Texas Health and Safety Code 483.041 – Possession of Dangerous Drug

(a) A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist acting in the manner described by § 483.042(a)(1) or a practitioner acting in the manner described by § 483.042(a)(2).
(b) Except as permitted by this chapter, a person commits an offense if the person possesses a dangerous drug for the purpose of selling the drug.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:

For details, see Texas Penal Code § 12.21

Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Health and Safety Code 483.041

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) Subsection (a) does not apply to the possession of a dangerous drug in the usual course of business or practice or in the performance of official duties by the following persons or an agent or employee of the person: (1) a pharmacy licensed by the board; (2) a practitioner; (3) a person who obtains a dangerous drug for lawful research, teaching, or testing, but not for resale; (4) a hospital that obtains a dangerous drug for lawful administration by a practitioner; (5) an officer or employee of the federal, state, or local government; (6) a manufacturer or wholesaler licensed by the Department of State Health Services under Chapter 431 (Texas Food, Drug, and Cosmetic Act); (7) a carrier or warehouseman; (8) a home and community support services agency licensed under and acting in accordance with Chapter 142; (9) a licensed midwife who obtains oxygen for administration to a mother or newborn or who obtains a dangerous drug for the administration of prophylaxis to a newborn for the prevention of ophthalmia neonatorum in accordance with § 203.353, Occupations Code; (10) a salvage broker or salvage operator licensed under Chapter 432; or (11) a certified laser hair removal professional under Subchapter M, Chapter 401, who possesses and uses a laser or pulsed light device approved by and registered with the Department of State Health Services and in compliance with department rules for the sole purpose of cosmetic nonablative hair removal. (d) An offense under this section is a Class A misdemeanor. (e) It is a defense to prosecution for an offense under Subsection (a) that the actor: (1) was the first person to request emergency medical assistance in response to the possible overdose of another person and: (A) made the request for medical assistance during an ongoing medical emergency; (B) remained on the scene until the medical assistance arrived; and (C) cooperated with medical assistance and law enforcement personnel; or (2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency. (f) The defense to prosecution provided by Subsection (e) is not available if: (1) at the time the request for emergency medical assistance was made: (A) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (B) the actor is committing another offense, other than an offense punishable under § 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under § 481.119(b), 481.125(a), or 485.031(a); (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 481 or 485; (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or § 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), or 485.031(c); or (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person. (g) The defense to prosecution provided by Subsection (e) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (e) is not available.

(a) A person commits an offense if the person delivers or offers to deliver a dangerous drug:
(1) unless:
(A) the dangerous drug is delivered or offered for delivery by a pharmacist under:
(i) a prescription issued by a practitioner described by § 483.001(12)(A) or (B);
(ii) a prescription signed by a registered nurse or physician assistant in accordance with Subchapter B, Chapter 157, Occupations Code; or
(iii) an original written prescription issued by a practitioner described by § 483.001(12)(C); and
(B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information:
(i) the name and address of the pharmacy from which the drug is delivered or offered for delivery;
(ii) the date the prescription for the drug is dispensed;
(iii) the number of the prescription as filed in the prescription files of the pharmacy from which the prescription is dispensed;
(iv) the name of the practitioner who prescribed the drug and, if applicable, the name of the registered nurse or physician assistant who signed the prescription;
(v) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; and
(vi) directions for the use of the drug as contained in the prescription; or
(2) unless:
(A) the dangerous drug is delivered or offered for delivery by:
(i) a practitioner in the course of practice; or
(ii) a registered nurse or physician assistant in the course of practice in accordance with Subchapter B, Chapter 157, Occupations Code; and
(B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information:
(i) the name and address of the practitioner who prescribed the drug, and if applicable, the name and address of the registered nurse or physician assistant;
(ii) the date the drug is delivered;
(iii) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; and
(iv) the name of the drug, the strength of the drug, and directions for the use of the drug.
(b) Subsection (a) does not apply to the delivery or offer for delivery of a dangerous drug to a person listed in § 483.041(c) for use in the usual course of business or practice or in the performance of official duties by the person.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:

For details, see Texas Penal Code § 12.35

Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Health and Safety Code 483.042

