Texas Health and Safety Code - Drugs Quiz
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Questions and Answers

What does 'Unauthorized Disclosure of Information' refer to?

  • SJF (correct)
  • Civil Penalty of more than $1,000
  • Fraudulent Prescription
  • None of the above

    • What is the civil penalty for commercial matters?

    $1,000

    Using a prescription issued to another person to prescribe a controlled substance is a 3rd degree felony.

    False

    What is the punishment for knowingly or intentionally manufacturing a counterfeit substance?

    <p>CLASS A MISDEMEANOR</p> Signup and view all the answers

    What classification does falsification of drug test results fall under?

    <p>CLASS B</p> Signup and view all the answers

    Unlawful transfer or receipt of a chemical precursor is classified as a SJF.

    <p>True</p> Signup and view all the answers

    What is the penalty for unlawful transfer of chemical laboratory apparatus with knowledge of intended use for controlled devices?

    <p>3RD DEGREE FELONY</p> Signup and view all the answers

    A drug-free zone enhancement increases punishment to one level higher if within specified distances.

    <p>True</p> Signup and view all the answers

    What means 'an outdoor facility intended for recreation containing three or more play stations'?

    <p>Playground</p> Signup and view all the answers

    What is the classification for possession of a dangerous drug?

    <p>CLASS A MISDEMEANOR</p> Signup and view all the answers

    What does 'Delivery of a Dangerous Drug' classify as?

    <p>SJF</p> Signup and view all the answers

    Which of the following drugs are classified as Schedule I Drugs? (Select all that apply)

    <p>Heroin</p> Signup and view all the answers

    What is a characteristic of Schedule II Drugs?

    <p>High tendency for abuse with some accepted medical use</p> Signup and view all the answers

    Define Schedule III Drugs.

    <p>Drugs with less potential for abuse or addiction and currently accepted medical use.</p> Signup and view all the answers

    What are the characteristics of Schedule IV Drugs?

    <p>Low potential for abuse and currently accepted medical use.</p> Signup and view all the answers

    What does Schedule V Drugs include?

    <p>Drugs with lower chance of abuse than Schedule IV drugs and have an accepted medical use in the US.</p> Signup and view all the answers

    A __________ means a device or a drug that is unsafe for self-medication.

    <p>Dangerous Drug</p> Signup and view all the answers

    A __________ means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V.

    <p>Controlled Substance</p> Signup and view all the answers

    To __________ means to directly apply a controlled substance by various means to the body of a patient.

    <p>Administer</p> Signup and view all the answers

    A __________ substance has a chemical structure substantially similar to that of a controlled substance.

    <p>Controlled substance analogue</p> Signup and view all the answers

    A __________ means a controlled substance that bears or has a label that bears a trademark other than the actual manufacturer.

    <p>Counterfeit substance</p> Signup and view all the answers

    To __________ means to transfer a controlled substance or drug paraphernalia to another.

    <p>Deliver</p> Signup and view all the answers

    To __________ means the delivery of a controlled substance in the course of professional practice.

    <p>Dispense</p> Signup and view all the answers

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

    <p>Distribute</p> Signup and view all the answers

    A __________ means a substance recognized as a drug for treatment or prevention of disease.

    <p>Drug</p> Signup and view all the answers

    Drug __________ means equipment or material intended for use involving controlled substances.

    <p>Paraphernalia</p> Signup and view all the answers

    _____________ means the injection or application of a substance into a human body.

    <p>Human Consumption</p> Signup and view all the answers

    An __________ means a substance that is an essential chemical in the manufacture of a controlled substance.

    <p>Immediate Precursor</p> Signup and view all the answers

    To __________ a controlled substance means to produce or prepare it directly or indirectly.

    <p>Manufacture</p> Signup and view all the answers

    _______________ refers to the plant Cannabis sativa L. and its derivatives.

    <p>Marihuana</p> Signup and view all the answers

    A __________ includes opium and a salt or compound derived from opium.

    <p>Narcotic Drug</p> Signup and view all the answers

    An __________ has addiction-forming liability similar to morphine.

    <p>Opiate</p> Signup and view all the answers

    A __________ means any legal entity.

    <p>Person</p> Signup and view all the answers

    Possession means actual care, custody, control, or __________.

    <p>Management</p> Signup and view all the answers

    Production includes the manufacturing, planting, cultivating, or __________ of a controlled substance.

    <p>Growing</p> Signup and view all the answers

    List the major categories of controlled substances.

