(6) any compound made up of a Main ingredient substituted at the one-posture to any extent, and substituted at the two-situation with a link part hooked up to a gaggle A component, if the core ingredient or team A part are even further substituted to any extent, together with:

(b) An offense below this portion is usually a condition jail felony, unless it can be proven on the trial of your offense which the defendant has become Beforehand convicted of the offense beneath this section or Part 481.137, during which function the offense can be a felony from the third diploma.

(b) Except for alterations in schedules needed by Subsection (g), the commissioner may well not make an alteration inside of a program Except if the commissioner holds a general public hearing on the matter in Austin and obtains acceptance from the executive commissioner.

(one) was the initial particular person to request unexpected emergency health-related guidance in reaction into the possible overdose of another individual and:

(4) at any time over the eighteen-thirty day period period of time previous the date on the Fee of the instant offense, the actor requested emergency clinical aid in reaction to your possible overdose from the actor or An additional particular person.

(h) The protection to prosecution provided by Subsection (file) will not preclude the admission of proof acquired by regulation enforcement resulting within the request for crisis clinical help if that proof pertains to an offense for which the protection described by Subsection click here (f) will not be offered.

(three) the gross body weight or liquid measure on the assets or plant is decided, possibly by basically weighing or measuring the residence or plant or by estimating its fat or measurement soon after generating dimensional measurements of the entire amount seized.

(A) by a practitioner being an here incident on the practitioner's administering or dispensing a controlled compound in the middle of Expert practice; or

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(A) a peace officer was in the whole process of arresting the actor or executing a search warrant describing the actor or perhaps the spot from which the request for medical aid was designed; or

(k) It is not a defense to legal responsibility beneath this section that here a synthetic material was in packaging labeled with "Not for Human Use" or other wording indicating the substance is not meant to be ingested.

(d) Apart from as laid out in Subsections (e) and (file), the board, by rule As well as in consultation with the Texas Medical Board, shall build the time period once the date on which the prescription is issued get more info that an individual might fill a prescription for a controlled material listed in Program II. An individual may well not refill a prescription to get a material mentioned in Timetable II.

(two) was the victim of a probable overdose for which emergency clinical help was requested, by the actor or by A further particular person, during an ongoing health care unexpected emergency.

(1) the compound has a possible for abuse a lot less than that with the substances stated in Schedules I and II;