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Texas Health and Safety Code - HEALTH & SAFETY § 482.002. Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty

Current as of January 01, 2024 | Updated by FindLaw Staff

(a) A person commits an offense if the person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person:

(1) expressly represents the substance to be a controlled substance;

(2) represents the substance to be a controlled substance in a manner that would lead a reasonable person to believe that the substance is a controlled substance; or

(3) states to the person receiving or intended to receive the simulated controlled substance that the person may successfully represent the substance to be a controlled substance to a third party.

(b) It is a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance was:

(1) acting in the discharge of the person's official duties as a peace officer;

(2) manufacturing the substance for or delivering the substance to a licensed medical practitioner for use as a placebo in the course of the practitioner's research or practice; or

(3) a licensed medical practitioner, pharmacist, or other person authorized to dispense or administer a controlled substance, and the person was acting in the legitimate performance of the person's professional duties.

(c) It is not a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance believed the substance to be a controlled substance.

(d) An offense under this section is a state jail felony.

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Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 482.002. Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-482-002/

Read this complete Texas Health and Safety Code - HEALTH & SAFETY § 482.002. Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty on Westlaw. Westlaw subscription required.

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