Manufacture of Substance in Penalty Group I: Presence of Child; and, Diversion of controlled substance by registrants, dispensers and certain other persons.

True

According to the National Institute on Drug Abuse, the most commonly abused types of drugs include: Narcotic/Opioid, Stimulants/Cocaine and ______________.

Depressants

Related to common paraphernalia that may indicate substance abuse involving needles and syringes relates to:

Injection

Related to common paraphernalia that may indicate substance abuse involving bags and balloons relates to:

Inhalation

Related to common paraphernalia that may indicate substance abuse involving gelatin capsules and tablets relates to:

Ingestion

Typical characteristics of drug smugglers include extended travel without luggage, luggage carried on back seat and ___________________.

Appears nervous upon contact with officer

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

Deliver

"_________________" means to prepare, package, compound, or label a dangerous drug in the course of professional practice for delivery under the lawful order of a practitioner to an ultimate user or the user's agent.

Dispense

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

Manufacturer

"________________" means an order from a practitioner, or an agent of the practitioner designated in writing as authorized to communicate prescriptions, or an order made in accordance with Subchapter B, Chapter 157, Occupations Code, or Section 203.353, Occupations Code, to a pharmacist for a dangerous drug to be dispensed that states required information.

Prescription

A person commits an offense if the person possesses a dangerous drug for the purpose of ________ the drug.

Selling

According to HSC Sec. 483.074. SEIZURE AND DESTRUCTION. (a) A dangerous drug that is manufactured, sold, or possessed in violation of this chapter is _____________ and may be seized by an employee of the board or by a peace officer authorized to enforce this chapter and charged with that duty.

contraband

According to HSC Sec. 483.072. UNCORROBORATED TESTIMONY. A conviction under this chapter _____ be obtained on the uncorroborated testimony of a party to the offense.

May

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 _______ drug test results.

Falsify

Sec. 482.002. UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT TO DELIVER; CRIMINAL PENALTY. (a) A person commits an offense if the person knowingly or intentionally manufactures with the intent to deliver or delivers a ________________ controlled substance

Simulated

A substance, including a drug, an adulterant, and a dilutant, listed in Schedules I - V or penalty groups 1, 1-A, 2-4.

Controlled Substance

A substance specifically designed to produce an effect similar to or greater than the effect of a controlled substance in Schedule I or II or penalty group 1, 1-A, or 2

Controlled Substance Analogue

A substance that has an addition-forming or addiction-sustaining liability similar to morphine or is capable of conversion into a drug having addition-forming or addiction-sustaining liability

Opiate

A controlled substance that, without authorization, is in a container or has a label that bears the name of the manufacturer other than the person who in fact manufactured the substance.

Counterfeit Substance

Delivery of a controlled substance other than by administering or dispensing the substance.

Distribute

Substance, that is: (A) recognized as a drug in the official U.S. Pharmacopoeia, official Homeopathic Pharmacopoeia of the U.S., 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;(C) intended to affect the structure or function of the body of 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).

Drug

Substance, including a DRUG, an ADULTARANT, and a DILUTANT, listed in schedules I-V or Penalty Groups 1, 1A, or 2-4. The term includes the AGGREGATE weight of any mixture, solution, or other substance containing a controlled substance.

Controlled Substance

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

Controlled Substance Analogue

Controlled substance that, W/O 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

Counterfeit Substance

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

Dispense

Deliver a controlled substance other than by administering or dispensing the substance.

Distribute

Substance, that is: (A) recognized as a drug in the official U.S. Pharmacopoeia, official Homeopathic Pharmacopoeia of the U.S., 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; (C) intended to affect the structure or function of the body of 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).

Drug

Equipment/product/material used or intended for planting, propagating, cultivating, growing, harvesting, Manufacturing, compounding, converting, Producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance or in INJECTING, INGESTING, INHALING, or otherwise introducing into the human body a controlled substance.

Drug Paraphernalia

INJECTION, INHALATION, INGESTION, or application of a substance to or into a human body

Methods of Drug Abuse & Human Consumption

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 (C) a substance the control of which is necessary to prevent, curtail, or limit the MANUFACTURE of a controlled substance

Immediate Precursor

Production, preparation, propagation, compounding, conversion, or processing of a controlled substance OTHER THAN MARIHUANA. By a practitioner as an incident to the practitioner's administering or dispensing a controlled substance in the course of professional practice.

Manufacture 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.

Marijuana

Actual CARE, CUSTODY, CONTROL, OR MANAGEMENT

Possession

Individual, corporation, government, business trust, estate, trust, partnership, association, or any other legal entity.

