reglab/statecodes huggingface dataset:
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.1123. Offense: Manufacture or Delivery of Substance in Penalty Group 1-B

Sec. 481.1123.  OFFENSE:  MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-B.  (a)  Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1-B.
(b)  An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d)  An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $20,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.
(e)  An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $200,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(f)  An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 20 years, and a fine not to exceed $500,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
Added by Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 5, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.113. Offense: Manufacture or Delivery of Substance in Penalty Group 2 or 2-A

Sec. 481.113.  OFFENSE:  MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2 OR 2-A.  (a)  Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A.
(b)  An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d)  An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.
(e)  An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994;  Acts 2001, 77th Leg., ch. 1188, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.097, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 170 (S.B. 331), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 170 (S.B. 331), Sec. 4, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.1131. Cause of Action for Sale or Provision of Synthetic Cannabinoid

Sec. 481.1131.  CAUSE OF ACTION FOR SALE OR PROVISION OF SYNTHETIC CANNABINOID.  (a)  In this section, "synthetic cannabinoid" means a substance included in Penalty Group 2-A under Section 481.1031.
(b)  This section does not affect the right of a person to bring a common law cause of action against an individual whose consumption or ingestion of a synthetic cannabinoid resulted in causing the person bringing the suit to suffer personal injury or property damage.
(c)  Providing, selling, or serving a synthetic cannabinoid may be made the basis of a statutory cause of action under this section on proof that the intoxication of the recipient of the synthetic cannabinoid was a proximate cause of the damages suffered.
(d)  The liability provided under this section for the actions of a retail establishment's employees, customers, members, or guests who are or become intoxicated by the consumption or ingestion of a synthetic cannabinoid is in lieu of common law or other statutory law warranties and duties of retail establishments.
(e)  This chapter does not impose obligations on a retail establishment other than those expressly stated in this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 539 (S.B. 341), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.114. Offense: Manufacture or Delivery of Substance in Penalty Group 3 or 4

Sec. 481.114.  OFFENSE:  MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4.  (a)  Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4.
(b)  An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than 28 grams.
(c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.
(d)  An offense under Subsection (a) is a felony of the first degree, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(e)  An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including any adulterants or dilutants, 400 grams or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994;  Acts 2001, 77th Leg., ch. 1188, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.098, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.120. Offense: Delivery of Marihuana

Sec. 481.120.  OFFENSE:  DELIVERY OF MARIHUANA.  (a)  Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.
(b)  An offense under Subsection (a) is:
(1)  a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;
(2)  a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;
(3)  a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce;
(4)  a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;
(5)  a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and
(6)  a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.104, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.122. Offense: Delivery of Controlled Substance or Marihuana to Child

Sec. 481.122.  OFFENSE:  DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD.  (a)  A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 1-B, 2, or 3 or knowingly delivers marihuana and the person delivers the controlled substance or marihuana to a person:
(1)  who is a child;
(2)  who is enrolled in a public or private primary or secondary school; or
(3)  who the actor knows or believes intends to deliver the controlled substance or marihuana to a person described by Subdivision (1) or (2).
(b)  It is an affirmative defense to prosecution under this section that:
(1)  the actor was a child when the offense was committed;  or
(2)  the actor:
(A)  was younger than 21 years of age when the offense was committed;
(B)  delivered only marihuana in an amount equal to or less than one-fourth ounce;  and
(C)  did not receive remuneration for the delivery.
(c)  An offense under this section is a felony of the second degree.
(d)  In this section, "child" means a person younger than 18 years of age.
(e)  If conduct that is an offense under this section is also an offense under another section of this chapter, the actor may be prosecuted under either section or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 745, Sec. 27, eff. Jan. 1, 1998;  Acts 2001, 77th Leg., ch. 251, Sec. 20, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.123. Defense to Prosecution for Offense Involving Controlled Substance Analogue

