Questions and Answers
What does 'Unauthorized Disclosure of Information' refer to?
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?
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What classification does falsification of drug test results fall under?
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Unlawful transfer or receipt of a chemical precursor is classified as a SJF.
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What is the penalty for unlawful transfer of chemical laboratory apparatus with knowledge of intended use for controlled devices?
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A drug-free zone enhancement increases punishment to one level higher if within specified distances.
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What means 'an outdoor facility intended for recreation containing three or more play stations'?
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What is the classification for possession of a dangerous drug?
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What does 'Delivery of a Dangerous Drug' classify as?
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Which of the following drugs are classified as Schedule I Drugs? (Select all that apply)
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What is a characteristic of Schedule II Drugs?
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Define Schedule III Drugs.
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What are the characteristics of Schedule IV Drugs?
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What does Schedule V Drugs include?
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A __________ means a device or a drug that is unsafe for self-medication.
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A __________ means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V.
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To __________ means to directly apply a controlled substance by various means to the body of a patient.
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A __________ substance has a chemical structure substantially similar to that of a controlled substance.
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A __________ means a controlled substance that bears or has a label that bears a trademark other than the actual manufacturer.
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To __________ means to transfer a controlled substance or drug paraphernalia to another.
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To __________ means the delivery of a controlled substance in the course of professional practice.
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To __________ means to deliver a controlled substance other than by administering or dispensing.
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A __________ means a substance recognized as a drug for treatment or prevention of disease.
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Drug __________ means equipment or material intended for use involving controlled substances.
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_____________ means the injection or application of a substance into a human body.
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An __________ means a substance that is an essential chemical in the manufacture of a controlled substance.
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To __________ a controlled substance means to produce or prepare it directly or indirectly.
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_______________ refers to the plant Cannabis sativa L. and its derivatives.
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A __________ includes opium and a salt or compound derived from opium.
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An __________ has addiction-forming liability similar to morphine.
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A __________ means any legal entity.
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Possession means actual care, custody, control, or __________.
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Production includes the manufacturing, planting, cultivating, or __________ of a controlled substance.
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List the major categories of controlled substances.
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What is the penalty for possession of less than one gram of heroin, cocaine, methamphetamine, or the opiates?
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What is the classification for possession of 1 gram or more but less than 4 grams of heroin, cocaine, methamphetamine, or the opiates?
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What are the classifications for possession of 4 grams or more but less than 200 grams of heroin, cocaine, methamphetamine, or the opiates?
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What is the penalty for possession of 200 grams or more but less than 400 grams of heroin, cocaine, methamphetamine, or the opiates?
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What is the classification for possession of 400 grams or more of heroin, cocaine, methamphetamine, or the opiates?
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What is the classification for possession of less than 20 abuse units of LSD?
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What is the penalty for possession of 20 units or more but less than 80 units of LSD?
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What is the classification for possession of 80 units or more but less than 4000 units of LSD?
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What is the classification for possession of 4000 units or more of LSD?
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What is the classification for possession of 8000 units or more of LSD?
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What are the penalties for penalty group 2 drugs (e.g., amphetamines) less than one gram?
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What is the classification for penalty group 2 drugs (e.g., amphetamines) -1 gram or more but less than 4 grams?
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What is the penalty for possession of 4 grams or more but less than 200 grams of penalty group 2 drugs?
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What is the classification for possession of 200 grams or more but less than 400 grams of penalty group 2 drugs?
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What is the penalty for possession of 400 grams or more of penalty group 2 drugs?
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What is the classification for possession of less than 28 grams of penalty group 3 drugs?
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What is the classification for penalty group 3 drugs (e.g., barbiturates) - 28 grams or more but less than 200 grams?
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What are the penalties for penalty group 4 drugs (e.g., narcotic cough syrup) less than 28 grams?
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What is the classification for marijuana possession of less than 2 ounces?
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What is the penalty for marijuana possession between 4 ounces to less than 5 lbs?
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What are the penalties for marijuana possession of more than 2000 lbs?
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What is the penalty for delivery of marijuana - 1/4 oz without remuneration?
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What is the classification for delivery of marijuana - 5 lbs or less but more than 1/4 oz?
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What is the penalty for delivery of controlled substances or marijuana to a minor?
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What is the penalty for possession or transport of certain chemicals with intent to manufacture controlled substances?
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What constitutes possession of drug paraphernalia?
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What is the penalty for delivery of drug paraphernalia?
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What are the requirements for possession or delivery of drug paraphernalia where the recipient is a minor?
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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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Description
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!
