16. Health and Safety Code

Question 1

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

Answer 1

Class “B” Misdemeanor

Question 2

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

Answer 2

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

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

Answer 3

immediate precursor

Question 4

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

Answer 4

State Jail Felony

Question 5

Question 5 of 50 - BPOC 15 Health and Safety Code
“______________” means actual care, custody, control, or management.

Delivery

Possession

Manufacture

Dispense

Answer 5

Possession

Question 6

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

Answer 6

Health and Safety Code

Question 7

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

Answer 7

hallucinogens

Question 8

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

Answer 8

Distribute

Question 9

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

Answer 9

21

Question 10

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

Answer 10

Class “A” Misdemeanor

Question 11

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

Answer 11

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

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

Answer 12

unharvested peyote growing in its natural state

Question 13

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

Answer 13

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

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

Answer 14

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

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

Answer 15

state jail felony / felony of the third degree

Question 16

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

Answer 16

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

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

Answer 17

felony of the second degree

Question 18

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

Answer 18

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

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

Answer 19

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

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

Answer 20

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

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

Answer 21

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

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

Answer 22

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

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

Answer 23

a state jail felony

Question 24

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

Answer 24

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

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

Answer 25

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

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

Answer 26

felony of the second degree

Question 27

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

Answer 27

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

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

Answer 28

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

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

Answer 29

Penalty Group 3

Question 30

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

Answer 30

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

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

Answer 31

True

Question 32

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

Answer 32

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

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

Answer 33

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

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

Answer 34

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

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

Answer 35

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

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

Answer 36

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

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

Answer 37

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

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

Answer 38

2,000 pounds or less but more than 50 pounds

Question 39

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

Answer 39

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

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

Answer 40

the amount of marihuana delivered is more than 2,000 pounds

Question 41

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.

Answer 41

felony of the second degree

Question 42

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

Answer 42

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

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

Answer 43

Penalty Group 2-A

Question 44

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

Answer 44

felony of the second degree / felony of the first degree

Question 45

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

Answer 45

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

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

Answer 46

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

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

Answer 47

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

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

Answer 48

Penalty Group 4

Question 49

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

Answer 49

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

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

Answer 50

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.