(three) Except if precisely excepted or Except if listed in One more Penalty Group, a cloth, compound, combination, or preparation that contains any amount of the subsequent substances getting a potential for abuse affiliated with a depressant or stimulant impact on the central nervous system:
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(one) barters home or expends money the individual is aware are derived from your Fee of a primary diploma felony offense less than this chapter punishable by imprisonment within the Texas Department of Legal Justice for all times;
(A) a natural or manmade catastrophe has happened which prohibits the pharmacist from with the ability to Speak to the practitioner; or
(A) helps within the transmission or receipt of wellness-similar info amongst organizations transmitting or getting the information In accordance with nationally acknowledged expectations and below an Categorical created settlement;
(four) dissemination from the board to the public in the form of the statistical tabulation or report if all information reasonably likely to expose the id of each and every affected individual, practitioner, or other person who can be a subject matter of the knowledge has actually been eradicated.
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(4) Anytime over the eighteen-month period of time preceding the date of your commission of the moment offense, the actor asked for emergency clinical help in reaction to the doable overdose of the actor or Yet another human being.
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(four) an officer or personnel of the state, A different condition, a political subdivision of the state or A further state, or The us that is lawfully engaged during the enforcement here of a legislation relating to a managed substance or drug or to the customs law and authorized to possess the controlled click here substance inside the discharge of the individual's Formal responsibilities;
(d) An offense below Subsection (a) can be a felony of the very first degree punishable by imprisonment while in the Texas Section of Legal Justice for all times or for any phrase of not much more than 99 years or fewer than 10 years, and a wonderful not to exceed $20,000, if the level of the managed substance to which the offense applies is, by aggregate fat, together click here with adulterants or dilutants, four grams or maybe more but under 200 grams.
(f) A chemical substance that is intended for laboratory, industrial, instructional, or special research needs and never for typical administration to a human being or other animal is exempted from Schedules I via V and the applying of the chapter to the exact same extent click here that the substance has long been exempted from the application on the Federal Managed Substances Act, When the substance is shown being an exempt chemical preparing below 21 C.F.R. Segment 1308.24 and its subsequent amendments.
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(e) The executive regulation judge shall make results of point and conclusions of law and promptly difficulty check here towards the director a proposal for a choice concerning the incidence of your violation and the amount of any proposed penalty.