Tex. Health & Safety Code Section 481.123
Defense to Prosecution for Offense Involving Controlled Substance Analogue

(a)

It is an affirmative defense to the prosecution of an offense under this subchapter involving the manufacture, delivery, or possession of a controlled substance analogue that the analogue:

(1)

was a substance for which there is an approved new drug application under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355); or

(2)

was a substance for which an exemption for investigational use has been granted under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355), if the actor’s conduct with respect to the substance is in accord with the exemption.

(b)

For the purposes of this section, Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355) applies to the introduction or delivery for introduction of any new drug into intrastate, interstate, or foreign commerce.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 745, Sec. 28, eff. Jan. 1, 1998; Acts 2003, 78th Leg., ch. 1099, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 712 (H.B. 1212), Sec. 6, eff. September 1, 2015.

Source: Section 481.123 — Defense to Prosecution for Offense Involving Controlled Substance Analogue, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­481.­htm#481.­123 (accessed Jun. 5, 2024).

481.001
Short Title 481.002
Definitions 481.003
Rules 481.031
Nomenclature 481.032
Schedules 481.033
Exclusion from Schedules and Application of Act 481.034
Establishment and Modification of Schedules by Commissioner 481.035
Findings 481.036
Publication of Schedules 481.037
Carisoprodol 481.061
Federal Registration Required 481.062
Exemptions 481.065
Authorization for Certain Activities 481.067
Records 481.068
Confidentiality 481.070
Administering or Dispensing Schedule I Controlled Substance 481.071
Medical Purpose Required Before Prescribing, Dispensing, Delivering, or Administering Controlled Substance 481.072
Medical Purpose Required Before Distributing or Dispensing Schedule V Controlled Substance 481.074
Prescriptions 481.075
Schedule Ii Prescriptions 481.076
Official Prescription Information 481.077
Chemical Precursor Records and Reports 481.080
Chemical Laboratory Apparatus Record-keeping Requirements 481.101
Criminal Classification 481.106
Classification of Controlled Substance Analogue 481.108
Preparatory Offenses 481.111
Exemptions 481.119
Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances 481.120
Offense: Delivery of Marihuana 481.121
Offense: Possession of Marihuana 481.122
Offense: Delivery of Controlled Substance or Marihuana to Child 481.123
Defense to Prosecution for Offense Involving Controlled Substance Analogue 481.124
Offense: Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance 481.125
Offense: Possession or Delivery of Drug Paraphernalia 481.126
Offense: Illegal Barter, Expenditure, or Investment 481.127
Offense: Unauthorized Disclosure of Information 481.128
Offense and Civil Penalty: Commercial Matters 481.129
Offense: Fraud 481.130
Penalties Under Other Law 481.131
Offense: Diversion of Controlled Substance Property or Plant 481.132
Multiple Prosecutions 481.133
Offense: Falsification of Drug Test Results 481.134
Drug-free Zones 481.135
Maps as Evidence of Location or Area 481.136
Offense: Unlawful Transfer or Receipt of Chemical Precursor 481.137
Offense: Transfer of Precursor Substance for Unlawful Manufacture 481.138
Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus 481.139
Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture 481.140
Use of Child in Commission of Offense 481.141
Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury 481.151
Definitions 481.152
Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Plants 481.153
Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Property 481.154
Rules 481.159
Disposition of Controlled Substance Property or Plant 481.160
Disposition of Excess Quantities 481.161
Disposition of Controlled Substance Property or Plant in Lieu of Destruction 481.181
Inspections 481.182
Evidentiary Rules Relating to Offer of Delivery 481.183
Evidentiary Rules Relating to Drug Paraphernalia 481.184
Burden of Proof 481.185
Arrest Reports 481.186
Cooperative Arrangements 481.201
Research Program 481.202
Review Board Powers and Duties 481.203
Patient Participation 481.204
Acquisition and Distribution of Controlled Substances 481.205
Rules 481.301
Imposition of Penalty 481.302
Amount of Penalty 481.303
Report and Notice of Violation and Penalty 481.304
Penalty to Be Paid or Informal Hearing Requested 481.305
Formal Hearing 481.306
Decision 481.307
Options Following Decision: Pay or Appeal 481.308
Stay of Enforcement of Penalty 481.309
Collection of Penalty 481.310
Decision by Court 481.311
Remittance of Penalty and Interest 481.312
Release of Bond 481.313
Administrative Procedure 481.314
Disposition of Penalty 481.351
Interagency Prescription Monitoring Work Group 481.352
Members 481.353
Meetings 481.354
Report 481.0355
Emergency Scheduling 481.0621
Exceptions 481.0755
Written, Oral, and Telephonically Communicated Prescriptions 481.0756
Waivers from Electronic Prescribing 481.0761
Rules 481.0762
Monitoring by Regulatory Agency 481.0763
Registration by Regulatory Agency 481.0764
Duties of Prescribers, Pharmacists, and Related Health Care Practitioners 481.0765
Exceptions 481.0766
Reports of Wholesale Distributors 481.0767
Advisory Committee 481.0768
Administrative Penalty: Disclosure or Use of Information 481.0769
Criminal Offenses Related to Prescription Information 481.0771
Records and Reports on Pseudoephedrine 481.1131
Cause of Action for Sale or Provision of Synthetic Cannabinoid 481.1191
Civil Liability for Engaging in or Aiding in Production, Distribution, Sale, or Provision of Synthetic Substances 481.1245
Offense: Possession or Transport of Anhydrous Ammonia 481.1285
Offense: Diversion of Controlled Substance by Registrants, Dispensers, and Certain Other Persons 481.07635
Continuing Education 481.07636
Opioid Prescription Limits
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 481.123’s source at texas​.gov