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Texas Health and Safety Code
Tarrant County College Police Academy
32
Criminal Justice
Professional
01/31/2013

Additional Criminal Justice Flashcards

 


 

Cards

Term
Administer
Definition

To Directly apply a controlled substance by INJECTION, INHALATION, INGESTION, or other means to the body of a patient or research subject by:

a. A practitioner or an agent of the practitioner in the presence of the practicioner; or

b. the patient or research subject at the direction and in the presence of a practicioner.

Term
Controlled Substance
Definition
A substance, including a drug, and adulterant, and a dilutant, listed in Schedules I though V or Penalty Groups 1-A, or 2 through 4.  The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.
Term
Controlled Substance Analogue
Definition

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, or 2; or

b. A substance specifically designed to produce an effect substantially similar to, or greather than, the effect of a controlled substance in Schedule I or II or Penatly Group 1, 1-A, or 2.

Term
Counterfeit Substance
Definition
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.
Term
Deliver
Definition
To transfer, actually or constructively, to another, a controlled substance, conterfeit 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.
Term
Dispense
Definition
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 practicioner, to an ultimate user or research subject.  The term includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery.
Term
Distribute
Definition
To deliver a controlled substance other than by administering or dispensing the substance.
Term
Drug
Definition

A 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 a 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.

Term
Drug Paraphernalia
Definition
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 introduced into the human body a controlled substance in violation of this chapter.
Term
Human Consumption
Definition
The injection, inhalation, ingestion, or application of a substance to or into a human body.
Term
Immediate Precursor
Definition

A substance the director finds to be and by rule designates as being:

a. A principle 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.

Term
Manufacture
Definition

The production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marijuana, directly or indirectly by extraction from substances of natural origin, independently by means of 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.

Term
Marijuana
Definition

The plant Cannabis Sativa L., whether growing or not, the seeds of the 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.

Term
Narcotic Drug
Definition

Any of the Following, produced directly or indirectly by extraction from substances or 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. Cocain, including:

i. Its salts, its optical, position, or geometric isomers, an the salts of those isomers;

ii. Coca leaves and a salt, compound, derivative, or preparation of coca leaves;

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 cocain or ecgonine.

Term
Opiate
Definition
A substance that has an addicition-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, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
Term
Possession
Definition
Actual care, custody, control, or management.
Term
Production
Definition
The manufacturing, planting, cultivating, growing, or harvest of a controlled substance.
Term
Major Categories of Controlled substances:
Definition

1. Narcotics: Opiates and Cocain- reduce pain

2. Depressants: Vallium, Xanax- reduce bodily function.

3. Stimulants: Meth and Ecstasy- Temporarily arouse or accelerate physical or organic action.

4. Hallucinogens: LSD, PCP- Altered sensory experiences.

5. Marijuana: The cannibus plant THC "weed, reefer, hemp, grass."

6. Simulated Control Substance: Reported to be controlled substance, but chemically different.

Term
Penalty for Delivery of Marijuana
Definition

1. B Misdemeanor - .25 ounce or less with no renumeration.

2. A Misdemeanor - .25 ounces or less WITH renumeration.

3. State Jail Felony- More than .25 ounce, but less than 5 lbs.

4. Second Degree Felony- 5 lbs. or more, but less than 50 lbs.

5. First Degree Felony- 50 lbs or more, but less than 2000 lbs.

6. First degree(10-99+$100k)- 2000 lbs or more.

Term
Penalty for Possession of Marijuana
Definition

1. B Misdemeanor- 2 oz or less

2. A Misdemeanor- 4 oz or less, but more than 2oz.

3. State Jail Felony- 5 lbs or less, but more than 4 oz.

4. Felony 3rd- 50 lbs or less, but more than 5 lbs.

5. Felony 2nd- 2000 lbs or less, but more than 50 lbs.

6. Felony 1st (5-99 + $50K)- More than 2000 lbs.

 

Term
Penalty for Possession or Transport of Certain Chemicals WITH intent to manufacture a controlled substance
Definition

1. Felony 2nd- If substance is in Penalty Group 1 or 1-A

2. Felony 3rd- If substance is in Penalty Group 2.

3. State Jail Felony- If substance is in Penalty Group 3 and 4.

4. Class A Misdemeanor if the controlled substance is listed in a schedule by an action of the commisioner under this chapter but not listed in a penalty group.

