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“Drug paraphernalia” would...
“_____________” means a controlled substance that, without authorization, bears or is in a container or has a label that bears an actual or simulated trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
“______________” means to sell, dispense, give away, or supply in any other manner.
“______________” means a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance.
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“The Controlled Substance Act” in Texas is found in the....
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“_________________” means an order from a practitioner, or an agent of the practitioner designated in writing as authorized to communicate prescriptions, or an order made in accordance with Subchapter B, Chapter 157, Occupations Code, or Section 203.353
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A person that intentionally delivers 2,000 lbs. or less but more than 50 pounds of marijuana has committed a/an _____________________.
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The “six major categories of controlled substances” include narcotics, depressants, stimulants, marijuana, simulated controlled substances, and _______.
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Which of the following is not one of the six major categories of controlled substances?
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The penalty for “Manufacture of Dangerous Drug” is....
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A person commits a __________ if the person sells, transfers, furnishes, or receives a chemical precursor subject to Section 481.077(a) and the person does not hold a chemical precursor transfer permit as required by Section 481.078 at the time of the transaction.
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If a person is convicted of forging a prescription or increasing the prescribed quantity of a dangerous drug in a prescription it is a ______________. However, if the person is subsequently convicted of issuing a prescription bearing a forged or fictitious signature, they have committed a ___________________.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, less than 28 grams of a controlled substance listed in Penalty Group 3, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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Diazepam, Glutethimide, and Halazepam are _____________ controlled substances.
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If person knowingly possesses a controlled substance listed in Penalty Group 1-A and the number of abuse units of the controlled substance is 20 or more but fewer than 80, they have committed a _________.
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It is 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 a person knowingly or intentionally delivers marihuana and _____________.
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A person commits ________ if a person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person expressly represents the substance to be a controlled substance.
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A compound, mixture, or preparation containing not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone is a ___________ controlled substance.
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A person knowingly or intentionally using or possessing with intent to use any substance or device designed to falsify drug test results commits a ____________.
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If person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1 and 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, they have committed a _________.
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If person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1-A and the number of abuse units of the controlled substance is 4,000 or more, they are 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 $250,000.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, less than one gram of a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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If person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1 and 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, they have committed a _________.
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If a person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person 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, they have committed a _____________.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, four ounces or less but more than two ounces of a controlled substance listed in Penalty Group 2-A, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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A compound, mixture, or preparation containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone is a ___________ controlled substance.
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If a person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A and the controlled substance is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams, they have committed a ___________.
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If at the guilt or innocence phase of the trial of an offense otherwise punishable as a ____________ under Section 481.112, 481.1121, 481.113, 481.114, or 481.122, 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.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams of a controlled substance listed in Penalty Group 4, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, 400 grams or more of a controlled substance listed in Penalty Group 3, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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Manufacture or delivery of a substance in Penalty Group 1 ordinarily punishable as a ___________ is punishable as a ___________ if committed in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground.
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A person commits a ___________ if the person intentionally or knowingly converts to the person's own use or benefit a controlled substance property or plant seized under Section 481.152 or 481.153.
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Oxycodone is a ___________________ controlled substance.
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If person knowingly possesses a controlled substance listed in Penalty Group 1-A and the number of abuse units of the controlled substance is fewer than 20, they have committed a _________.
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If at the guilt or innocence phase of the trial of an offense otherwise punishable as a ____________ under Section 481.112, 481.1121, 481.113, 481.114, or 481.122, 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.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, less than 28 grams of a controlled substance listed in Penalty Group 4, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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It is a felony of the third degree if a person knowingly or intentionally possesses __________ of marihuana.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams of a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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If a person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A and the controlled substance is, by aggregate weight, including adulterants or dilutants, less than one gram, they have committed a ___________.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, 2,000 pounds or less but more than 50 pounds of a controlled substance listed in Penalty Group 2-A, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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If person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1-A and the number of abuse units of the controlled substance is fewer than 20, they have committed a _________.
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If a person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person 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, they have committed a _____________.
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It is a felony of the second degree if a person knowingly or intentionally possesses __________ of marihuana.
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A compound, mixture, or preparation containing not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone is a ___________ controlled substance.
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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, 481.113, 481.114, 481.120, or 481.122 that the defendant used or attempted to use a child younger than ________ 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.
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If a person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4 and the controlled substance is, by aggregate weight, including adulterants or dilutants, less than 28 grams, they have committed a ___________.
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A person knowingly or intentionally delivering, possessing with intent to deliver, or manufacturing with intent to deliver a substance or device designed to falsify drug test results commits a _________________.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, less than one gram of a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams of a controlled substance listed in Penalty Group 3, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice, they have committed a _________.
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Alprazolam is a _____________ controlled substance.
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Study Notes
Controlled Substances
- "Drug paraphernalia" refers to a controlled substance with an unauthorized trademark, trade name, or identifying mark.
- "Deliver" means to sell, dispense, give away, or supply a controlled substance in any manner.
- "Immediate precursor" means a principal compound used or produced primarily for manufacturing a controlled substance.
The Controlled Substance Act in Texas
- Found in the Health and Safety Code.
Penalties for Drug-Related Offenses
- Possession of 2,000 lbs. or less but more than 50 pounds of marijuana: felony of the first degree.
- The six major categories of controlled substances include narcotics, depressants, stimulants, marijuana, simulated controlled substances, and hallucinogenic substances.
- Manufacture of dangerous drug: penalty depends on the amount and type of substance involved.
- Forgery of a prescription or increasing the prescribed quantity: felony of the third degree.
- Subsequent conviction of issuing a prescription with a forged or fictitious signature: felony of the second degree.
Possession and Delivery of Controlled Substances
- Possession of less than 28 grams of a Penalty Group 3 controlled substance: Class A misdemeanor.
- Possession of 20 or more abuse units of a Penalty Group 1-A controlled substance: felony of the second degree.
- Delivery of marihuana and possession of a controlled substance: felony of the second degree.
- Manufacture and delivery of a simulated controlled substance with intent to deliver: felony of the third degree.
Classification of Controlled Substances
- Diazepam, Glutethimide, and Halazepam are Penalty Group 3 controlled substances.
- Oxycodone is a Penalty Group 1 controlled substance.
- Alprazolam is a Penalty Group 3 controlled substance.
Enhanced Penalties for Certain Offenses
- Delivery of a controlled substance in a drug-free zone: enhanced penalty.
- Use of a child to commit a drug-related offense: increased penalty by one degree.
Other Offenses
- Possession of a substance or device to falsify drug test results: Class A misdemeanor.
- Converting a controlled substance or plant to one's own use: felony of the second degree.
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