(2) a fabric, compound, combination, or preparation which contains any quantity of the following substances possessing a potential for abuse linked to a depressant impact on the central nervous process:
(4) at any time throughout the eighteen-thirty day period interval preceding the day of your commission of the instant offense, the actor requested crisis healthcare support in reaction for the achievable overdose of the actor or One more particular person.
(file) An offense under Subsection (a) can be a felony of the primary diploma punishable by imprisonment in the Texas Section of Criminal Justice for all times or for any time period of not more than ninety nine years or below twenty years, in addition to a good not to exceed $500,000, if the amount of the managed material to which the offense applies is, by mixture fat, such as adulterants or dilutants, 400 grams or more.
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(A) a peace officer was in the whole process of arresting the actor or executing a look for warrant describing the actor or perhaps the area from which the request for healthcare assistance was produced; or
(h) The protection to prosecution provided by Subsection (file) would not preclude the admission of proof obtained by legislation enforcement resulting with the request for crisis professional medical guidance if that evidence pertains to an offense for which the defense described by Subsection (file) will not be offered.
(two) a Class A misdemeanor if the quantity of the managed compound possessed is, by aggregate fat, together with adulterants or dilutants, 4 ounces or significantly less click here but much more than two ounces;
(2) was the sufferer of a attainable overdose for which crisis health care help was requested, because of the actor or by One more individual, for the duration of an ongoing professional medical unexpected emergency.
(three) the prescription is stuffed in compliance which has a penned system delivering the manner during which the pharmacy could fill a Schedule II prescription issued by a practitioner in A different state that:
(e) If it seems that a defendant or even the condition is prejudiced by a joinder of offenses, the court docket could order individual trials of your offenses or present other check here relief as justice necessitates.
(A) beneath rule adopted with the more info board for this goal, it is avoidable to the practitioner or the practitioner's agent to supply the affected person identification number; or
(d) Except as laid out in Subsections (e) and (f), the board, by rule As well as in session While using the Texas Clinical Board, shall set up the period once the day on which the prescription is issued that someone might fill a prescription for just a controlled compound detailed in Program II. Someone may well not refill a prescription to get a material listed in Agenda II.
(b) check here Inside the absence of proof that a person could be the duly approved holder of an suitable registration or order form issued under this chapter, the individual is presumed to not be the holder with the registration or kind. The presumption is matter to rebuttal by an individual billed by having an offense beneath this chapter.
(d) If someone click here commits an act that could usually be an offense underneath Subsection (a) besides that it was fully commited without the requisite culpable mental state, the individual is liable to the condition for any civil penalty of not over $one,000 for every act.