HEALTH & SAFETY CODE CHAPTER 482.

SIMULATED CONTROLLED SUBSTANCES

§ 482.001. DEFINITIONS. In this chapter:
(1) "Controlled substance" has the meaning assigned by
§ 481.002 (Texas Controlled Substances Act).
(2) "Deliver" means to transfer, actually or
constructively, from one person to another a simulated controlled
substance, regardless of whether there is an agency relationship.
The term includes offering to sell a simulated controlled
substance.
(3) "Manufacture" means to make a simulated controlled
substance and includes the preparation of the substance in dosage
form by mixing, compounding, encapsulating, tableting, or any other
process.
(4) "Simulated controlled substance" means a
substance that is purported to be a controlled substance, but is
chemically different from the controlled substance it is purported
to be.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.03, eff. Sept. 1, 1994.

§ 482.003. EVIDENTIARY RULES. (a) In determining
whether a person has represented a simulated controlled substance
to be a controlled substance in a manner that would lead a
reasonable person to believe the substance was a controlled
substance, a court may consider, in addition to all other logically
relevant factors, whether:
(1) the simulated controlled substance was packaged in
a manner normally used for the delivery of a controlled substance;
(2) the delivery or intended delivery included an
exchange of or demand for property as consideration for delivery of
the substance and the amount of the consideration was substantially
in excess of the reasonable value of the simulated controlled
substance; and
(3) the physical appearance of the finished product
containing the substance was substantially identical to a
controlled substance.
(b) Proof of an offer to sell a simulated controlled
substance must be corroborated by a person other than the offeree or
by evidence other than a statement of the offeree.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 482.004. SUMMARY FORFEITURE. A simulated controlled
substance seized as a result of an offense under this chapter is
subject to summary forfeiture and to destruction or disposition in
the same manner as is a controlled substance property under
Subchapter E, Chapter 481.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 141, § 3, eff. Sept. 1, 1991.

§ 482.005. PREPARATORY OFFENSES. Title 4, Penal Code,
applies to an offense under this chapter.

Added by Acts 1995, 74th Leg., ch. 318, § 39, eff. Sept. 1, 1995.

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