    <p>Marijuana, Stimulants, Simulated Controlled Substances, Hallucinogens, Narcotics, Depressants</p> Signup and view all the answers

    What is the penalty for possession of less than one gram of heroin, cocaine, methamphetamine, or the opiates?

    <p>State Jail Felony</p> Signup and view all the answers

    What is the classification for possession of 1 gram or more but less than 4 grams of heroin, cocaine, methamphetamine, or the opiates?

    <p>Third Degree Felony for possession; Second Degree Felony for manufacture or delivery.</p> Signup and view all the answers

    What are the classifications for possession of 4 grams or more but less than 200 grams of heroin, cocaine, methamphetamine, or the opiates?

    <p>Second Degree Felony for possession; First Degree Felony for manufacture or delivery.</p> Signup and view all the answers

    What is the penalty for possession of 200 grams or more but less than 400 grams of heroin, cocaine, methamphetamine, or the opiates?

    <p>First Degree Felony for possession; 10-99 Years or Life for manufacture or delivery.</p> Signup and view all the answers

    What is the classification for possession of 400 grams or more of heroin, cocaine, methamphetamine, or the opiates?

    <p>10-99 Years or Life and up to $100,000 for possession; 15-99 Years or Life for manufacture or delivery.</p> Signup and view all the answers

    What is the classification for possession of less than 20 abuse units of LSD?

    <p>State Jail Felony.</p> Signup and view all the answers

    What is the penalty for possession of 20 units or more but less than 80 units of LSD?

    <p>Third Degree Felony for possession; Second Degree Felony for manufacture or delivery.</p> Signup and view all the answers

    What is the classification for possession of 80 units or more but less than 4000 units of LSD?

    <p>Second Degree Felony for possession; First Degree Felony for manufacture or delivery.</p> Signup and view all the answers

    What is the classification for possession of 4000 units or more of LSD?

    <p>First Degree Felony for possession; 15-99 Years or Life for manufacture or delivery.</p> Signup and view all the answers

    What is the classification for possession of 8000 units or more of LSD?

    <p>15-99 Years or Life for possession and manufacture or delivery.</p> Signup and view all the answers

    What are the penalties for penalty group 2 drugs (e.g., amphetamines) less than one gram?

    <p>State Jail Felony for possession and manufacture or delivery.</p> Signup and view all the answers

    What is the classification for penalty group 2 drugs (e.g., amphetamines) -1 gram or more but less than 4 grams?

    <p>Third Degree Felony for possession; Second Degree Felony for manufacture or delivery.</p> Signup and view all the answers

    What is the penalty for possession of 4 grams or more but less than 200 grams of penalty group 2 drugs?

    <p>Second Degree Felony for possession; First Degree Felony for manufacture or delivery.</p> Signup and view all the answers

    What is the classification for possession of 200 grams or more but less than 400 grams of penalty group 2 drugs?

    <p>Second Degree Felony for possession; First Degree Felony for manufacture or delivery.</p> Signup and view all the answers

    What is the penalty for possession of 400 grams or more of penalty group 2 drugs?

    <p>5-99 Years or Life for possession; 15-99 Years or Life for manufacture or delivery.</p> Signup and view all the answers

    What is the classification for possession of less than 28 grams of penalty group 3 drugs?

    <p>Class A for possession and State Jail Felony for manufacture or delivery.</p> Signup and view all the answers

    What is the classification for penalty group 3 drugs (e.g., barbiturates) - 28 grams or more but less than 200 grams?

    <p>Third Degree Felony for possession; Second Degree Felony for manufacture or delivery.</p> Signup and view all the answers

    What are the penalties for penalty group 4 drugs (e.g., narcotic cough syrup) less than 28 grams?

    <p>Class B for possession; State Jail Felony for manufacture or delivery.</p> Signup and view all the answers

    What is the classification for marijuana possession of less than 2 ounces?

    <p>Class B.</p> Signup and view all the answers

    What is the penalty for marijuana possession between 4 ounces to less than 5 lbs?

    <p>Third Degree Felony for possession.</p> Signup and view all the answers

    What are the penalties for marijuana possession of more than 2000 lbs?

    <p>5-99 Years or Life and up to $50,000.</p> Signup and view all the answers

    What is the penalty for delivery of marijuana - 1/4 oz without remuneration?

    <p>Class B.</p> Signup and view all the answers

    What is the classification for delivery of marijuana - 5 lbs or less but more than 1/4 oz?

