Texas statute
Tex. Health & Safety Code § 481.123 — Defense to prosecution for offense involving controlled substance analogue
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 481: TEXAS CONTROLLED SUBSTANCES ACT, Texas Health and Safety Code.
Full text of Tex. Health & Safety Code § 481.123
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) It is an affirmative defense to the prosecution of an offense under this subchapter involving the manufacture, delivery, or possession of a controlled substance analogue that the analogue: (1) was a substance for which there is an approved new drug application under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355); or (2) was a substance for which an exemption for investigational use has been granted under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355), if the actor's conduct with respect to the substance is in accord with the exemption. (b) For the purposes of this section, Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355) applies to the introduction or delivery for introduction of any new drug into intrastate, interstate, or foreign commerce.
Official sources
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