Unit #15 Health and Safety Code IRG TCOLE BPOC

Administer

To directly apply a controlled substance to the body of a patient or research subject.

Controlled substance

A drug or chemical whose manufacture, distribution, possession, and use are regulated by the government.

Controlled substance analogue

A substance that is chemically similar to a controlled substance and has similar effects.

Counterfeit substance

A controlled substance that is falsely represented as a different controlled substance.

Deliver or offer to deliver

To transfer, or offer to transfer, a controlled substance to another person.

Dispense

To deliver a controlled substance to an ultimate user or research subject.

Distribute

To deliver a controlled substance other than by administering or dispensing.

Drug

A substance recognized by an official pharmacopoeia or formulary.

Drug paraphernalia

Any equipment, product, or material that is used to prepare, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body.

Human consumption

The act of consuming a substance by a human being.

Immediate precursor

A substance that is used or likely to be used in the manufacture of a controlled substance.

Manufacture

The production, preparation, propagation, conversion, or processing of a controlled substance.

Marihuana

The cannabis plant and any part of the plant, including its seeds and resin.

Narcotic drug

A drug that affects mood or behavior and is often used for pain relief.

Opiate

A drug derived from opium that is used to relieve pain.

Person

An individual, corporation, or other legal entity.

Possession

The actual care, custody, control, or management of a controlled substance.

Production

The process of creating a controlled substance.

Narcotics

A category of drugs that includes opiates and synthetic drugs with similar effects.

Depressants

A category of drugs that reduce neural activity and slow body functions.

Stimulants

A category of drugs that increase neural activity and speed up body functions.

Hallucinogens

A category of drugs that alter perception, mood, and various cognitive processes.

Simulated controlled substances

Substances that mimic the effects of controlled substances but are not chemically identical.

508.145

Convict must serve at least half of sentence if deadly weapon finding, otherwise minimum ¼.

Manufacture of substance in PG 1: Presence of Child

Health and Safety Code Chapter 481.1122.

Complex synthetic & synthetic substances PG 2A

Health and Safety Code Chapter 481.113 & Health and Safety Code Chapter 481.116.

Diversion of controlled substance by registrants, dispensers, and certain other persons

Health and Safety Code Chapter 481.1285.

Endangering a child

Child placed in imminent danger if defendant introduced CS from PG 1-B into human body Penal Code Chapter 22.041 (C-1) (3).

Directing activities of criminal street gangs

Enhanced penalty for manufacturer, delivery or possession PG 1-B of >4 gms. PC 71.023.

Seizure and destruction

HSC 481.153.

Dangerous drug

Defined in Health and Safety Code Chapter 483.001.

Deliver

Defined in Health and Safety Code Chapter 483.001.

Manufacturer

Defined in Health and Safety Code Chapter 483.001.

Prescription

Defined in Health and Safety Code Chapter 483.001.

Commonly abused drugs

According to the National Institute on Drug Abuse, the most commonly abused types of drugs include narcotic/opioid, stimulants/cocaine, and depressants.

Common paraphernalia that may indicate substance usage

Injection: needles, syringes, etc.; Inhalation: bags, balloons, etc.; Ingestion: gelatin capsules, tablets, etc.; Application: patches, drop, foam or gel containers, etc.

Possession of dangerous drug

HSC 483.041.

Delivery or offer of delivery of dangerous drug

HSC 483.042.

Manufacture of dangerous drug

HSC 483.043.

Texas Compassionate-Use program

Important terms defined in Occupations Code Chapter 169.001.

Department

Defined in Occupations Code Chapter 169.001.

Low-THC Cannabis

Defined in Occupations Code Chapter 169.001.

Medical Use

Defined in Occupations Code Chapter 169.001.

Smoking

Defined in Occupations Code Chapter 169.001.

Prescription of low-THC cannabis

Low-THC cannabis prescriber registration OC 169.003 OC 169.004.

Patient Treatment Plan

Defined in Occupations Code Chapter 169.005.

Marijuana and hemp

>0.3% = Marijuana/marijuana derived - ILLEGAL; <0.3% = Hemp/hemp derived - LEGAL.

Quantitative analyses required

Under Health and Safety Code Chapter 481.159 (c)(1).

Seizure and Destruction

HSC 483.074

Narcotic interdiction

Investigation techniques and procedures.

Vehicles used as load cars for narcotics

Reliable vehicle with large capacity, inconspicuous vehicle to blend in, false compartments in interior or exterior, vehicle trim on the side of a pickup does not line up due to the lowering or raising the cab to accommodate false compartments, lug nuts or vehicle body screws and bolts appear to have been tampered with/tool markings, vehicle not registered to driver, driver does not know who the vehicle belongs to.

How the vehicle is being operated

Exiting suddenly, hiding, traffic violations.

Actions of the driver

Nervousness, fidgeting, eye contact.

Factors contributing to probable cause

Nervousness of suspect, lack of identification/incorrect identification, lack of registration and/or insurance, appearance of vehicle, stories given by suspects do not match or make sense, pungent odor of certain controlled substances emanating from the vehicle, driver states he does not have a key to trunk or other compartments, vehicle appears to be heavily laden.

Typical characteristics of drug smugglers

Extended travel without luggage or minimal luggage, luggage carried on back seat, empty suitcases/bags, appears nervous upon contact with officer, driver attempts to separate from the vehicle.

Interview techniques

Separate suspects and compare answers, establish identity of driver and or passenger, inquire as to origin destination and purpose of trip, ask for registration and insurance, inquire about the ownership of vehicle, ask for rental agreement to verify dates match stated agenda.

Common places of concealment of controlled substances

On the person: clothing, body cavities, belts, shoes/socks/footwear, hats or headwear, jewelry, bags, hair, under arms, taped to body.

Common places of concealment in places

Furniture, toilet tanks, clothes closets, refrigerator/freezer/appliances, cabinets/drawers, under or inside sinks and drains, waste baskets, food canisters, ceiling tiles or floor/wall compartments.

Common places of concealment in vehicles

Glove box, under or inside of dash, under carpet, gas tanks, hub caps, headliner, A/C ducts or vents, trunk, console/cupholders, door panels, spare tire, engine compartment, ash tray, luggage/bags/personal items, decorations, miscellaneous items.

Uncorroborated testimony

Testimony of accomplice.

Testimony of undercover peace officer

Testimony of special investigator.