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Flashcards in Health and Safety Code Deck (25)
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1
Q

Definition: ____________
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.
HSC 481.002

A

Administer

2
Q

Definition: ____________
means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
HSC 481.002

A

controlled substance

3
Q

Definition: ____________
(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, 1-A, 2, or 2-A; 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, 1-A, 2, or 2-A.

HSC 481.002

A

controlled substance analogue

4
Q

Definition: ____________
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.
HSC 481.002

A

counterfeit substance

5
Q

Definition: ____________
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.
HSC 481.002

A

deliver or offer to deliver

6
Q

Definition: ____________
means the act of delivering
HSC 481.002

A

Delivery or drug transaction

7
Q

Definition: ____________
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.
HSC 481.002

A

Dispense

8
Q

Definition: ____________
means to deliver a controlled substance other than by administering or dispensing the substance.
HSC 481.002

A

Distribute

9
Q

Definition: ____________
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).
HSC 481.002

A

Drug

10
Q

Definition: ____________
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, inositol, nicotinamide, dextrose, lactose, or absorbent, blotter-type material, that is used or intended to be used to increase the amount or weight of or to transfer a controlled substance regardless of whether the dilutant or adulterant diminishes the efficacy of the 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.
HSC 481.002

A

drug paraphernalia

11
Q

Definition: ____________
means the injection, inhalation, ingestion, or application of a substance to or into a human body.
HSC 481.002

A

human consumption

12
Q

Definition: ____________
means a substance the director 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.
HSC 481.002

A

immediate precursor

13
Q

Definition: ____________
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.
HSC 481.002

A

Manufacture

14
Q

Definition: ____________
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;
(E) the sterilized seeds of the plant that are incapable of beginning germination; or
(F) hemp, as that term is defined by Section 121.001, Agriculture Code.
HSC 481.002

A

Marihuana

15
Q

Definition: ____________
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.
HSC 481.002

A

narcotic drug

16
Q

Definition: ____________
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 Subchapter B, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
HSC 481.002

A

Opiate

17
Q

Definition: ____________
means an individual, corporation, government, business trust, estate, trust, partnership, association, or any other legal entity. HSC 481.002

A

Person

18
Q

Definition: ____________
Means actual care, custody, control, or management.
HSC 481.002

A

Possession

19
Q

Definition: ____________
includes the manufacturing, lanting, cultivating, growing, or harvesting of a controlled substance.
HSC 481.002

A

Production

20
Q

Manufacture/Delivery of Controlled Substance Causing Death or Serious Bodily Injury
Sec. 481.141.

A

(a) If at the guilt or innocence phase of the trial of an offense described by Subsection (b), 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.
(b) This section applies to 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, or 481.122.
(c) Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.

21
Q

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.
Sec. 482.002.

A

An offense under this section is a state jail felony.

22
Q

OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE BY REGISTRANTS, DISPENSERS, AND CERTAIN OTHER PERSONS.

(a) This section applies only to a registrant, a dispenser, or a person who, pursuant to Section 481.062(a)(1) or (2), is not required to register under this subchapter.
(b) A person commits an offense if the person knowingly:
(1) converts to the person’s own use or benefit a controlled substance to which the person has access by virtue of the person’s profession or employment; or
(2) diverts to the unlawful use or benefit of another person a controlled substance to which the person has access by virtue of the person’s profession or employment.

Sec. 481.1285.

A

(c) An offense under Subsection (b)(1) is a state jail felony. An offense under Subsection (b)(2) is a felony of the third degree.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

23
Q

Definition: ____________
means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend:
(A) “Caution: federal law prohibits dispensing without prescription” or “Rx only” or another legend that complies with federal law; or
(B) “Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian.”

A

Dangerous drug

24
Q

Definition: ____________

means to sell, dispense, give away, or supply in any other manner.

A

Deliver

25
Q

Definition: ____________
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, Occupations Code, to a pharmacist for a dangerous drug to be dispensed that states:
(A) the date of the order’s issue;
(B) the name and address of the patient;
(C) if the drug is prescribed for an animal, the species of the animal;
(D) the name and quantity of the drug prescribed;
(E) the directions for the use of the drug;
(F) the intended use of the drug unless the practitioner determines the furnishing of this information is not in the best interest of the patient;
(G) the name, address, and telephone number of the practitioner at the practitioner’s usual place of business, legibly printed or stamped; and
(H) the name, address, and telephone number of the licensed midwife, registered nurse, or physician assistant, legibly printed or stamped, if signed by a licensed midwife, registered nurse, or physician assistant.
(Manufacturer is not on here!!!)

A

Prescription