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(A) a correctly administered area examination of your compound using a testing gadget or instrument created and manufactured for that reason provides a positive result for anhydrous ammonia; or
(b) An offense less than this portion is often a condition jail felony, unless it truly is proven on the demo in the offense the defendant continues to be Earlier convicted of an offense under this segment or Portion 481.137, wherein celebration the offense is actually a felony of the third degree.
(i) The protection to prosecution supplied by Subsection (g) doesn't preclude the admission of evidence acquired by regulation enforcement resulting with the request for crisis clinical help if that evidence pertains to an offense for which the defense described by Subsection (g) will not be obtainable.
(e) A nonnarcotic prescription compound is exempted from Schedules I via V and the applying of this chapter to a similar extent the compound has long been exempted from the applying on the Federal Controlled Substances Act, In the event the substance is detailed being an exempt prescription item less than 21 C.F.R. Section 1308.32 and its subsequent amendments.
(four) at any time over the eighteen-thirty day period period preceding the day in the commission of the moment offense, the actor asked for emergency healthcare aid in reaction towards the probable overdose from the actor or another human being.
(e) If perform constituting an offense beneath this area also constitutes an offense underneath One more area of this code, the actor could possibly be prosecuted under possibly part or under both sections.
(one) converts to the person's own use or profit a controlled material to which the person has obtain by advantage of the person's occupation or work; or
(A) by a practitioner being an incident for the practitioner's administering or dispensing a managed material in the course of Experienced follow; or
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(1) possesses or transports anhydrous ammonia in the container or receptacle that isn't intended or 4f-mdmb k2 infused paper made to hold or transport anhydrous ammonia;
(one) hire a professional personal to perform qualitative and quantitative analyses of the property or plant before and after their use in an investigation;
(f) If a more info law enforcement agency employs a controlled material home or plant from the investigation of an offense less than this code and the property or plant has been transported throughout point out traces before the forfeiture, the company shall cooperate that has a federal company inside the investigation if requested to take action with the federal agency.
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(d) If a managed material plant is seized and forfeited below this part, a courtroom may purchase the disposition with the plant less than click here Section 481.