Health And Safety Code Flashcards
What is the definition of administer
To directly apply a controlled substance by injection, inhalation, ingestion, or other means to the body of a patient or research subject by:
A practitioner or an agent of the practitioner in the presence of the practitioner
The patient or research subject at the direction and in the presence of a practitioner
What is controlled substance
A substance, including a drug, an adulterant, and a dilutant, listed in Schedule I through V or Pen Grp 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.
What is controlled substance analogue
(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.
What is a counterfeit substance
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.
What is deliver (or offer to deliver)
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.
What is dispense
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.
What is distribute
to deliver a controlled substance other than by administering or dispensing the substance.
What is a drug
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).
What is drug paraphernalia
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 (see book for more)
What is human consumption
the injection, inhalation, ingestion, or application of a substance to or into a human body
What is Immediate precursor
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.
What is the def of manufacture
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.
What is marihuana
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; or
(E) the sterilized seeds of the plant that are incapable of beginning germination.
What is a narcotic drug
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.
What is an opiate
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, thincludes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substancee dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
What is a person
an individual, corporation, government, business trust, estate, trust, partnership, association, or any other legal entity.
What is possession
actual care, custody, control, or management.
What is production
includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance
What are the 6 major categories of controlled substances
Narcotics Depressants Stimulants Hallucinogens Marihuana Simulated controlled substances
What is the penalty for man/del of a substance in pen grp 1
Less than 1 gram - SJF
1 gram but less than 4 - F2
4 grams less than 200 grams - F1
200 grams less than 400 - 10 to 99 yrs or life and up to $100,000 fine
More than 400 grams 15 to 99 yrs or life and up to $250,000
What is the penalty for possession of substance pen grp 1
Less than 1 gram - SJF 1 gram but less than 4 - F3 4 grams less than 200 grams - F2 200 grams less than 400 - F1 More than 400 grams - 10 to 99 yrs or life and up to $100,000 fine
What are factors contributing to the probable cause? (8)
Nervousness of suspect
Lack of ID
Lack of registration and/or Insurance
Appearance of vehicle
Stories given by suspects does not match
Pungent odor of certain controlled substances emanating from the vehicle
Driver states he does not have a key to trunk
Vehicle appears to be heavily laden
What are 5 interview techniques?
Separate suspects and compare answers Establish ID of driver and or passenger Inquire as to origin destination and purpose of trip Ask for registration and insurance Inquire about the ownership of vehicle
Why are rural areas in Texas are conducive to drug smuggling
Small airports
Clandestine airports in private property
Farm-to-market highways are used as landing strips
Where is a high intensity drug area in Texas
Due to geographical location the entire state is subject to it
What are 6 characteristics of vehs that are used as load cars for narcotics
Reliable veh with large capacity
False compartments in interior or exterior
Veh trim on the side of a pickup (example: does not line up due to lowering or raising the cab to accommodate false compartments
Lug nuts or veh body screws and bolts that look tampered with
Veh not registered to driver
Driver doesn’t know who registered owner is
What are 3 typical characteristics of drug smugglers
Extended travel without luggage
Luggage carried in back seat
Appears nervous upon contact
Where are places to hide drugs in a vehicle (13)
Glove box Under dash Under carpet Gas tanks Hub caps Headliners A/C duct Trunk Consoles Door panels Spare tire Engine compartment Ash tray
Where are places to hide drugs inside? (8)
Furniture Toilet tanks Clothes closet Fridge or freezer Cabinets Under sinks and drains Waste baskets Food canisters
Where are places a person can hid on their person (7)
Clothing Body cavities Belts Shoes Hair Underarms Taped to body
What are 4 procedures for qualifying and utilizing informants
Interview prospective informant
Consult with affected official
Establish informants in administrating reports to include an admin code number
Provide for method of payments and documentation
What are 3 methods of drug abuse
Injection
Inhalation
Ingestion
What is a dangerous drug
A device or a drug that is unsafe for self-medication and that is not included in Schedules or Pen Grps
What does it mean to deliver
To sell, dispense, give away or supply in any other manner
What does it mean to manufacture
A person, other than a pharmacist, who manufactures dangerous drugs.
What is the penalty for man/del of a substance in pen grp 1A
Less than 20 units - SJF
20 but less than 80 - F2
80 but less than 4000 - F1
4000 but less than 8000 - 15 to 99 yrs or life / $250,000 fine
8000 units or more - 15 to 99 or life / $250,000 fine
What is the penalty for possession of a substance in pen grp 1A
Less than 20 units - SJF 20 but less than 80 - F3 80 but less than 4000 - F2 4000 but less than 8000 - F1 8000 or more - 15 to 99 or life / $250000 fine
What are examples of some pen grp 1 drugs
Heroin Cocaine Methamphetamine Methadone Opiates Codeine Ketamine
What are examples of some pen grp 1A drugs
LSD and its derivatives
What are examples of some pen grp 2 drugs
Hallucinogenic drugs like mescaline, PCP, amphetamines, Ecstasy, psilocin (mushrooms)
What are examples of some pen grp 2A drugs
Synthetic marijuana
What are examples of some pen grp 3 drugs
Drugs that affect the nervous system such as barbiturates, peyote, and diazepam (Valium), Alprazolam (Xanax)
What are examples of some pen grp 4 drugs
Mixtures of narcotic drugs, narcotic cough syrups
What is the penalty for possession of a substance in pen grp 2
Less than 1 gram - SJF
1 gram but less than 4 - F3
4 gram but less than 400 - F2
More than 400 grams - 5 to 99 years or life / $50,000
What is the penalty for man/del of a substance in pen grp 2 & 2A
Less than 1 gram - SJF
1 gram but less than 4 - F2
4 gram but less than 400 - F1
More than 400 - 10 to 99 yrs or life / $100,000 fine
What is the penalty for possession of a substance in pen grp 2A
Under 2 oz - MB 2 oz but less than 4 - MA 4 oz but less than 5 lbs - SJF 5 lbs but less than 50 - F3 50 lbs to 2,000 lbs - F2 Over 2,000 lbs - 5 to 99 yrs or life / $50,000 fine
What is the penalty for possession of a substance in pen grp 3
Under 28 grams - MA
28 grams but less than 200 - F3
200 grams but less than 400 - F2
Over 400 grams 5 to 99 yrs or life / $50,000 fine
What is the penalty for possession of a substance in pen grp 4
Under 28 grams - MB
28 grams but less than 200 - F3
200 grams but less than 400 - F2
Over 400 grams 5 to 99 yrs or life / $50,000 fine
What is the penalty for man/del of a substance in pen grp 3 and 4
Under 28 grams - SJF
28 grams but less than 200 - F2
200 grams but less than 400 - F1
Over 400 grams 10 to 99 yrs or life / $100,000 fine
What is the penalty for delivery of marijuana
1/4 oz without remuneration - MB 1/4 oz with remuneration - MA 4 oz but under 5 lbs - SJF 5 lbs but under 50 lbs - F2 50 lbs but under 2000 lbs - F1 Over 2000 lbs - 10 to 99 or life / $100,000 fine
What is the penalty for poss of marijuana
Under 2 oz - MB 2 oz but under 4 oz - MA 4 oz but under 5 lbs - SJF 5 lbs but under 50 lbs - F3 50 lbs but under 2000 lbs - F2 Over 2000 lbs - 5 to 99 yrs or lifee / $50,000 fine
What are the elements & what class charge is delivering a controlled substance or marijuana to a minor?
F2
Knowingly delivers it to a person under 18 / actor who is believed to be under 18 / is enrolled in elementary or secondary school / actor knows or believed they are enrolled
What class offense is poss or transport of certain chemicals with intent to manufacture controlled substance
F2 if the controlled substance is listed in Pen grp 1 or 1-A
F3 if the controlled substance is listed in Penalty Group 2
SJF if the controlled substance is listed in Penalty Group 3 or 4
MA if the controlled substance is listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.
What class offense is poss or delivery of drug paraphernalia
MC
MA if shown at trial subj previously convicted (Makes it punishable by jail 90 days to 1 year)
What class offense is unauthorized disclosure of info?
SJF
What class offense is fraud?
MB to F2
READ BOOK
What class offense is falsifying drug test results
MB
MA if you deliver item to falsify test
What class offense is having drugs in a drug free road
SJF - F1
What class offense is poss of a dangerous drug
MA
What class offense is delivery or offer of a dangerous drug
SJF
What class offense is manufacture of dangerous drug
SJF
What class offense is forging or altering presriptions
MB
Unless shown at trial previously convicted of crime
