16. Health and Safety Code Flashcards
Question 1 of 50 - BPOC 15 Health and Safety Code
The offense “Delivery of Marihuana” is a ________________ if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana.
Class “C” Misdemeanor
Class “A” Misdemeanor
State Jail Felony
Class “B” Misdemeanor
Class “B” Misdemeanor
Question 2 of 50 - BPOC 15 Health and Safety Code
The offense “Delivery of Marihuana” is a ________________ if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds.
Class “A” Misdemeanor
State Jail Felony
2nd Degree Felony
1st Degree Felony
1st Degree Felony
Review: HSC (481.120)(b)(5) OFFENSE: DELIVERY OF MARIHUANA. A felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds;
Question 3 of 50 - BPOC 15 Health and Safety Code
“______________” means a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance.
raw material
immediate precursor
drug paraphernalia
counterfeit substance
immediate precursor
Question 4 of 50 - BPOC 15 Health and Safety Code
The penalty for “Manufacture of Dangerous Drug” is
Class “A” Misdemeanor
Class “B” Misdemeanor
3rd Degree Felony
State Jail Felony
State Jail Felony
Question 5 of 50 - BPOC 15 Health and Safety Code
“______________” means actual care, custody, control, or management.
Delivery
Possession
Manufacture
Dispense
Possession
Question 6 of 50 - BPOC 15 Health and Safety Code
“The Controlled Substance Act” in Texas is found in the
Business and Professions Code
Penal Code
Narcotics Code
Health and Safety Code
Health and Safety Code
Question 7 of 50 - BPOC 15 Health and Safety Code
The “six major categories of controlled substances” include narcotics, depressants, stimulants, marijuana, simulated controlled substances, and
tranquilizers
Psilocybin
PCP
hallucinogens
hallucinogens
Question 8 of 50 - BPOC 15 Health and Safety Code
“_____________” means to deliver a controlled substance other than by administering or dispensing the substance.
All are valid
Distribute
Dispense
Administer
Distribute
Question 9 of 50 - BPOC 15 Health and Safety Code
Other than in the presence of a parent, guardian, or spouse, a person younger than _____ years of age commits an offense if the individual possesses, purchases, consumes, or accepts a cigarette or tobacco product.
21
25
15
18
21
Question 10 of 50 - BPOC 15 Health and Safety Code
The penalty for “Possession of Dangerous Drug” unless allowed under the law (for example: with a prescription) is
Class “B” Misdemeanor
3rd Degree Felony
Class “A” Misdemeanor
State Jail Felony
Class “A” Misdemeanor
Question 11 of 50 - Health & Safety Code
If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, two ounces or less 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 _________.
None are correct
felony of the second degree
Class B misdemeanor
Class A misdemeanor
Class B misdemeanor
Review: HSC (481.1161)(a)(b)(1) OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly possesses 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 professional practice. (b) An offense under this section is: (1) a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, two ounces or less;
Question 12 of 50 - Health & Safety Code
Controlled substance plants are subject to seizure and summary forfeiture to the state for all the following except:
unharvested peyote growing in its natural state
the owners or cultivators of the plants are unknown
the plants are wild growths
the plants have been planted, cultivated, or harvested in violation of Sec. 481.152
unharvested peyote growing in its natural state
Question 13 of 50 - Health & Safety Code
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, 200 grams or more but less than 400 grams, they have committed a _________
felony of the first degree
felony of the second degree
felony of the third degree
state jail felony
felony of the first degree
Review: HSC (481.114)(a)(d) OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4. (d) An offense under Subsection (a) is a felony of the first degree, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
Question 14 of 50 - Health & Safety Code
If an item of controlled substance property is seized and forfeited Sec. 481.153, the department or a peace officer may not summarily destroy the property under the rules of the department.
False
True
False
Review: HSC (481.153)(b) SEIZURE, SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY. (b) If an item of controlled substance property is seized and forfeited under this section, a court may order the disposition of the property under Section 481.159, or the department, a criminal justice agency, or a peace officer may summarily destroy the property under the rules of the department or dispose of the property in lieu of destruction as provided by Section 481.161.