Person

includes the MANUFACTURING, PLANTING, CULTIVATING, GROWING, or HARVESTING of a controlled substance

Production

1. Narcotics- Opiates and Cocaine 2. Depressants- Valium, Xanax, Barbiturates 3. Stimulants- Caffeine, Amphetamines, Methamphetamines, Ecstasy 4. Hallucinogens- LSD, PCP, Ketamine 5. Marijuana- TetraHydroCannabinol 6. Simulated Controlled Substances

Six Major Categories of Controlled Substances

Methamphetamine, Ketamine, Morphine, Heroin, Cocaine

Penalty Group 1

LSD- SJF: less than 20 units 2/F: 20-80 units 1/F: 80-4000 units 1/F w/15-99 +$250k fine: over 4000 units

Manufacture or Delivery of Penalty Group 1A

Mescaline, PCP, MDMA, Psilocybin (mushrooms):

Penalty Group 2

Synthetic Cannabanoids:K2

Penalty Group 2A

Possesses a usable quantity of marijuana: Class B: 2 oz or less Class A: 2 - 4 oz. SJF: 4 oz - 5 lbs. 3/F: 5 - 50 lbs. 2/F: 50 - 2000 lbs. 5-99 yrs. + $50k fine: more than 2000 lbs.

POSSESSION of Marijuana

Paint product, including a clear or pigmented lacquer or finish.

Aerosol paint

Equipment or materials of any kind intended for use in inhaling, ingesting, or otherwise introducing in the body an ABUSABLE VOLATILE CHEMICAL.

Inhalant paraphernalia

Delivers a controlled substance in Group 1, 1A, 2, 3 or Marijuana to a person under 18 or to a person the actor knows intends to deliver to person under 18, or is enrolled in elementary or secondary school.

Delivery of Controlled Substance or Marijuana to Minor HSC 481.122

If substance is in a schedule by an action of the commissioner of Chapter 481 but not listed in a penalty group.

Manufacture, Delivery, or Possession of HSC 481.119 Miscellaneous Substances

Possession = Class C, Deliver = Class A, Deliver to a person under 18 and 3 yrs younger than actor = State jail felony.

Possession of Drug Paraphernalia

Purported to be a controlled substance

Simulated Controlled Substance

1000 feet- school, public or private youth center, playground, school bus, any real property that is leased to a school or school board, higher learning centers 300 feet- public swimming pool or video arcade

Drug free zones/Distances

Means a device or a drug that is unsafe for SELF-MEDICATION and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend

Dangerous Drug

(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.

Forging/Altering Prescription

A) A person commits an offense if the person knowingly uses or possesses with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the human body an abusable volatile chemical

Inhalant Paraphernalia

Increases punishment one degree

Manufacture of substance in Penalty Group 1 in the presence of a child

INJECTION, INHALATION, INGESTION, or application of a substance to or into a human body.

Human Consumption

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: Opium and Opiates, Cocaine.

Narcotic Drug

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.

Opiate

What is the penalty for manufacturing or delivering less than 1 gram (PG1)?

State Jail Felony

What is the penalty for possession of 1-4 grams (PG1)?

3rd Degree Felony.

What is the penalty for manufacturing or delivering 400 grams or more (PG1)?

15-99 years and up to $250,000.

What is the possession penalty for fewer than 20 units (PG1A)?

State Jail Felony.

What is the penalty for manufacturing or delivering 20-80 units (PG1A)?

2nd Degree Felony.

What is the manufacturing or delivery penalty for 4,000-8,000 units (PG1A)?

1st Degree Felony.

What is the possession penalty for 4,000-8,000 units (PG1A)?

1st Degree Felony.

What is the possession penalty for less than 1 gram (PG2)?

State Jail Felony.

What is the penalty for manufacturing or delivering 4-400 grams (PG2)?

1st Degree Felony.

What is the possession penalty for 400 grams or more (PG2)?

5-99 years and up to $50,000.

What is the penalty for possession of 2 ounces or less of marijuana?

Class B Misdemeanor.

What is the penalty for manufacturing or delivering more than 2,000 pounds of marijuana?

10-99 years and up to $100,000.

What is the penalty for possession of less than 28 grams (PG3)?

Class A Misdemeanor.

What is the penalty for manufacturing or delivering 28-200 grams (PG3)?

2nd Degree Felony.

What is the possession penalty for 400 grams or more (PG3)?

5-99 years and up to $50,000.

What are examples of substances in Penalty Group 1 (PG1)?

Methamphetamine, cocaine, heroin, codeine, morphine, opium.

What are examples of substances in Penalty Group 2 (PG2)?

Amphetamines, mescaline, hallucinogenic substances, MDMA.

What are examples of substances in Penalty Group 2A (PG2A)?

Synthetic marijuana.

What is the penalty for manufacturing or delivering less than 28 grams (PG4)?

State Jail Felony.

What is the penalty for possession of 200-400 grams (PG4)?

2nd Degree Felony.

What are examples of substances in Penalty Group 1A (PG1A)?

LSD, NBOMe

What are examples of substances in Penalty Group 1B (PG1B)?

Fentanyl

What are examples of substances in Penalty Group 3 (PG3)?

Phenobarbital, Stimulants, Depressants

What are examples of substances in Penalty Group 3 (PG3)?

Anabolic Steroids