TEXAS DRUG LAWS - Class
Notes
Original material copyright DShinder 1998
DEFINITIONS: Health and Safety Code
CHARACTERISTICS OF DRUG SMUGGLERS
Workplace Drug Crime Investigations
EXAM REVIEW QUESTIONS
based on TCLEOSE objectives
Part one – Pharmacology and Physiology
Part two – the Law
PART ONE: the Pharmacology and Physiology
Ø What are drugs?
Purposes: cure/treatment / prevention / replacement of natural body chemical /
mood alteration / psychological (placebo effect etc)
Ø Types of drugs
Common everyday use: nicotine (increasing legal & social restrictions)
Caffeine – power as stimulant, addiction, overdose (still one of most benign)
Alcohol: use / addiction / Prohibition efforts / DWI problem
Prescription drugs: legal use/overuse and misuse/illegal sales & use
“Slightly illegal”: marijuana – effects compared to alcohol
Illegal/illicit: hardcore street drugs – uppers and downers – speed, cocaine and crack, opium derivatives
Our own bodies as drug factories
Ø
Classifications of drugs (medical / scientific vs. legal)
Ø
The FDA approval process
Ø
Prescriptions – regulation (and lack thereof), DEA role,
physician’s viewpoint
Ø
How various drugs work – the physiological mechanism
Ø
Recognition:
How to identify drugs
How to identify symptoms of drug use
Using the PDR
Ø
“war stories” (professional
experience and observations – the bad AND good effects of drugs, i.e. miracle
cures, deaths or permanent brain damage from O.D., everything in between)
Ø
Review key points
PART TWO: the Law
Ø History of drug laws in this country
Ø Relationship of drug abuse to other crimes
Drug addiction as motive for property crimes
Influence of drugs as causative factor in violent crimes
Ø The Texas Health and Safety Code
Ø Penalty classifications / enhancements
Ø Enforcement:
Local law enforcement role / state and national organizations / the DEA
The War on Drugs
Prevention and Education efforts
D.A.R.E. and other programs aimed at children
Ø The economic impact of drug use / drug enforcement
Ø The ever-changing nature of drug laws in response to societal changes
Ø Officer safety considerations in dealing with drug users
DEFINITIONS:
Health
and Safety Code
Sec.
481.002. Definitions.
In this chapter:
(1) "Administer"
means to directly apply a controlled substance by injection,
inhalation,ingestion, or other means to the body of a patient or research
subject by:
(A) a practitioner or an agent of the practitioner in the presence of the
practitioner; or
(B) the patient or research subject at the direction and in the presence
of a practitioner.
(2) "Agent" means an
authorized person who acts on behalf of or at the direction of a manufacturer,
distributor, or dispenser. The term
does not include a common or contract carrier, public warehouseman, or employee
of a carrier or warehouseman acting in the usual and lawful course of
employment.
(3) "Commissioner"
means the commissioner of health or the commissioner's designee.
(4) "Controlled premises"
means:
(A) a place where original or other records or documents required under
this chapter are kept or are required to be kept; or
(B) a place, including a factory, warehouse, other establishment, or
conveyance, where a person registered under this chapter may lawfully hold,
manufacture, distribute,dispense, administer, possess, or otherwise dispose of a
controlled substance.
(5) "Controlled substance"
means a substance, including a drug and an immediate precursor, listed in
Schedules I through V or Penalty Groups 1 through 4.
(6) "Controlled substance
analogue" means:
(A) a substance with a chemical structure substantially similar to the
chemical structure of a controlled substance in Schedule I or II or Penalty
Group 1 or 2; or
(B) a substance specifically designed to produce an effect substantially
similar to, or greater than, the effect of a controlled substance in Schedule I
or II or Penalty Group 1 or 2.
(7) "Counterfeit substance"
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.
(8) "Deliver" means
to transfer, actually or constructively, to another a controlled
substance, counterfeit substance, or drug paraphernalia, regardless of
whether there is an
agency relationship. The
term includes offering to sell a controlled substance, counterfeit
substance, or drug paraphernalia.