Sec. 481.123.  DEFENSE TO PROSECUTION FOR OFFENSE INVOLVING CONTROLLED SUBSTANCE ANALOGUE.
(a)  It is an affirmative defense to the prosecution of an offense under this subchapter involving the manufacture, delivery, or possession of a controlled substance analogue that the analogue:
(1)  was a substance for which there is an approved new drug application under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355); or
(2)  was a substance for which an exemption for investigational use has been granted under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355), if the actor's conduct with respect to the substance is in accord with the exemption.
(b)  For the purposes of this section, Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355) applies to the introduction or delivery for introduction of any new drug into intrastate, interstate, or foreign commerce.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 745, Sec. 28, eff. Jan. 1, 1998;  Acts 2003, 78th Leg., ch. 1099, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 712 (H.B. 1212), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.1245. Offense: Possession or Transport of Anhydrous Ammonia; Use of or Tampering With Equipment

Sec. 481.1245.  OFFENSE:  POSSESSION OR TRANSPORT OF ANHYDROUS AMMONIA; USE OF OR TAMPERING WITH EQUIPMENT.  (a)  A person commits an offense if the person:
(1)  possesses or transports anhydrous ammonia in a container or receptacle that is not designed or manufactured to hold or transport anhydrous ammonia;
(2)  uses, transfers, or sells a container or receptacle that is designed or manufactured to hold anhydrous ammonia without the express consent of the owner of the container or receptacle; or
(3)  tampers with equipment that is manufactured or used to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 7, eff. August 1, 2005.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.126. Offense: Illegal Barter, Expenditure, or Investment

Sec. 481.126.  OFFENSE:  ILLEGAL BARTER, EXPENDITURE, OR INVESTMENT.  (a)  A person commits an offense if the person:
(1)  barters property or expends funds the person knows are derived from the commission of a first degree felony offense under this chapter punishable by imprisonment in the Texas Department of Criminal Justice for life;
(2)  barters property or expends funds the person knows are derived from the commission of an offense under Section 481.121(a) that is punishable under Section 481.121(b)(5);
(3)  barters property or finances or invests funds the person knows or believes are intended to further the commission of an offense for which the punishment is described by Subdivision (1); or
(4)  barters property or finances or invests funds the person knows or believes are intended to further the commission of an offense under Section 481.121(a) that is punishable under Section 481.121(b)(5).
(b)  An offense under Subsection (a)(1) or (3) is a felony of the first degree.  An offense under Subsection (a)(2) or (4) is a felony of the second degree.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 318, Sec. 37, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 251, Sec. 21, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 712, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.106, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.127. Offense: Unauthorized Disclosure of Information

Sec. 481.127.  OFFENSE:  UNAUTHORIZED DISCLOSURE OF INFORMATION.  (a)  A person commits an offense if the person knowingly gives, permits, or obtains unauthorized access to information submitted to the board under Section 481.074(q) or 481.075.
(b)  An offense under this section is a state jail felony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 745, Sec. 29, eff. Jan. 1, 1998.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. 1643), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 17, eff. September 1, 2016.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.128. Offense and Civil Penalty: Commercial Matters