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
• Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
• Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) Proof of an offer to sell a dangerous drug must be corroborated by a person other than the offeree or by evidence other than a statement by the offeree. (d) An offense under this section is a state jail felony. (e) The labeling provisions of Subsection (a) do not apply to a dangerous drug prescribed or dispensed for administration to a patient who is institutionalized. The board shall adopt rules for the labeling of such a drug. (f) Provided all federal requirements are met, the labeling provisions of Subsection (a) do not apply to a dangerous drug prescribed or dispensed for administration to food production animals in an agricultural operation under a written medical directive or treatment guideline from a veterinarian licensed under Chapter 801, Occupations Code.

(a) A person commits an offense if the person manufactures a dangerous drug and the person is not authorized by law to manufacture the drug.
(b) An offense under this section is a state jail felony.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:

For details, see Texas Penal Code § 12.35

Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Health and Safety Code 483.043

• Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(a) A person commits an offense if the person: (1) forges a prescription or increases the prescribed quantity of a dangerous drug in a prescription; (2) issues a prescription bearing a forged or fictitious signature; (3) obtains or attempts to obtain a dangerous drug by using a forged, fictitious, or altered prescription; (4) obtains or attempts to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or (5) possesses a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call. (b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:

For details, see Texas Penal Code § 12.21 and Texas Penal Code § 12.22

Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Health and Safety Code 483.045

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
• Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a) A pharmacist commits an offense if the pharmacist: (1) delivers a dangerous drug under a prescription; and (2) fails to retain the prescription as required by § 483.023. (b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:

For details, see Texas Penal Code § 12.21 and Texas Penal Code § 12.22

Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Health and Safety Code 483.046

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a) Except as authorized by Subsections (b) and (b-1), a pharmacist commits an offense if the pharmacist refills a prescription unless: (1) the prescription contains an authorization by the practitioner for the refilling of the prescription, and the pharmacist refills the prescription in the manner provided by the authorization; or (2) at the time of refilling the prescription, the pharmacist is authorized to do so by the practitioner who issued the prescription. (b) A pharmacist may exercise his professional judgment in refilling a prescription for a dangerous drug without the authorization of the prescribing practitioner provided: (1) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering; (2) either: (A) a natural or manmade disaster has occurred which prohibits the pharmacist from being able to contact the practitioner; or (B) the pharmacist is unable to contact the practitioner after reasonable effort; (3) the quantity of drug dispensed does not exceed a 72-hour supply; (4) the pharmacist informs the patient or the patient’s agent at the time of dispensing that the refill is being provided without such authorization and that authorization of the practitioner is required for future refills; and (5) the pharmacist informs the practitioner of the emergency refill at the earliest reasonable time.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:

For details, see Texas Penal Code § 12.21 and Texas Penal Code § 12.22

Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Health and Safety Code 483.047

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b-1) Notwithstanding Subsection (b), in the event of a natural or manmade disaster, a pharmacist may dispense not more than a 30-day supply of a dangerous drug without the authorization of the prescribing practitioner if: (1) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering; (2) the natural or manmade disaster prohibits the pharmacist from being able to contact the practitioner; (3) the governor has declared a state of disaster under Chapter 418, Government Code; and (4) the board, through the executive director, has notified pharmacies in this state that pharmacists may dispense up to a 30-day supply of a dangerous drug. (b-2) The prescribing practitioner is not liable for an act or omission by a pharmacist in dispensing a dangerous drug under Subsection (b-1). (c) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted under this chapter, in which event the offense is a Class A misdemeanor.

(a) An agent of a practitioner commits an offense if the agent communicates by telephone a prescription unless the agent is designated in writing under § 483.022 as authorized by the practitioner to communicate prescriptions by telephone.
(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:

For details, see Texas Penal Code § 12.21 and Texas Penal Code § 12.22

Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Health and Safety Code 483.048

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a) A person commits an offense if the person is required to maintain a record under § 483.023 or 483.024 and the person fails to maintain the record in the manner required by those sections. (b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:

For details, see Texas Penal Code § 12.21 and Texas Penal Code § 12.22

Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Health and Safety Code 483.049

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.