    <p>State Jail Felony.</p> Signup and view all the answers

    What is the penalty for delivery of controlled substances or marijuana to a minor?

    <p>Second Degree Felony.</p> Signup and view all the answers

    What is the penalty for possession or transport of certain chemicals with intent to manufacture controlled substances?

    <p>Second Degree Felony for Group 1; Third Degree Felony for Group 2; State Jail Felony for Groups 3 or 4.</p> Signup and view all the answers

    What constitutes possession of drug paraphernalia?

    <p>Knowingly using or possessing with intent to introduce a controlled substance.</p> Signup and view all the answers

    What is the penalty for delivery of drug paraphernalia?

    <p>Class A Misdemeanor.</p> Signup and view all the answers

    What are the requirements for possession or delivery of drug paraphernalia where the recipient is a minor?

    <p>The actor must be 18 years or older and the recipient must be younger than 18 and at least three years younger.</p> Signup and view all the answers

    Study Notes

    Schedule I Drugs

    • High potential for abuse, no accepted medical use
    • Includes marijuana, heroin, ecstasy, LSD, GHB
    • Not available in pharmacies or with prescriptions

    Schedule II Drugs

    • High potential for abuse and possible accepted medical use
    • Examples include cocaine, opium, morphine, fentanyl, amphetamines
    • Prescription required; stringent record-keeping and storage regulations

    Schedule III Drugs

    • Less potential for abuse than Schedules I & II, accepted medical use
    • Examples include anabolic steroids, ketamine, hydrocodone with aspirin or acetaminophen
    • Available with a prescription; not universally stocked by pharmacies

    Schedule IV Drugs

    • Low potential for abuse and accepted medical use
    • Includes valium, xanax, phenobarbital, rohypnol
    • Prescription required; may not be available at all pharmacies

    Schedule V Drugs

    • Lower potential for abuse than Schedule IV, accepted medical use
    • Example: cough suppressant with codeine
    • Regulated but generally does not require a prescription

    Dangerous Drug

    • Unsafe for self-medication, not categorized in Schedules I-V
    • Includes any device or drug bearing warning labels like "Rx only" or "Caution: federal law prohibits dispensing without prescription"

    Controlled Substance

    • Includes drugs and substances listed in Schedules I-V
    • Encompasses all weights and mixtures containing controlled substances

    Administer

    • Refers to applying a controlled substance by healthcare practitioners or at their direction in the presence of the practitioner

    Controlled Substance Analogue

    • A substance substantially similar in structure or effect to a controlled substance in Schedules I or II

    Counterfeit Substance

    • Controlled substance with unauthorized labeling or branding from other manufacturers

    Deliver

    • The transfer of controlled substances, counterfeit substances, or drug paraphernalia, includes offers for sale

    Dispense

    • Delivery of a controlled substance by a practitioner to the end user, includes all related actions

    Distribute

    • Delivery of controlled substances not including administration or dispensing

    Drug

    • A substance intended for medical use, as defined by pharmacopoeias or intended to affect body functions

    Drug Paraphernalia

    • Equipment or materials used to produce or introduce controlled substances unlawfully

    Human Consumption

    • The act of injecting, inhaling, ingesting, or applying a substance to the human body

    Immediate Precursor

    • A substance necessary in the manufacturing of a controlled substance

    Manufacture

    • The process of producing, preparing, or handling a controlled substance, exempt from normal preparation for delivery

    Marihuana

    • The plant Cannabis sativa L. and its derivatives

    Narcotic Drug

    • Includes opium, its derivatives, and similar substances produced chemically

    Opiate

    • A substance with addiction liability similar to morphine, excluding some specific formulations

    Person

    • Refers to any legal entity, including individuals or corporations

    Possession

    • Actual care, custody, or management of a substance

    Production

    • Involves growing or harvesting controlled substances

    Major Categories of Controlled Substances

    • Marijuana, Stimulants, Simulated Controlled Substances, Hallucinogens, Narcotics, Depressants

    Penalty Groups Overview

    • Penalty Groups 1-4 categorize various controlled substances based on type and quantity, with escalating penalties for possession and delivery.

    Marijuana Possession Offenses

    • Varied penalties based on amount: Class B for 2 oz or less, class A for 4 oz or less, and felony charges for larger amounts.

    Marijuana Delivery Offenses

    • Class B for non-remunerative small amounts, escalating penalties up to life and significant fines for larger quantities.