Sec. 481.128.  OFFENSE AND CIVIL PENALTY:  COMMERCIAL MATTERS.  (a)  A registrant or dispenser commits an offense if the registrant or dispenser knowingly:
(1)  distributes, delivers, administers, or dispenses a controlled substance in violation of Subchapter C;
(2)  manufactures a controlled substance not authorized by the person's Federal Drug Enforcement Administration registration or distributes or dispenses a controlled substance not authorized by the person's registration to another registrant or other person;
(3)  refuses or fails to make, keep, or furnish a record, report, notification, order form, statement, invoice, or information required by this chapter;
(4)  prints, manufactures, possesses, or produces an official prescription form without the approval of the board;
(5)  delivers or possesses a counterfeit official prescription form;
(6)  refuses an entry into a premise for an inspection authorized by this chapter;
(7)  refuses or fails to return an official prescription form as required by Section 481.0755(k);
(8)  refuses or fails to make, keep, or furnish a record, report, notification, order form, statement, invoice, or information required by a rule adopted by the director or the board; or
(9)  refuses or fails to maintain security required by this chapter or a rule adopted under this chapter.
(b)  If the registrant or dispenser knowingly refuses or fails to make, keep, or furnish a record, report, notification, order form, statement, invoice, or information or maintain security required by a rule adopted by the director or the board, the registrant or dispenser is liable to the state for a civil penalty of not more than $5,000 for each act.
(c)  An offense under Subsection (a) is a state jail felony.
(d)  If a person commits an act that would otherwise be an offense under Subsection (a) except that it was committed without the requisite culpable mental state, the person is liable to the state for a civil penalty of not more than $1,000 for each act.
(e)  A district attorney of the county where the act occurred may file suit in district court in that county to collect a civil penalty under this section, or the district attorney of Travis County or the attorney general may file suit in district court in Travis County to collect the penalty.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 745, Sec. 30, eff. Jan. 1, 1998;  Acts 2001, 77th Leg., ch. 251, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 18, eff. September 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 10, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.1285. Offense: Diversion of Controlled Substance by Registrants, Dispensers, and Certain Other Persons

Sec. 481.1285.  OFFENSE:  DIVERSION OF CONTROLLED SUBSTANCE BY REGISTRANTS, DISPENSERS, AND CERTAIN OTHER PERSONS.  (a)  This section applies only to a registrant, a dispenser, or a person who, pursuant to Section 481.062(a)(1) or (2), is not required to register under this subchapter.
(b)  A person commits an offense if the person knowingly:
(1)  converts to the person's own use or benefit a controlled substance to which the person has access by virtue of the person's profession or employment; or
(2)  diverts to the unlawful use or benefit of another person a controlled substance to which the person has access by virtue of the person's profession or employment.
(c)  An offense under Subsection (b)(1) is a state jail felony.  An offense under Subsection (b)(2) is a felony of the third degree.
(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1200 (S.B. 158), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.130. Penalties Under Other Law

Sec. 481.130.  PENALTIES UNDER OTHER LAW.  A penalty imposed for an offense under this chapter is in addition to any civil or administrative penalty or other sanction imposed by law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.131. Offense: Diversion of Controlled Substance Property or Plant

Sec. 481.131.  OFFENSE:  DIVERSION OF CONTROLLED SUBSTANCE PROPERTY OR PLANT.  (a)  A person commits an offense if the person intentionally or knowingly:
(1)  converts to the person's own use or benefit a controlled substance property or plant seized under Section 481.152 or 481.153;  or
(2)  diverts to the unlawful use or benefit of another person a controlled substance property or plant seized under Section 481.152 or 481.153.
(b)  An offense under this section is a state jail felony.
Added by Acts 1991, 72nd Leg., ch. 141, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.132. Multiple Prosecutions

Sec. 481.132.  MULTIPLE PROSECUTIONS.  (a)  In this section, "criminal episode" means the commission of two or more offenses under this chapter under the following circumstances:
(1)  the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme, plan, or continuing course of conduct;  or
(2)  the offenses are the repeated commission of the same or similar offenses.
(b)  A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode.  If a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court, not later than the 30th day before the date of the trial, the state shall file written notice of the action.
(c)  If a judgment of guilt is reversed, set aside, or vacated and a new trial is ordered, the state may not prosecute in a single criminal action in the new trial any offense not joined in the former prosecution unless evidence to establish probable guilt for that offense was not known to the appropriate prosecution official at the time the first prosecution began.
(d)  If the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, sentence for each offense for which the accused has been found guilty shall be pronounced, and those sentences run concurrently.
(e)  If it appears that a defendant or the state is prejudiced by a joinder of offenses, the court may order separate trials of the offenses or provide other relief as justice requires.
(f)  This section provides the exclusive method for consolidation and joinder of prosecutions for offenses under this chapter.  This section is not a limitation of Article 36.09 or 36.10, Code of Criminal Procedure.
Added by Acts 1991, 72nd Leg., ch. 193, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Health & Safety Code Sec. 481.131 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(17a), eff. Nov. 12, 1991.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.133. Offense: Falsification of Drug Test Results

