Acts 2007, 80th Leg., R.S., Ch. 888, Sec. Sec. (a)prepare a code of practice relating to treasure; (2)The code must, in particular, set out the principles and practice to be followed by the Secretary of State. Amended by Acts 1997, 75th Leg., ch. Added by Acts 1997, 75th Leg., ch. 145, Sec. (5)the pharmacist informs the practitioner of the emergency refill at the earliest reasonable time. September 1, 2005. The primary aim of the Treasure Act 1996 is to ensure that important and significant finds are offered to museums for public benefit. This resource from the Department for Culture, Media and Sport provides a summary of the Treasure Act. RULES; REPORTS. Well send you a link to a feedback form. (b)Following receipt of a copy of an affidavit under Subsection (a)(2), the director may file with the court, before the sixth day after the date of receipt, a contest to the affidavit. 1188, Sec. (6)"Controlled substance analogue" means: (A)a substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, or 2; or. 481.125. (B)giving the court a supersedeas bond approved by the court that: (i)is for the amount of the penalty; and, (ii)is effective until all judicial review of the order is final; or. (l)This subsection applies to a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any chemical laboratory apparatus subject to Subsection (a) and to a permit holder, commercial purchaser, or other person who receives such an apparatus unless the person is the holder of only a permit issued under Section 481.081(b)(1). 251, Sec. Sept. 1, 1991. (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. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2001. 5(2), eff. The director shall submit the system design to the Texas State Board of Pharmacy and the Texas Medical Board for review and approval or comment a reasonable time before implementation of the system and shall comply with the comments of those agencies unless it is unreasonable to do so. 3, eff. 1099, Sec. MEDICAL PURPOSE REQUIRED BEFORE DISTRIBUTING OR DISPENSING SCHEDULE V CONTROLLED SUBSTANCE. This is the original version (as it was originally enacted). (46)"Substitution" means the dispensing of a drug or a brand of drug other than that which is ordered or prescribed. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana. 678, Sec. 21, eff. The department may impose an administrative penalty on a person who violates Section 481.061, 481.066, 481.067, 481.069, 481.074, 481.075, 481.077, 481.0771, 481.078, 481.080, or 481.081 or a rule or order adopted under any of those sections. 678, Sec. 7.7. 739, Sec. (C)an offense reasonably related to the registration sought; (3)has voluntarily surrendered or has had suspended, denied, or revoked a registration or application for registration to manufacture, distribute, analyze, or dispense controlled substances under the Federal Controlled Substances Act; (4)has had suspended, probated, or revoked a registration or a practitioner's license under the laws of this state or another state; (5)has intentionally or knowingly failed to establish and maintain effective security controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels as provided by federal regulations or laws, this chapter, or a rule adopted under this chapter; (6)has intentionally or knowingly failed to maintain records required to be kept by this chapter or a rule adopted under this chapter; (7)has refused to allow an inspection authorized by this chapter or a rule adopted under this chapter; (8)has intentionally or knowingly violated this chapter or a rule adopted under this chapter; or. 481.069. (n)A pharmacist may permit the delivery of a controlled substance to a person not known to the pharmacist, a pharmacist intern, or the authorized delivery person without first requiring the identification of the person to whom the controlled substance is delivered if the pharmacist determines that an emergency exists and that the controlled substance is needed for the immediate well-being of the patient for whom the controlled substance is prescribed. 1, eff. Sept. 1, 1991. PENALTY GROUP 2. (3)to receive a chemical precursor subject to Section 481.077(a) if the person, in receiving the chemical precursor, does not represent a business. 2, eff. (c)For the purposes of Subsection (b), bodybuilding, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid or human growth hormone listed in Schedule III by a person who is in good health is not a valid medical purpose. 481.129. SUBCHAPTER C. REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSATION OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, AND CHEMICAL LABORATORY APPARATUS. 1, eff. (1)include a brief summary of the alleged violation; (2)state the amount of the recommended penalty; and. 87, Sec. Clause (a) was substituted, for clause (a) by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. 535, Sec. 3, eff. (b)The Texas Board of Health shall supervise the distribution of the tetrahydrocannabinols and their derivatives to program participants. The last revision to the Code was made in 2008. (8)"Deliver" means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. (c)If a person who occupies or controls land or premises on which the plants are growing fails on the demand of a peace officer to produce an appropriate registration or proof that the person is the holder of the registration, the officer may seize and summarily forfeit the plants. CHEMICAL PRECURSOR RECORDS AND REPORTS. Nearly half of the 1071 treasure finds in 2020 were disclaimed (Treasure Act 1996 Annual Report 2022). (a)those who search for or find treasure; and. (ii)glassware, a plastic or metal container, tubing, a hose, or other item specially designed, assembled, or adapted for use in the manufacture, processing, analyzing, storing, or concealing of methamphetamine. 