(9) "Delivery" or
"drug transaction" means the act of delivering.
(10) "Designated agent"
means an individual designated under Section 481.073 to
communicate a practitioner's instructions to a pharmacist.
(11) "Director"
means the director of the Department of Public Safety or an employee of
the department designated by the director.
(12) "Dispense"
means the delivery of a controlled substance in the course of professional
practice or research, by a practitioner or person acting under the lawful
order of a practitioner,
to an ultimate user or research subject.
The term includes the prescribing, administering,
packaging, labeling, or compounding necessary to prepare the substance
for delivery.
(13) "Dispenser"
means a practitioner, institutional practitioner, pharmacist, or pharmacy
that dispenses a controlled substance.
(14) "Distribute"
means to deliver a controlled substance other than by administering or
dispensing the substance.
(15) "Distributor"
means a person who distributes.
(16) "Drug" means a
substance, other than a device or a component, part, or accessory of
a device, that is:
(A) recognized as a drug in the official United States Pharmacopoeia,
official
Homeopathic Pharmacopoeia of the United States, official National
Formulary, or a
supplement to either pharmacopoeia or the formulary;
(B) intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of
disease in man or animals;
(C) intended to affect the structure or function of the body of man or
animals but is
not food; or
(D) intended for use as a component of a substance described by Paragraph
(A),
(B), or (C).
(17) "Drug paraphernalia"
means equipment, a product, or material that is used or
intended for use in planting, propagating, cultivating, growing,
harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging,
repackaging, storing, containing, or concealing a controlled substance in
violation of this
chapter or in injecting, ingesting, inhaling, or otherwise introducing
into the human body a
controlled substance in violation of this chapter.
The term includes:
(A) a kit used or intended for use in planting, propagating, cultivating,
growing, or
harvesting a species of plant that is a controlled substance or from
which a controlled
substance may be derived;
(B) a material, compound, mixture, preparation, or kit used or intended
for use in
manufacturing, compounding, converting, producing, processing, or
preparing a
controlled substance;
(C) an isomerization device used or intended for use in increasing the
potency of a
species of plant that is a controlled substance;
(D) testing equipment used or intended for use in identifying or in
analyzing the
strength, effectiveness, or purity of a controlled substance;
(E) a scale or balance used or intended for use in weighing or measuring
a
controlled substance;
(F) a dilutant or adulterant, such as quinine hydrochloride, mannitol,
mannite,
dextrose, or lactose, used or intended for use in cutting a controlled
substance;
(G) a separation gin or sifter used or intended for use in removing twigs
and seeds
from or in otherwise cleaning or refining marihuana;
(H) a blender, bowl, container, spoon, or mixing device used or intended
for use in
compounding a controlled substance;
(I) a capsule, balloon, envelope, or other container used or intended for
use in
packaging small quantities of a controlled substance;
(J) a container or other object used or intended for use in storing or
concealing a
controlled substance;
(K) a hypodermic syringe, needle, or other object used or intended for
use in
parenterally injecting a controlled substance into the human body; and
(L) an object used or intended for use in ingesting, inhaling, or
otherwise
introducing marihuana, cocaine, hashish, or hashish oil into the human
body, including:
(i) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe
with or without a screen, permanent screen, hashish
head, or punctured metal bowl;
(ii) a water pipe;
(iii) a carburetion tube or device;
(iv) a smoking or carburetion mask;
(v) a chamber pipe;
(vi) a carburetor pipe;
(vii) an electric pipe;
(viii) an air-driven pipe;
(ix) a chillum;
(x) a bong; or
(xi) an ice pipe or chiller.
(18) "Federal Controlled
Substances Act" means the Federal Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) or its
successor statute.
(19) "Federal Drug
Enforcement Administration" means the Drug Enforcement
Administration of the United States Department of Justice or its
successor agency.
(20) "Hospital"
means:
(A) a general or special hospital as defined by Section 241.003 (Texas
Hospital
Licensing Law); or
(B) an ambulatory surgical center licensed by the Texas Department of
Health and
approved by the federal government to perform surgery paid by Medicaid on
patients
admitted for a period of not more than 24 hours.
(21) "Human consumption"
means the injection, inhalation, ingestion, or application of a
substance to or into a human body.
(22) "Immediate precursor"
means a substance the commissioner finds to be and by rule
designates as being:
(A) a principal compound commonly used or produced primarily for use in
the
manufacture of a controlled substance;
(B) a substance that is an immediate chemical intermediary used or likely
to be used
in the manufacture of a controlled substance; and
(C) a substance the control of which is necessary to prevent, curtail, or
limit the
manufacture of a controlled substance.
(23) "Institutional
practitioner" means an intern, resident physician, fellow, or person in
an
equivalent professional position who:
(A) is not licensed by the appropriate state professional licensing
board;
(B) is
enrolled in a bona fide professional training program in a base hospital or
institutional training facility registered by the Federal Drug
Enforcement Administration; and
(C) is authorized by the base hospital or institutional training facility
to administer,
dispense, or prescribe controlled substances.
(24) "Lawful possession"
means the possession of a controlled substance that has been
obtained in accordance with state or federal law.
(25) "Manufacture"
means the production, preparation, propagation, compounding,
conversion, or processing of a controlled substance other than marihuana,
directly or indirectly
by extraction from substances of natural origin, independently by means
of chemical synthesis,
or by a combination of extraction and chemical synthesis, and includes
the packaging or
repackaging of the substance or labeling or relabeling of its container.
However, the term does
not include the preparation, compounding, packaging, or labeling of a
controlled substance:
(A) by a practitioner as an incident to the practitioner's administering
or dispensing a
controlled substance in the course of professional practice; or
(B) by a practitioner, or by an authorized agent under the supervision of
the
practitioner, for or as an incident to research, teaching, or chemical
analysis and not for
delivery.
(26) "Marihuana"
means the plant Cannabis sativa L., whether growing or not, the seeds
of that plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of
that plant or its seeds. The
term does not include:
(A) the resin extracted from a part of the plant or a compound,
manufacture, salt,
derivative, mixture, or preparation of the resin;
(B) the mature stalks of the plant or fiber produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative, mixture, or preparation of
the
mature stalks, fiber, oil, or cake; or
(E) the sterilized seeds of the plant that are incapable of germination.
(27) "Medical purpose"
means the use of a controlled substance for relieving or curing a
mental or physical disease or infirmity.
(28) "Medication order"
means an order from a practitioner to dispense a drug to a patient
in a hospital for immediate administration while the patient is in the
hospital or for emergency
use on the patient's release from the hospital.
(29) "Narcotic drug"
means any of the following, produced directly or indirectly by
extraction from substances of vegetable origin, independently by means of
chemical synthesis,
or by a combination of extraction and chemical synthesis:
(A) opium and opiates, and a salt, compound, derivative, or preparation
of opium or
opiates;
(B) a salt, compound, isomer, derivative, or preparation of a salt,
compound,
isomer, or derivative that is chemically equivalent or identical to a
substance listed in
Paragraph (A) other than the isoquinoline alkaloids of opium;
(C) opium poppy and poppy straw; or
(D) cocaine, including:
(i) its salts, its optical, position, or geometric isomers, and the salts
of those isomers;
(ii) coca leaves and a salt, compound, derivative, or preparation of
coca leaves; and
(iii) a salt, compound, derivative, or preparation of a salt,
compound, or derivative that is chemically
equivalent or identical to a substance described by
Subparagraph (i) or (ii), other than decocainized
coca leaves or extractions of coca leaves that do
not contain cocaine or ecgonine.
(30) "Opiate" means
a substance that has an addiction-forming or addiction-sustaining
liability similar to morphine or is capable of conversion into a drug
having addiction-forming or
addiction-sustaining liability. The
term includes its racemic and levorotatory forms.