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 falsify drug test results.
(b)  A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver a substance or device designed to falsify drug test results.
(c)  In this section, "drug test" means a lawfully administered test designed to detect the presence of a controlled substance or marihuana.
(d)  An offense under Subsection (a) is a Class B misdemeanor.
(e)  An offense under Subsection (b) is a Class A misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 274, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Health & Safety Code Sec. 481.131 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(17b), eff. Nov. 12, 1991.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.135. Maps as Evidence of Location or Area

Sec. 481.135.  MAPS AS EVIDENCE OF LOCATION OR AREA.  (a)  In a prosecution under Section 481.134, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of drug-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas.
(b)  A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).
(c)  A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located.
(d)  This section does not prevent the prosecution from:
(1)  introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 481.134; or
(2)  using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.
Added by Acts 1993, 73rd Leg., ch. 888, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 9.004, eff. September 1, 2005.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.136. Offense: Unlawful Transfer or Receipt of Chemical Precursor

Sec. 481.136.  OFFENSE:  UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL PRECURSOR.
(a)  A person commits an offense if the person sells, transfers, furnishes, or receives a chemical precursor subject to Section 481.077(a) and the person:
(1)   does not comply with Section 481.077 or 481.0771;
(2)  knowingly makes a false statement in a report or record required by Section 481.077 or 481.0771; or
(3)  knowingly violates a rule adopted under Section 481.077 or 481.0771.
(b)  An offense under this section is a state jail felony, unless it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section or Section 481.137, in which event the offense is a felony of the third degree.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 251, Sec. 24, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 8, eff. August 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.005, eff. September 1, 2019.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.137. Offense: Transfer of Precursor Substance for Unlawful Manufacture

Sec. 481.137.  OFFENSE:  TRANSFER OF PRECURSOR SUBSTANCE FOR UNLAWFUL MANUFACTURE.  (a)  A person commits an offense if the person sells, transfers, or otherwise furnishes a chemical precursor subject to Section 481.077(a) with the knowledge or intent that the recipient will use the chemical precursor to unlawfully manufacture a controlled substance or controlled substance analogue.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 251, Sec. 25, eff. Sept. 1, 2001.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.138. Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus

Sec. 481.138.  OFFENSE:  UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL LABORATORY APPARATUS.
(a)  A person commits an offense if the person sells, transfers, furnishes, or receives a chemical laboratory apparatus subject to Section 481.080(a) and the person:
(1)   does not comply with Section 481.080;
(2)  knowingly makes a false statement in a report or record required by Section 481.080; or
(3)  knowingly violates a rule adopted under Section 481.080.
(b)  An offense under this section is a state jail felony, unless it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section, in which event the offense is a felony of the third degree.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 251, Sec. 26, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.006, eff. September 1, 2019.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.139. Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture

Sec. 481.139.  OFFENSE:  TRANSFER OF CHEMICAL LABORATORY APPARATUS FOR UNLAWFUL MANUFACTURE.  (a)  A person commits an offense if the person sells, transfers, or otherwise furnishes a chemical laboratory apparatus with the knowledge or intent that the recipient will use the apparatus to unlawfully manufacture a controlled substance or controlled substance analogue.
(b)  An offense under Subsection (a) is a felony of the third degree.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 251, Sec. 27, eff. Sept. 1, 2001.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.140. Use of Child in Commission of Offense

