CHAPTER 482. SIMULATED CONTROLLED SUBSTANCES
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES
CHAPTER 482. SIMULATED CONTROLLED SUBSTANCES
Sec. 482.001. DEFINITIONS. In this chapter:
(1) "Controlled substance" has the meaning assigned by Sec.
481.002 (Texas Controlled Substances Act).
(2) "Deliver" means to transfer, actually or constructively,
from one person to another a simulated controlled substance,
regardless of whether there is an agency relationship. The term
includes offering to sell a simulated controlled substance.
(3) "Manufacture" means to make a simulated controlled substance
and includes the preparation of the substance in dosage form by
mixing, compounding, encapsulating, tableting, or any other
process.
(4) "Simulated controlled substance" means a substance that is
purported to be a controlled substance, but is chemically
different from the controlled substance it is purported to be.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 482.002. UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT TO
DELIVER; CRIMINAL PENALTY. (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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.03, eff. Sept.
1, 1994.
Sec. 482.003. EVIDENTIARY RULES. (a) In determining whether a
person has represented a simulated controlled substance to be a
controlled substance in a manner that would lead a reasonable
person to believe the substance was a controlled substance, a
court may consider, in addition to all other logically relevant
factors, whether:
(1) the simulated controlled substance was packaged in a manner
normally used for the delivery of a controlled substance;
(2) the delivery or intended delivery included an exchange of or
demand for property as consideration for delivery of the
substance and the amount of the consideration was substantially
in excess of the reasonable value of the simulated controlled
substance; and
(3) the physical appearance of the finished product containing
the substance was substantially identical to a controlled
substance.
(b) Proof of an offer to sell a simulated controlled substance
must be corroborated by a person other than the offeree or by
evidence other than a statement of the offeree.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 482.004. SUMMARY FORFEITURE. A simulated controlled
substance seized as a result of an offense under this chapter is
subject to summary forfeiture and to destruction or disposition
in the same manner as is a controlled substance property under
Subchapter E, Chapter 481.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 3, eff. Sept. 1,
1991.
Sec. 482.005. PREPARATORY OFFENSES. Title 4, Penal Code,
applies to an offense under this chapter.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 39, eff. Sept. 1,
1995.