Texas Controlled Substances Act – Offense: Fraud


Texas Department of Criminal Justice

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Sec. 481.129.  OFFENSE: FRAUD. (a) A person commits an offense if the person knowingly:

(1)  distributes as a registrant or dispenser a controlled substance listed in Schedule I or II, unless the person distributes the controlled substance under an order form as required by Section 481.069;

(2)  uses in the course of manufacturing, prescribing, or distributing a controlled substance a registration number that is fictitious, revoked, suspended, or issued to another person;

(3)  issues a prescription bearing a forged or fictitious signature;

(4)  uses a prescription issued to another person to prescribe a Schedule II controlled substance;

(5)  possesses, obtains, or attempts to possess or obtain a controlled substance or an increased quantity of a controlled substance:

(A)  by misrepresentation, fraud, forgery, deception, or subterfuge;

(B)  through use of a fraudulent prescription form; or

(C)  through use of a fraudulent oral or telephonically communicated prescription; or

(6)  furnishes false or fraudulent material information in or omits material information from an application, report, record, or other document required to be kept or filed under this chapter.

(b)  A person commits an offense if the person knowingly or intentionally:

(1)  makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce an actual or simulated trademark, trade name, or other identifying mark, imprint, or device of another on a controlled substance or the container or label of a container for a controlled substance, so as to make the controlled substance a counterfeit substance; or

(2)  manufactures, delivers, or possesses with intent to deliver a counterfeit substance.

(c)  A person commits an offense if the person knowingly or intentionally:

(1)  delivers a prescription or a prescription form for other than a valid medical purpose in the course of professional practice; or

(2)  possesses a prescription for a controlled substance or a prescription form unless the prescription or prescription form is possessed:

(A)  during the manufacturing or distribution process;

(B)  by a practitioner, practitioner’s agent, or an institutional practitioner for a valid medical purpose during the course of professional practice;

(C)  by a pharmacist or agent of a pharmacy during the professional practice of pharmacy;

(D)  under a practitioner’s order made by the practitioner for a valid medical purpose in the course of professional practice; or

(E)  by an officer or investigator authorized to enforce this chapter within the scope of the officer’s or investigator’s official duties.

(d)  An offense under Subsection (a) is:

(1)  a felony of the second degree if the controlled substance that is the subject of the offense is listed in Schedule I or II;

(2)  a felony of the third degree if the controlled substance that is the subject of the offense is listed in Schedule III or IV; and

(3)  a Class A misdemeanor if the controlled substance that is the subject of the offense is listed in Schedule V.

(e)  An offense under Subsection (b) is a Class A misdemeanor.

(f)  An offense under Subsection (c)(1) is:

(1)  a felony of the second degree if the defendant delivers:

(A)  a prescription form; or

(B)  a prescription for a controlled substance listed in Schedule II; and

(2)  a felony of the third degree if the defendant delivers a prescription for a controlled substance listed in Schedule III, IV, or V.

(g)  An offense under Subsection (c)(2) is:

(1)  a state jail felony if the defendant possesses:

(A)  a prescription form; or

(B)  a prescription for a controlled substance listed in Schedule II or III; and

(2)  a Class B misdemeanor if the defendant possesses a prescription for a controlled substance listed in Schedule IV or V.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(p), eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 31, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 23, eff. Sept. 1, 2001.

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Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.

As a Texas Criminal Defense Attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects.  Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases.  Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.

Free Initial Consultation. 281-546-6428. Contact us today.

This is a local copy of a section of the Texas Controlled Substances Act.

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