Sec. 481.140.  USE OF CHILD IN COMMISSION OF OFFENSE.  (a)  If it is shown at the punishment phase of the trial of an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, 481.120, or 481.122 that the defendant used or attempted to use a child younger than 18 years of age to commit or assist in the commission of the offense, the punishment is increased by one degree, unless the defendant used or threatened to use force against the child or another to gain the child's assistance, in which event the punishment for the offense is a felony of the first degree.
(b)  Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.
Added by Acts 2001, 77th Leg., ch. 786, Sec. 1, eff. June 14, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › 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 D. Offenses and Penalties › Section 481.141. Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury

Sec. 481.141.  MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY.  (a)  If at the guilt or innocence phase of the trial of an offense described by Subsection (b), the judge or jury, whichever is the trier of fact, determines beyond a reasonable doubt that a person died or suffered serious bodily injury as a result of injecting, ingesting, inhaling, or introducing into the person's body any amount of the controlled substance manufactured or delivered by the defendant, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant, the punishment for the offense is increased by one degree.
(b)  This section applies to an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or 481.122.
(c)  Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.
(d)  Punishment may not be increased under this section if the defendant is also prosecuted under Section 19.02(b)(4), Penal Code, for conduct occurring during the same criminal episode.
Added by Acts 2003, 78th Leg., ch. 712, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 12, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6), Sec. 19, eff. September 1, 2023.
2023 Texas Statutes › 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 E. Forfeiture › Section 481.151. Definitions

Sec. 481.151.  DEFINITIONS.  In this subchapter:
(1)  "Controlled substance property" means a controlled substance, mixture containing a controlled substance, controlled substance analogue, counterfeit controlled substance, drug paraphernalia, chemical precursor, chemical laboratory apparatus, or raw material.
(2)  "Controlled substance plant" means a species of plant from which a controlled substance listed in Schedule I or II may be derived.
(2-a)  "Crime laboratory" has the meaning assigned by Article 38.35, Code of Criminal Procedure.
(2-b)  "Criminal justice agency" has the meaning assigned by Section 411.082, Government Code, and includes a local government corporation described by Section 411.0011 of that code.
(3)  "Summary destruction" or "summarily destroy" means destruction without the necessity of any court action, a court order, or further proceedings.
(4)  "Summary forfeiture" or "summarily forfeit" means forfeiture without the necessity of any court action, a court order, or further proceedings.
Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 251, Sec. 28, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 1, eff. May 21, 2007.
Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › 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 E. Forfeiture › Section 481.152. Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Plants

Sec. 481.152.  SEIZURE, SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PLANTS.  (a)  Controlled substance plants are subject to seizure and summary forfeiture to the state if:
(1)  the plants have been planted, cultivated, or harvested in violation of this chapter;
(2)  the plants are wild growths;  or
(3)  the owners or cultivators of the plants are unknown.
(b)  Subsection (a) does not apply to unharvested peyote growing in its natural state.
(c)  If a person who occupies or controls land or premises on which the plants are growing fails on the demand of a peace officer to produce an appropriate registration or proof that the person is the holder of the registration, the officer may seize and summarily forfeit the plants.
(d)  If a controlled substance plant is seized and forfeited under this section, a court may order the disposition of the plant under Section 481.159, or the department, a criminal justice agency, or a peace officer may summarily destroy the property under the rules of the department or dispose of the property in lieu of destruction as provided by Section 481.161.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 2, eff. May 21, 2007.
Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 3, eff. May 21, 2007.
Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › 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 E. Forfeiture › Section 481.153. Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Property

Sec. 481.153.  SEIZURE, SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY.  (a)  Controlled substance property that is manufactured, delivered, or possessed in violation of this chapter is subject to seizure and summary forfeiture to the state.
(b)  If an item of controlled substance property is seized and forfeited under this section, a court may order the disposition of the property under Section 481.159, or the department, a criminal justice agency, or a peace officer may summarily destroy the property under the rules of the department or dispose of the property in lieu of destruction as provided by Section 481.161.
Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 4, eff. May 21, 2007.
Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 5, eff. May 21, 2007.
Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › 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 E. Forfeiture › Section 481.154. Rules