Question 15 of 50 - Health & Safety Code
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.
class c misdemeanor / felony on the third degree
class c misdemeanor / state jail felony
state jail felony / felony of the second degree
state jail felony / felony of the third degree
state jail felony / felony of the third degree
Question 16 of 50 - Health & Safety Code
If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, one gram or more but less than four 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 _________.
felony of the second degree
felony of the third degree
state jail felony
None are correct
felony of the third degree
Review: HSC (481.115)(a)(c) OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1 OR 1-B. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1 or 1-B, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. (c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
Question 17 of 50 - Health & Safety Code
A person knowingly delivering marihuana or a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 to a person under 18 years old commits a __________.
class c misdemeanor
felony of the second degree
felony of the third degree
state jail felony
felony of the second degree
Question 18 of 50 - Health & Safety Code
If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, 50 pounds or less but more than 5 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 _________.
None are correct
felony of the second degree
felony of the third degree
state jail felony
felony of the third degree
Review: HSC (481.1161)(a)(b)(4) OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly possesses 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 professional practice. (b) An offense under this section is: (4) a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 50 pounds or less but more than 5 pounds;
Question 19 of 50 - Health & Safety Code
It is a Class B misdemeanor if a person knowingly or intentionally delivers marihuana and _____________.
the amount of marihuana delivered is 50 pounds or less but more than five pounds
the amount of marihuana delivered is five pounds or less but more than one-fourth ounce
the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana
the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana
the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana
Question 20 of 50 - Health & Safety Code
If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, five pounds or less but more than four 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 _________.
felony of the second degree
felony of the third degree
state jail felony
None are correct
state jail felony
Review: HSC (481.1161)(a)(b)(3) OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly possesses 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 professional practice. (b) An offense under this section is: (3) a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, five pounds or less but more than four ounces;
Question 21 of 50 - Health & Safety Code
If a person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group and has been previously convicted of an offense under this subsection it is _________.
Felony of the third degree
State Jail Felony
Class C misdeamenor
Class A misdemeanor
State Jail Felony
Review: HSC (481.119)(a)(1) OFFENSE: MANUFACTURE, DELIVERY, OR POSSESSION OF MISCELLANEOUS SUBSTANCES. (a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. An offense under this subsection is a Class A misdemeanor, except that the offense is: (1) a state jail felony, if the person has been previously convicted of an offense under this subsection;
Question 22 of 50 - Health & Safety Code
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 ___________________.
Class C misdemeanor, Class B misdemeanor
Class B misdemeanor, Class A misdemeanor
Class A misdemeanor, state jail felony
state jail felony, felony of the third class
Class B misdemeanor, Class A misdemeanor
Review: HSC (483.045)(a)(1-5)(b) FORGING OR ALTERING PRESCRIPTION. (a) A person commits an offense if the person: (1) forges a prescription or increases the prescribed quantity of a dangerous drug in a prescription; (2) issues a prescription bearing a forged or fictitious signature; (3) obtains or attempts to obtain a dangerous drug by using a forged, fictitious, or altered prescription; (4) obtains or attempts to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or (5) possesses a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call. (b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Question 23 of 50 - Health & Safety Code
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.
Class C misdemeanor
Class B misdemeanor
a state jail felony
All correct
a state jail felony
Question 24 of 50 - Health & Safety Code
If person knowingly possesses a controlled substance listed in Penalty Group 1-A and the number of abuse units of the controlled substance is 8,000 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 20 years and a fine not to exceed $200,000.
False
True
False
Review: HSC (481.1151)(a)(b)(5) OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 1-A. (b) An offense under this section is: (5) 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, if the number of abuse units of the controlled substance is 8,000 or more.
Question 25 of 50 - Health & Safety Code
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 _____________.
felony of the second degree
felony of the third degree
state jail felony
felony of the first degree
state jail felony
Review: HSC (482.002)(a)(2)(d) 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: (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; (d) An offense under this section is a state jail felony.
Question 26 of 50 - Health & Safety Code
If person knowingly or intentionally possesses, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 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 _________.
felony of the second degree
felony of the third degree
Class A misdemeanor
None are correct
felony of the second degree
Question 27 of 50 - Health & Safety Code
Methadone is a ___________________ controlled substance.
Penalty Group 2-A
Penalty Group 2
Penalty Group 1-A
Penalty Group 1
Penalty Group 1
Review: HSC (481.102)(4) PENALTY GROUP 1. Penalty Group 1 consists of: (4) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: Methadone;
Question 28 of 50 - Health & Safety Code
A person commits a ____________ if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist acting in the manner described by Section 483.042(a)(1) or a practitioner acting in the manner described by Section 483.042(a)(2).
