Texas Statutes
Subchapter D. Offenses and Penalties
Section 481.111. Exemptions

Sec. 481.111. EXEMPTIONS. (a) The provisions of this chapter relating to the possession and distribution of peyote do not apply to the use of peyote by a member of the Native American Church in bona fide religious ceremonies of the church or to a person who supplies the substance to the church. An exemption granted to a member of the Native American Church under this section does not apply to a member with less than 25 percent Indian blood.
(b) The provisions of this chapter relating to the possession of denatured sodium pentobarbital do not apply to possession by personnel of a humane society or an animal control agency for the purpose of destroying injured, sick, homeless, or unwanted animals if the humane society or animal control agency is registered with the Federal Drug Enforcement Administration. The provisions of this chapter relating to the distribution of denatured sodium pentobarbital do not apply to a person registered as required by Subchapter C, who is distributing the substance for that purpose to a humane society or an animal control agency registered with the Federal Drug Enforcement Administration.
(c) A person does not violate Section 481.113, 481.116, 481.1161, 481.121, or 481.125 if the person possesses or delivers tetrahydrocannabinols or their derivatives, or drug paraphernalia to be used to introduce tetrahydrocannabinols or their derivatives into the human body, for use in a federally approved therapeutic research program.
(d) The provisions of this chapter relating to the possession and distribution of anabolic steroids do not apply to the use of anabolic steroids that are administered to livestock or poultry.
(e) Sections 481.120, 481.121, 481.122, and 481.125 do not apply to a person who engages in the acquisition, possession, production, cultivation, delivery, or disposal of a raw material used in or by-product created by the production or cultivation of low-THC cannabis if the person:
(1) for an offense involving possession only of marihuana or drug paraphernalia, is a patient for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code, or the patient's legal guardian, and the person possesses low-THC cannabis obtained under a valid prescription from a dispensing organization; or
(2) is a director, manager, or employee of a dispensing organization and the person, solely in performing the person's regular duties at the organization, acquires, possesses, produces, cultivates, dispenses, or disposes of:
(A) in reasonable quantities, any low-THC cannabis or raw materials used in or by-products created by the production or cultivation of low-THC cannabis; or
(B) any drug paraphernalia used in the acquisition, possession, production, cultivation, delivery, or disposal of low-THC cannabis.
(f) For purposes of Subsection (e):
(1) "Dispensing organization" has the meaning assigned by Section 487.001.
(2) "Low-THC cannabis" has the meaning assigned by Section 169.001, Occupations Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(d), eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 170 (S.B. 331), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 3, eff. June 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.004, eff. September 1, 2019.

Structure Texas Statutes

Texas Statutes

Health and Safety Code

Title 6 - Food, Drugs, Alcohol, and Hazardous Substances

Subtitle C - Substance Abuse Regulation and Crimes

Chapter 481 - Texas Controlled Substances Act

Subchapter D. Offenses and Penalties

Section 481.101. Criminal Classification

Section 481.102. Penalty Group 1

Section 481.1021. Penalty Group 1-A

Section 481.1022. Penalty Group 1-B

Section 481.103. Penalty Group 2

Section 481.1031. Penalty Group 2-A

Section 481.104. Penalty Group 3

Section 481.105. Penalty Group 4

Section 481.106. Classification of Controlled Substance Analogue

Section 481.108. Preparatory Offenses

Section 481.111. Exemptions

Section 481.112. Offense: Manufacture or Delivery of Substance in Penalty Group 1

Section 481.1121. Offense: Manufacture or Delivery of Substance in Penalty Group 1-A

Section 481.1122. Manufacture of Substance in Penalty Group 1: Presence of Child

Section 481.1123. Offense: Manufacture or Delivery of Substance in Penalty Group 1-B

Section 481.113. Offense: Manufacture or Delivery of Substance in Penalty Group 2 or 2-A

Section 481.1131. Cause of Action for Sale or Provision of Synthetic Cannabinoid

Section 481.114. Offense: Manufacture or Delivery of Substance in Penalty Group 3 or 4

Section 481.115. Offense: Possession of Substance in Penalty Group 1 or 1-B

Section 481.1151. Offense: Possession of Substance in Penalty Group 1-A

Section 481.116. Offense: Possession of Substance in Penalty Group 2

Section 481.1161. Offense: Possession of Substance in Penalty Group 2-A

Section 481.117. Offense: Possession of Substance in Penalty Group 3

Section 481.118. Offense: Possession of Substance in Penalty Group 4

Section 481.119. Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances

Section 481.1191. Civil Liability for Engaging in or Aiding in Production, Distribution, Sale, or Provision of Synthetic Substances

Section 481.120. Offense: Delivery of Marihuana

Section 481.121. Offense: Possession of Marihuana

Section 481.122. Offense: Delivery of Controlled Substance or Marihuana to Child

Section 481.123. Defense to Prosecution for Offense Involving Controlled Substance Analogue

Section 481.124. Offense: Possession or Transport of Certain Chemicals With Intent to Manufacture Controlled Substance

Section 481.1245. Offense: Possession or Transport of Anhydrous Ammonia; Use of or Tampering With Equipment

Section 481.125. Offense: Possession or Delivery of Drug Paraphernalia

Section 481.126. Offense: Illegal Barter, Expenditure, or Investment

Section 481.127. Offense: Unauthorized Disclosure of Information

Section 481.128. Offense and Civil Penalty: Commercial Matters

Section 481.1285. Offense: Diversion of Controlled Substance by Registrants, Dispensers, and Certain Other Persons

Section 481.129. Offense: Fraud

Section 481.130. Penalties Under Other Law

Section 481.131. Offense: Diversion of Controlled Substance Property or Plant

Section 481.132. Multiple Prosecutions

Section 481.133. Offense: Falsification of Drug Test Results

Section 481.134. Drug-Free Zones

Section 481.135. Maps as Evidence of Location or Area

Section 481.136. Offense: Unlawful Transfer or Receipt of Chemical Precursor

Section 481.137. Offense: Transfer of Precursor Substance for Unlawful Manufacture

Section 481.138. Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus

Section 481.139. Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture

Section 481.140. Use of Child in Commission of Offense

Section 481.141. Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury