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