Class C misdemeanor
Class B misdemeanor
Class A misdemeanor
state jail felony
Class A misdemeanor
Review: HSC. 483.041. POSSESSION OF DANGEROUS DRUG. (a) A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist acting in the manner described by Section 483.042(a)(1) or a practitioner acting in the manner described by Section 483.042(a)(2). (d) An offense under this section is a Class A misdemeanor.
Question 29 of 50 - Health & Safety Code
A material, compound, mixture, or preparation containing not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium is a _____________ controlled substance.
Penalty Group 2-A
Penalty Group 2
Penalty Group 3
Penalty Group 4
Penalty Group 3
Question 30 of 50 - Health & Safety Code
If a person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group it is _________.
Felony of the third degree
State Jail Felony
Class C misdeamenor
Class A misdemeanor
Class A misdemeanor
Review: HSC (481.119)(a) OFFENSE: MANUFACTURE, DELIVERY, OR POSSESSION OF MISCELLANEOUS SUBSTANCES. (a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. An offense under this subsection is a Class A misdemeanor,
Question 31 of 50 - Health & Safety Code
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.
False
True
True
Question 32 of 50 - Health & Safety Code
A person commits a ________ if the person knowingly 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.
class c misdemeanor
class b misdemeanor
class a misdemeanor
state jail felony
state jail felony
Review: HSC (481.1285)(b)(1-2)(c) OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE BY REGISTRANTS, DISPENSERS, AND CERTAIN OTHER PERSONS. (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. (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.
Question 33 of 50 - Health & Safety Code
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, less than one gram, they have committed a _________.
felony of the first degree
felony of the second degree
felony of the third degree
state jail felony
state jail felony
Review: HSC (481.112)(a)(b) OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1. (b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.
Question 34 of 50 - Health & Safety Code
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.
class c misdemeanor
class b misdemeanor
class a misdemeanor
state jail felony
state jail felony
Review: HSC (481.131)(a)(1-2)(b) OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE PROPERTY OR PLANT. (a) A person commits an offense if the person intentionally or knowingly: (1) converts to the person’s own use or benefit a controlled substance property or plant seized under Section 481.152 or 481.153; or (2) diverts to the unlawful use or benefit of another person a controlled substance property or plant seized under Section 481.152 or 481.153. (b) An offense under this section is a state jail felony.
Question 35 of 50 - Health & Safety Code
It is a felony of the third degree if a person knowingly or intentionally possesses __________ of marihuana.
more than 2,000 pounds
2,000 pounds or less but more than 50 pounds
50 pounds or less but more than 5 pounds
five pounds or less but more than four ounces
50 pounds or less but more than 5 pounds
Review: HSC (481.121)(a)(b)(4) OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) An offense under Subsection (a) is: (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;
Question 36 of 50 - Health & Safety Code
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 _____________.
felony of the first degree
felony of the second degree
felony of the third degree
state jail felony
state jail felony
Review: HSC (482.002)(a)(3)(d) 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: (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. (d) An offense under this section is a state jail felony.
Question 37 of 50 - Health & Safety Code
Lorazepam, Medazepam, and Secobarbital are _____________ controlled substances.
Penalty Group 2-A
Penalty Group 3
Penalty Group 2
Penalty Group 4
Penalty Group 3
Review: HSC (481.104)(a)(2) PENALTY GROUP 3. (a) Penalty Group 3 consists of: (2) a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs, and approved by the United States Food and Drug Administration for marketing only as a suppository; Lorazepam; Medazepam; Secobarbital;
Question 38 of 50 - Health & Safety Code
It is a felony of the second degree if a person knowingly or intentionally possesses __________ of marihuana.
more than 2,000 pounds
2,000 pounds or less but more than 50 pounds
50 pounds or less but more than 5 pounds
five pounds or less but more than four ounces
2,000 pounds or less but more than 50 pounds
Question 39 of 50 - Health & Safety Code
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 _________.
felony of the second degree
Class B misdemeanor
Class A misdemeanor
None are correct
Class A misdemeanor
Review: HSC (481.1161)(a)(b)(2) OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly possesses 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 professional practice. (b) An offense under this section is: (2) a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four ounces or less but more than two ounces;
Question 40 of 50 - Health & Safety Code
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 _____________.
the amount of marihuana delivered is more than 2,000 pounds
the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds
the amount of marihuana delivered is 50 pounds or less but more than five pounds
the amount of marihuana delivered is five pounds or less but more than one-fourth ounce
the amount of marihuana delivered is more than 2,000 pounds
Question 41 of 50 - Health & Safety Code
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 _________.
felony of the first degree
felony of the second degree
felony of the third degree
state jail felony
Review: HSC (481.112)(a)(c) OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1. (c) An offense under Subsection (a) is a felony of the second degree if 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.
felony of the second degree
Question 42 of 50 - Health & Safety Code
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 _________.
