Texas Health and Safety Code § 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.


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