Section 481.035 - Findings(a) The commissioner shall place a substance in Schedule I if the commissioner finds that the substance:(1) has a high potential for abuse; and(2) has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.(b) The commissioner shall place a substance in Schedule II if the commissioner finds that: (1) the substance has a high potential for abuse;(2) the substance has currently accepted medical use in treatment in the United States; and(3) abuse of the substance may lead to severe psychological or physical dependence.(c) The commissioner shall place a substance in Schedule III if the commissioner finds that: (1) the substance has a potential for abuse less than that of the substances listed in Schedules I and II;(2) the substance has currently accepted medical use in treatment in the United States; and(3) abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.(d) The commissioner shall place a substance in Schedule IV if the commissioner finds that: (1) the substance has a lower potential for abuse than that of the substances listed in Schedule III;(2) the substance has currently accepted medical use in treatment in the United States; and(3) abuse of the substance may lead to a more limited physical or psychological dependence than that of the substances listed in Schedule III.(e) The commissioner shall place a substance in Schedule V if the commissioner finds that the substance:(1) has a lower potential for abuse than that of the substances listed in Schedule IV;(2) has currently accepted medical use in treatment in the United States; and(3) may lead to a more limited physical or psychological dependence liability than that of the substances listed in Schedule IV.Tex. Health and Safety Code § 481.035
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989. Renumbered from Health & Safety Code Sec. 481.039 and amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. 1/1/1998.