The term
does not include, unless specifically designated as controlled under
Section 481.038, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
(31) "Opium poppy"
means the plant of the species Papaver somniferum L., other than its
seeds.
(32) "Patient" means
a human for whom or an animal for which a drug is administered,
dispensed, delivered, or prescribed by a practitioner.
(33) "Person" means
an individual, corporation, government, business trust, estate, trust,
partnership, association, or any other legal entity.
(34) "Pharmacist"
means a person licensed by the Texas State Board of Pharmacy to
practice pharmacy and who acts as an agent for a pharmacy.
(35) "Pharmacist-in-charge"
means the pharmacist designated on a pharmacy license as the
pharmacist who has the authority or responsibility for the pharmacy's
compliance with this
chapter and other laws relating to pharmacy.
(36) "Pharmacy"
means a facility licensed by the Texas State Board of Pharmacy where a
prescription for a controlled substance is received or processed in
accordance with state or
federal law.
(37) "Poppy straw"
means all parts, other than the seeds, of the opium poppy, after
mowing.
(38) "Possession"
means actual care, custody, control, or management.
(39) "Practitioner"
means:
(A) a physician, dentist, veterinarian, podiatrist, scientific
investigator, or other
person licensed, registered, or otherwise permitted to distribute,
dispense, analyze,
conduct research with respect to, or administer a controlled substance in
the course of
professional practice or research in this state;
(B) a pharmacy, hospital, or other institution licensed, registered, or
otherwise
permitted to distribute, dispense, conduct research with respect to, or
administer a
controlled substance in the course of professional practice or research
in this state; or
(C) a person practicing in and licensed by another state as a physician,
dentist,
veterinarian, or podiatrist, having a current Federal Drug Enforcement
Administration
registration number, who may legally prescribe Schedule II, III, IV, or V
controlled
substances in that state.
(40) "Prescribe"
means the act of a practitioner to authorize a controlled substance to be
dispensed to an ultimate user.
(41) "Prescription"
means an order by a practitioner to a pharmacist for a controlled
substance for a particular patient that specifies:
(A) the date of issue;
(B) the name and address of the patient or, if the controlled substance
is prescribed
for an animal, the species of the animal and the name and address of its
owner;
(C) the name and quantity of the controlled substance prescribed with the
quantity
shown numerically followed by the number written as a word if the order
is written or, if
the order is communicated orally or telephonically, with the quantity
given by the
practitioner and transcribed by the pharmacist numerically;
(D) directions for the use of the drug; and
Text
of paragraph (E) as added by Acts 1993, 73rd Leg., ch. 351, Sec. 27
(E) the legibly printed or stamped name, address, Federal Drug
Enforcement
Administration registration number, and telephone number of the
practitioner at the
practitioner's usual place of business.
Text
of paragraph (E) as added by Acts 1993, 73rd Leg., ch. 789, Sec. 15
(E) the intended use of the drug unless the practitioner determines the
furnishing of
this information is not in the best interest of the
patient; and
(F) the name, address, Federal Drug Enforcement Administration
registration
number, and telephone number of the practitioner at the practitioner's
usual place of
business, legibly printed or stamped.
(42) "Principal place of
business" means a location where a person manufactures,
distributes, dispenses, analyzes, or possesses a controlled substance.
The term does not
include a location where a practitioner dispenses a controlled substance
on an outpatient basis
unless the controlled substance is stored at that location.
(43) "Production"
includes the manufacturing, planting, cultivating, growing, or harvesting
of a controlled substance.
(44) "Raw material"
means a compound, material, substance, or equipment used or
intended for use, alone or in any combination, in manufacturing a
controlled substance.
(45) "Registrant"
means a person who is registered under Section 481.063.
(46) "Substitution"
means the dispensing of a drug or a brand of drug other than that
which is ordered or prescribed.
(47) "Triplicate prescription
form" means an official Department of Public Safety
prescription form used to administer, dispense, prescribe, or deliver to
an ultimate user a