None are correct
felony of the third degree
felony of the second degree
state jail felony
felony of the second degree
Review: HSC (481.115)(a)(d) OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1 OR 1-B. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1 or 1-B, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. (d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.
Question 43 of 50 - Health & Safety Code
Quinolinoyl pyrazole carboxylate is a ___________________ controlled substance.
Penalty Group 2-A
Penalty Group 2
Penalty Group 1-A
Penalty Group 1
Penalty Group 2-A
Question 44 of 50 - Health & Safety Code
Manufacture or delivery of a substance in Penalty Group 1 ordinarily punishable as a ___________ is punishable as a ___________ if committed in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility.
class c misdemeanor / state jail felony
felony of the third / state jail felony
felony of the second degree / felony of the third degree
felony of the second degree / felony of the first degree
felony of the second degree / felony of the first degree
Question 45 of 50 - Health & Safety Code
It is a felony of the first degree if a person knowingly or intentionally delivers marihuana and _____________.
the amount of marihuana delivered is more than 2,000 pounds
the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds
the amount of marihuana delivered is five pounds or less but more than one-fourth ounce
the amount of marihuana delivered is 50 pounds or less but more than five pounds
the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds
Review: HSC (481.120)(a)(b)(5) OFFENSE: DELIVERY OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana. (b) An offense under Subsection (a) is: (5) a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds;
Question 46 of 50 - Health & Safety Code
If a controlled substance plant is seized and forfeited under Sec. 481.152, a court may order the disposition of the plant under Section 481.159, or the department or a peace officer may summarily destroy the property under the rules of the department.
False
True
True
Review: HSC 481.152.(a)(d) SEIZURE, SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PLANTS. (a) Controlled substance plants are subject to seizure and summary forfeiture to the state if: (d) If a controlled substance plant is seized and forfeited under this section, a court may order the disposition of the plant under Section 481.159, or the department, a criminal justice agency, or a peace officer may summarily destroy the property under the rules of the department or dispose of the property in lieu of destruction as provided by Section 481.161.
Question 47 of 50 - Health & Safety Code
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, one gram or more but less than four grams, they have committed a ___________.
felony of the first degree
felony of the second degree
felony of the third degree
state jail felony
felony of the second degree
Review: HSC (481.113)(a)(c) OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2 OR 2-A. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A. (c) An offense under Subsection (a) is a felony of the second degree if 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.
Question 48 of 50 - Health & Safety Code
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.
Penalty Group 2-A
Penalty Group 2
Penalty Group 3
Penalty Group 4
Penalty Group 4
Question 49 of 50 - Health & Safety Code
In considering whether an item is drug paraphernalia under Sec. 481.183, a court or other authority shall consider, in addition to all other logically relevant factors, and subject to rules of evidence:
oral or written instructions provided online concerning its use
All correct
descriptive material accompanying the object that explains or depicts its use
descriptive material accompanying the object that explains or depicts its use
Review: HSC (481.183)(a)(5) EVIDENTIARY RULES RELATING TO DRUG PARAPHERNALIA. (a) In considering whether an item is drug paraphernalia under this chapter, a court or other authority shall consider, in addition to all other logically relevant factors, and subject to rules of evidence: (5) descriptive material accompanying the object that explains or depicts its use;
Question 50 of 50 - Health & Safety Code
A person selling, transferring, or otherwise furnishing a chemical precursor subject to Section 481.077(a) with the knowledge or intent that the recipient will use the chemical precursor to unlawfully manufacture a controlled substance or controlled substance analogue is a ___________.
state jail felony
felony of the second degree
felony of the third degree
class c misdemeanor
felony of the third degree
Review: HSC (481.137)(a)(b) OFFENSE: TRANSFER OF PRECURSOR SUBSTANCE FOR UNLAWFUL MANUFACTURE. (a) A person commits an offense if the person sells, transfers, or otherwise furnishes a chemical precursor subject to Section 481.077(a) with the knowledge or intent that the recipient will use the chemical precursor to unlawfully manufacture a controlled substance or controlled substance analogue. (b) An offense under this section is a felony of the third degree.