Term
Penalties for Possession of Paraphernalia
Definition

1. Intentionally or knowingly Possesses for drug use: C Misdemeanor

2. Intentionally or knowingly delivers or plans to deliver: A Misd

3. Delivery to or intent to deliver to under 18: State Jail Felony

Term
Penalties for Possession, Delivery, and Manufacture of Dangerous drugs for forging or altering a Prescription
Definition

1. Possession of a dangerous drug without prescription: A Misdemeanor

2. Delivery or offer of delivery of dangerous drug: State Jail Felony

3. Manufacture of Dangerous Drugs: State Jail Felony

4. Forging or altering a prescription: B Misdemeanor unless previously convicted, then A Misdemeanor

Term
Penalty for Manufacture or delivery of Group 1A substance (LSD)
Definition

1. State Jail Felony- less than 20 abuse units

2. Felony 2nd- 20 abuse units or more but less than 80.

3. Felony 1st- 80 abuse units or more but less than 4000.

4. Felony 1st (15-99 years plus $250k)- 4000 abuse units or more.

Term
Penalty for Manufacture or Delivery of substance in Penalty Group 2 (PCP Magic Mushrooms)
Definition

1. State Jail Felony: less than 1 gram

2. Felony 2nd: 1 gram or more, but less than 4 grams.

3. Felony 1st: 4 grams or more, but less than 400 grams.

4. (10-99 years plus $100k): over 400 grams.

Term
Penalty for Manufacture or Delivery of substance in Penalty Group 1 (Meth, Cocain, heroin, etc)
Definition

1. State Jail Felony: Under 1 gram

2. Felony 2nd: 1 gram or more, but less than 4 grams

3. Felony 1st: 4 grams or more but less than 200 grams

4. Felony 1st (10-99 plus $100k) 200 grams or more but less than 400 grams.

5. Felony 1st (15-99 years plus $250k) 400 grams or more.

Term
Penalty for Manufacture or delivery of substance in Penalty Group 3 or 4 (Valium/Codeine)
Definition

1. State Jail Felony: Less than 28 grams

2. Felony 2nd: 28 or more, but less than 200 grams

3. Felony 1st: 200 or more, but less than 400 grams

4. Felony 1st (10-99 years plus $100k) over 400 grams

Term
Penalty for Possession in Group 1 (Meth, Heroin, Cocain, etc)
Definition

1. State Jail Felony: Less than 1 gram

2. Felony 3rd: 1 or more, but less than 4 grams

3. Felony 2nd: 4 or more, but less than 200 grams

4. Felony 1st: 200 or more but less than 400 grams

5. Felony 1st (10-99 years plus $100k) over 400 grams

 

Term
Penalty for Possession of substance in Penalty Group 1A (LSD)
Definition

1. State Jail Felony: Less than 20 abuse units.

2. Felony 3rd: 20 or more, but less than 80 abuse units

3. Felony 2nd: 80 or more, but less than 4000 abuse units.

4. Felony 1st: 4000 or more but less than 8000 abuse units.

5. Felony 1st (15-99 years plus $250k) 8000 abuse units or more.

Term
Penalty for Possession of substance in Penalty Group 2 (PCP magic mushrooms)
Definition

1. State Jail Felony: Less than 1 gram

2. Felony 3rd: 1 or more, but less than 4 grams

3. Felony 2nd: 4 or more, but less than 400 grams.

4. Felony 1st (5-99 years plus $50k) 400 grams or more.

Term
Penalty for Possession of substance in Penalty Group 3 (valium)
Definition

1. A Misdemeanor: Less than 28 grams

2. Felony 3rd: 28 or more, but less than 200 grams.

3. Felony 2nd: 200 or more, but less than 400 grams.

4. Felony 1st (5-99 years plus $50k) 400 grams or more.

Term
Penalty for Possession of a Substance in Penalty Group 4 (Codeine)
Definition

1. B Misdemeanor: Less than 28 grams.

2. Felony 3rd: 28 or more, but less than 200 grams.

3. Felony 2nd: 200 or more, but less than 400 grams.

4. Felony 1st (5-99 years plus $50k): 400 grams or more.

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