Sec. 481.154.  RULES.  (a)  The director may adopt reasonable rules and procedures, not inconsistent with the provisions of this chapter, concerning:
(1)  summary forfeiture and summary destruction of controlled substance property or plants;
(2)  establishment and operation of a secure storage area;
(3)  delegation by a law enforcement agency head of the authority to access a secure storage area; and
(4)  minimum tolerance for and the circumstances of loss or destruction during an investigation.
(b)  The rules for the destruction of controlled substance property or plants must require:
(1)  more than one person to witness the destruction of the property or plants;
(2)  the preparation of an inventory of the property or plants destroyed;  and
(3)  the preparation of a statement that contains the names of the persons who witness the destruction and the details of the destruction.
(c)  A document prepared under a rule adopted under this section must be completed, retained, and made available for inspection by the director.
Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 6, eff. May 21, 2007.
2023 Texas Statutes › 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 E. Forfeiture › Section 481.161. Disposition of Controlled Substance Property or Plant in Lieu of Destruction

Sec. 481.161.  DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY OR PLANT IN LIEU OF DESTRUCTION.  (a)  Controlled substance property or plants subject to summary destruction or ordered destroyed by a court may be disposed of in accordance with this section.
(b)  A law enforcement agency or criminal justice agency may transfer the controlled substance property or plants to a crime laboratory to be used for the purposes of laboratory research, testing results validation, and training of analysts.
(c)  The crime laboratory to which the controlled substance property or plants are transferred under Subsection (b) shall destroy or otherwise properly dispose of any unused quantities of the controlled substance property or plants.
(d)  This section does not apply to evidence described by Section 481.160(d).
(e)  The director may adopt rules to implement this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › 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 F. Inspections, Evidence, and Miscellaneous Law Enforcement Provisions › Section 481.181. Inspections

Sec. 481.181.  INSPECTIONS.  (a)  The director may enter controlled premises at any reasonable time and inspect the premises and items described by Subsection (b) in order to inspect, copy, and verify the correctness of a record, report, or other document required to be made or kept under this chapter and to perform other functions under this chapter.  For purposes of this subsection, "reasonable time" means any time during the normal business hours of the person or activity regulated under this chapter or any time an activity regulated under this chapter is occurring on the premises.  The director shall:
(1)  state the purpose of the entry;
(2)  display to the owner, operator, or agent in charge of the premises appropriate credentials;  and
(3)  deliver to the owner, operator, or agent in charge of the premises a written notice of inspection authority.
(b)  The director may:
(1)  inspect and copy a record, report, or other document required to be made or kept under this chapter;
(2)  inspect, within reasonable limits and in a reasonable manner, the controlled premises and all pertinent equipment, finished and unfinished drugs, other substances, and materials, containers, labels, records, files, papers, processes, controls, and facilities as appropriate to verify a record, report, or document required to be kept under this chapter or to administer this chapter;
(3)  examine and inventory stock of a controlled substance and obtain samples of the controlled substance;
(4)  examine a hypodermic syringe, needle, pipe, or other instrument, device, contrivance, equipment, control, container, label, or facility relating to a possible violation of this chapter;  and
(5)  examine a material used, intended to be used, or capable of being used to dilute or adulterate a controlled substance.
(c)  Unless the owner, operator, or agent in charge of the controlled premises consents in writing, the director may not inspect:
(1)  financial data;
(2)  sales data other than shipment data;  or
(3)  pricing data.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 11, eff. Sept. 1, 2003.
2023 Texas Statutes › 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 F. Inspections, Evidence, and Miscellaneous Law Enforcement Provisions › Section 481.182. Evidentiary Rules Relating to Offer of Delivery

Sec. 481.182.  EVIDENTIARY RULES RELATING TO OFFER OF DELIVERY.  For the purpose of establishing a delivery under this chapter, proof of an offer to sell must be corroborated by:
(1)  a person other than the person to whom the offer is made;  or
(2)  evidence other than a statement of the person to whom the offer is made.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 12, eff. Sept. 1, 2003.