Texas Health and Safety Code 481.1285 – Offense: Diversion of Controlled Substance by Registrants, Dispensers, and Certain Other Persons
Current as of: 2024 | Check for updates
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(a) This section applies only to a registrant, a dispenser, or a person who, pursuant to § 481.062(a)(1) or (2), is not required to register under this subchapter.
(b) A person commits an offense if the person knowingly:
(1) converts to the person’s own use or benefit a controlled substance to which the person has access by virtue of the person’s profession or employment; or
(2) diverts to the unlawful use or benefit of another person a controlled substance to which the person has access by virtue of the person’s profession or employment.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Health and Safety Code 481.1285
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) An offense under Subsection (b)(1) is a state jail felony. An offense under Subsection (b)(2) is a felony of the third degree.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.