Tex. Health & Safety Code Section 482.002
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:

(1)

expressly represents the substance to be a controlled substance;

(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; or

(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.

(b)

It is a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance was:

(1)

acting in the discharge of the person’s official duties as a peace officer;

(2)

manufacturing the substance for or delivering the substance to a licensed medical practitioner for use as a placebo in the course of the practitioner’s research or practice; or

(3)

a licensed medical practitioner, pharmacist, or other person authorized to dispense or administer a controlled substance, and the person was acting in the legitimate performance of the person’s professional duties.

(c)

It is not a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance believed the substance to be a controlled substance.

(d)

An offense under this section is a state jail felony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.03, eff. Sept. 1, 1994.

Source: Section 482.002 — Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­482.­htm#482.­002 (accessed Apr. 13, 2024).

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Accessed:
Apr. 13, 2024

§ 482.002’s source at texas​.gov