{"data":{"id":"us-tx/tex.-health-and-safety-code-482.002","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 482.002","heading":"UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT TO DELIVER; CRIMINAL PENALTY.","body":"(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:\n(1) expressly represents the substance to be a controlled substance;\n(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\n(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.\n(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:\n(1) acting in the discharge of the person's official duties as a peace officer;\n(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\n(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.\n(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.\n(d) An offense under this section is a state jail felony.\nActs 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.","path":["HEALTH AND SAFETY CODE","TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES","SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES","CHAPTER 482. SIMULATED CONTROLLED SUBSTANCES"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.482.htm#482.002","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"f7e40314d8c6ceee33604654391a8599a158b8e78972a65fe30fe8f2e6246ee1","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-482.001","next":"us-tx/tex.-health-and-safety-code-482.003"},"notice":"GroundRules: Original legal text. Not legal advice."}