HEALTH AND SAFETY CODE CHAPTER 481. TEXAS …

1 HEALTH AND SAFETY CODETITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCESSUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMESCHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACTSUBCHAPTER A. GENERAL TITLE. This CHAPTER may be cited as theTexas Controlled Substances 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, In this CHAPTER :(1)AA"Administer" means to directly apply a controlledsubstance by injection, inhalation, ingestion, or other means tothe body of a patient or research subject by:(A)AAa practitioner or an agent of thepractitioner in the presence of the practitioner; or(B)AAthe patient or research subject at thedirection and in the presence of a practitioner.

2 (2)AA"Agent" means an authorized person who acts onbehalf of or at the direction of a manufacturer, distributor, ordispenser. The term does not include a common or contract carrier,public warehouseman, or employee of a carrier or warehousemanacting in the usual and lawful course of employment.(3)AA"Commissioner" means the commissioner of statehealth services or the commissioner s designee.(4)AA"Controlled premises" means:(A)AAa place where original or other records ordocuments required under this CHAPTER are kept or are required to bekept; or(B)AAa place, including a factory, warehouse,other establishment, or conveyance, where a person registered underthis CHAPTER may lawfully hold, manufacture, distribute, dispense,administer, possess, or otherwise dispose of a controlled substanceor other item governed by the federal Controlled Substances Act ( Section 801 et seq.)

3 Or this CHAPTER , including a chemicalprecursor and a chemical laboratory (5)AA"Controlled substance" means a substance,including a drug, an adulterant, and a dilutant, listed inSchedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or includes the aggregate weight of any mixture, solution, orother substance containing a controlled substance.(6)AA"Controlled substance analogue" means:(A)AAa substance with a chemical structuresubstantially similar to the chemical structure of a controlledsubstance in Schedule I or II or Penalty Group 1, 1-A, 2, or 2-A; or(B)AAa substance specifically designed to producean effect substantially similar to, or greater than, the effect of acontrolled substance in Schedule I or II or Penalty Group 1, 1-A, 2,or 2-A.

4 (7)AA"Counterfeit substance" means a controlledsubstance that, without authorization, bears or is in a containeror has a label that bears an actual or simulated trademark, tradename, or other identifying mark, imprint, number, or device of amanufacturer, distributor, or dispenser other than the person whoin fact manufactured, distributed, or dispensed the substance.(8)AA"Deliver" means to transfer, actually orconstructively, to another a controlled substance, counterfeitsubstance, or drug paraphernalia, regardless of whether there is anagency relationship.

5 The term includes offering to sell acontrolled substance, counterfeit substance, or drugparaphernalia.(9)AA"Delivery" or "drug transaction" means the act ofdelivering.(10)AA"Designated agent" means an individualdesignated under communicate a practitioner sinstructions to a pharmacist.(11)AA"Director" means the director of the Departmentof Public SAFETY or an employee of the department designated by thedirector.(12)AA"Dispense" means the delivery of a controlledsubstance in the course of professional practice or research, by apractitioner or person acting under the lawful order of apractitioner, to an ultimate user or research subject.

6 The term2includes the prescribing, administering, packaging, labeling, orcompounding necessary to prepare the substance for delivery.(13)AA"Dispenser" means a practitioner, institutionalpractitioner, pharmacist, or pharmacy that dispenses a controlledsubstance.(14)AA"Distribute" means to deliver a controlledsubstance other than by administering or dispensing the substance.(15)AA"Distributor" means a person who distributes.(16)AA"Drug" means a substance, other than a device or acomponent, part, or accessory of a device, that is:(A)AArecognized as a drug in the official UnitedStates Pharmacopoeia, official Homeopathic Pharmacopoeia of theUnited States, official National Formulary, or a supplement toeither pharmacopoeia or the formulary;(B)AAintended for use in the diagnosis, cure,mitigation, treatment, or prevention of disease in man or animals.

7 (C)AAintended to affect the structure or functionof the body of man or animals but is not food; or(D)AAintended for use as a component of asubstance described by Paragraph (A), (B), or (C).(17)AA"Drug paraphernalia" 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 chapteror in injecting, ingesting, inhaling, or otherwise introducing intothe human body a controlled substance in violation of this term includes.

8 (A)AAa kit used or intended for use in planting,propagating, cultivating, growing, or harvesting a species of plantthat is a controlled substance or from which a controlled substancemay be derived;(B)AAa material, compound, mixture, preparation,or kit used or intended for use in manufacturing, compounding,converting, producing, processing, or preparing a controlledsubstance;3(C)AAan isomerization device used or intended foruse in increasing the potency of a species of plant that is acontrolled substance;(D)AAtesting equipment used or intended for use inidentifying or in analyzing the strength, effectiveness, or purityof a controlled substance;(E)AAa scale or balance used or intended for use inweighing or measuring a controlled substance.

9 (F)AAa dilutant or adulterant, such as quininehydrochloride, mannitol, inositol, nicotinamide, dextrose,lactose, or absorbent, blotter-type material, that is used orintended to be used to increase the amount or weight of or totransfer a controlled substance regardless of whether the dilutantor adulterant diminishes the efficacy of the controlled substance;(G)AAa separation gin or sifter used or intendedfor use in removing twigs and seeds from or in otherwise cleaning orrefining marihuana;(H)AAa blender, bowl, container, spoon, or mixingdevice used or intended for use in compounding a controlledsubstance;(I)AAa capsule, balloon, envelope, or othercontainer used or intended for use in packaging small quantities ofa controlled substance;(J)AAa container or other object used or intendedfor use in storing or concealing a controlled substance;(K)AAa hypodermic syringe, needle, or other objectused or intended for use in parenterally injecting a controlledsubstance into the human body.

10 And(L)AAan object used or intended for use iningesting, inhaling, or otherwise introducing marihuana, cocaine,hashish, or hashish oil into the human body, including:(i)AAa metal, wooden, acrylic, glass, stone,plastic, or ceramic pipe with or without a screen, permanentscreen, hashish head, or punctured metal bowl;(ii)AAa water pipe;(iii)AAa carburetion tube or device;(iv)AAa smoking or carburetion mask;4(v)AAa chamber pipe;(vi)AAa carburetor pipe;(vii)AAan electric pipe;(viii)AAan air-driven pipe;(ix)AAa chillum;(x)AAa bong; or(xi)AAan ice pipe or chiller.