481.113. (c)To the extent Subsection (a)(4) conflicts with this subtitle or another law, the subtitle or other law prevails. OFFENSE: DELIVERY OF MARIHUANA. (2) The code must, in particular, set out the principles and practice to be followed by the Secretary of State (a) when considering to whom treasure should . 678, Sec. Can you add one? Amended by Acts 1989, 71st Leg., ch. (a) The Texas Board of Health may establish a controlled substance therapeutic research program for the supervised use of tetrahydrocannabinols for medical and research purposes to be conducted in accordance with this chapter. Mitigations were discounted on the grounds that they would prevent the objective of the policy from being achieved. 481.115. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. (e)If the recipient does not represent a business, the recipient shall present to the manufacturer, wholesaler, retailer, or other person a permit issued in the name of the recipient by the department under Section 481.078. Section 1308.24 and its subsequent amendments. (B)a place, including a factory, warehouse, other establishment, or conveyance, where a person registered under this chapter may lawfully hold, manufacture, distribute, dispense, administer, possess, or otherwise dispose of a controlled substance or other item governed by this chapter, including a chemical precursor and a chemical laboratory apparatus. September 1, 2011. (2)if the discrepancy, loss, or theft occurred during a shipment of the chemical precursor, include the name of the common carrier or person who transported the chemical precursor and the date that the chemical precursor was shipped. Sept. 1, 1989. 481.003. Penalty Group 1 consists of: (1)the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: Difenoxin not listed in Penalty Group 3 or 4; (2)the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (3)the following substances, however produced, except those narcotic drugs listed in another group: (A)Opium and opiate not listed in Penalty Group 3 or 4, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine derived butorphanol, nalmefene and its salts, naloxone and its salts, and naltrexone and its salts, but including: Codeine not listed in Penalty Group 3 or 4; Ethylmorphine not listed in Penalty Group 3 or 4; Hydrocodone not listed in Penalty Group 3; (B)a salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (A), other than the isoquinoline alkaloids of opium; (i)its salts, its optical, position, and geometric isomers, and the salts of those isomers; (ii)coca leaves and a salt, compound, derivative, or preparation of coca leaves; (iii)a salt, compound, derivative, or preparation of a salt, compound, or derivative that is chemically equivalent or identical to a substance described by Subparagraph (i) or (ii), other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and. (6)punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds. ADMINISTRATIVE PROCEDURE. (d)In this section, "child" means a person younger than 18 years of age. Different options to open legislation in order to view more content on screen at once. In addition it does not provide clear deadlines for the different elements of the treasure process. IMPOSITION OF PENALTY. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 21, eff. Sept. 1, 2001. 1, 5(1), eff. 678, Sec. Penalty Group 4 consists of: (1)a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that includes one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: not more than 200 milligrams of codeine per 100 milliliters or per 100 grams; not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams; not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams; not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and. (e)If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections. Well send you a link to a feedback form. the finder or any other person involved in the find; the occupier of the land at the time of the find; any person who had an interest in the land at that time, or has had such an interest at any time since then. Sec. (d)The Texas Board of Health may terminate the distribution of tetrahydrocannabinols and their derivatives to a research program as it determines necessary. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 745, Sec. Sec. The Treasure Act 1996 ('the Act') replaced the common law of treasure trove in England,Wales and Northern Ireland.This has been further supplemented by the Treasure (Designation) Order (see paragraphs 4-6). There is no, or no significant, impact on the public sector. 481.131 by Acts 1991, 72nd Leg., 1st C.S., ch. June 16, 1995; Acts 1997, 75th Leg., ch. 4, eff. Amended by Acts 1997, 75th Leg., ch. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. (a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person before the 31st day after the date that the judgment of the court becomes final. 678, Sec. As soon as reasonably practicable after each anniversary of the coming into force of this section, the Secretary of State shall lay before Parliament a report on the operation of this Act in the preceding year. 9, eff. (c)For purposes of this section, a substance is presumed to be anhydrous ammonia if the substance is in a container or receptacle that is: (1)designed and manufactured to lawfully hold or transport anhydrous ammonia; or.