    Delivery of Controlled Substance or Marijuana to Minor

    • 2nd Degree Felony for delivering controlled substances to minors

    Possession or Transport of Certain Chemicals

    • Penalties vary by group, ranging from a Class A misdemeanor to 2nd Degree felony depending on the group.

    Possession of Drug Paraphernalia

    • Class C misdemeanor for knowingly possessing with intent to use unlawfully

    Delivery of Drug Paraphernalia

    • Class A misdemeanor for knowingly delivering or manufacturing paraphernalia intended for illegal substance use

    Fraud Penalties

    • Vary from Class A misdemeanors to felonies based on the type of controlled substance involved and the nature of the fraud

    Falsification of Drug Test Results

    • Known usage or possession of devices or substances intended to falsify drug tests is prohibited and punishable.### Falsification of Drug Test Results
    • Defined as manufacturing or delivering a device to falsify drug test outcomes.
    • Classified as a Class A misdemeanor.

    Unlawful Transfer or Receipt of Chemical Precursor

    • Involves selling or transferring a chemical precursor without a permit or compliance with specific sections.
    • False statements in records or knowingly violating rules also fall under this category.
    • Classified as a State Jail Felony (SJF).

    Unlawful Transfer with Intent to Manufacture

    • Occurs when there is knowledge that the chemical precursor will be used to manufacture a controlled substance.
    • Classified as a 3rd degree felony.

    Unlawful Transfer or Receipt of Chemical Laboratory Apparatus

    • Similar criteria as chemical precursors, requiring permits and compliance.
    • False statements or violations make the act unlawful.
    • Classified as a State Jail Felony (SJF).

    Unlawful Delivery or Manufacture with Intent to Deliver

    • Requires knowingly or intentionally representing a substance as controlled.
    • Implication: If a reasonable person believes it to be controlled, it can be presented to others similarly.
    • Classified as a State Jail Felony (SJF).

    Evidentiary Rules Relating to Drug Paraphernalia

    • Consideration of owner’s statements about object use and any residue present.
    • Intent inferred from circumstantial evidence and how the object is displayed for sale.

    Burden of Proof

    • The prosecution is not required to disprove exemptions; the onus lies with the defense.

    Evidence for Simulated Controlled Substances

    • A reasonable belief by a person that a substance is controlled, proper packaging, and similar appearance are key factors.

    Types of Delivery

    • Actual Delivery: Direct sale from dealer to user.
    • Constructive Delivery: Money exchanged with instruction on where to find drugs.

    Drug Free Zone Definitions

    • A minor is defined as a person younger than 18 years old.

    Definitions of Key Facilities

    • Institution of Higher Education: Encompasses technical institutes, colleges, universities, and medical/dental units.
    • Playground: Outdoor facility for recreation with three or more play stations.
    • School: Includes both public/private elementary and secondary institutions and daycare centers.
    • Video Arcade Facility: Open for public use with three or more pinball or video machines.
    • Youth Center: Recreation facilities primarily intended for use by those aged 17 and under.

    Drug Free Zone Enhancements

    • Penalties increase if offenses occur within 1,000 feet of educational institutions, youth centers, or playgrounds.
    • Within 300 feet of swimming pools or video arcades; includes being on a school bus.

    Deadly Weapon Findings

    • State Jail Felony punishment elevated to 3rd degree felony if a deadly weapon is involved in the commission of an offense.

    Manufacturing with Presence of a Child

    • Increased penalties if a child under 18 is present during the manufacturing of controlled substances.

    Use of Child in Commission of Offense

    • Using a child under 18 in offenses raises punishment levels, potentially to Felony 1 if threats are made against the child.

    Seizure and Destruction of Controlled Substance Plants

    • Plants illegally cultivated or harvested may be seized; exceptions exist for natural peyote growth.

    Seizure and Destruction of Property

    • Property connected to illegal substance activities is subject to seizure and summary forfeiture to the state.

    Methods of Drug Abuse

    • Common methods include injection, inhalation, and ingestion.

    Possession of Dangerous Drug

    • Possession without legal means or for the purpose of sale is a Class A misdemeanor.

    Delivery and Manufacture of Dangerous Drug

    • Delivery and manufacture of dangerous drugs classified as State Jail Felonies (SJF).

    Forging or Altering a Prescription

    • Classified as a Class B misdemeanor; prior convictions elevate this to a Class A misdemeanor.

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    Test your knowledge on the classifications of drugs under the Texas Health and Safety Code. This quiz covers Schedule I and II drugs, their potential for abuse, and medical usage. Brush up on your understanding of controlled substances today!

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