Section 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.Tex. Health and Safety Code § 482.002
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.03, eff. 9/1/1994. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.