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13. Health and Safety Code – Controlled Substances Act (8 hrs.)

13. Health and Safety Code – Controlled Substances Act (8 hrs.). TCLEOSE LEARNING OBJECTIVES 07/29/04. Objectives. Unit Goal: 13.1. The student will have knowledge of the Texas laws pertaining to controlled substances and of the major categories of those substances.

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13. Health and Safety Code – Controlled Substances Act (8 hrs.)

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  1. 13. Health and Safety Code – Controlled Substances Act(8 hrs.) TCLEOSE LEARNING OBJECTIVES 07/29/04

  2. Objectives • Unit Goal: 13.1. The student will have knowledge of the Texas laws pertaining to controlled substances and of the major categories of those substances. • 13.1.1. Define the following terms contained in the Texas Controlled Substances Act, Health & Safety Code (HSC). • 13.1.2. Identify the six major categories of controlled substances. • 13.1.3. Identify penalty groups for manufacture, delivery, and possession of controlled substances. • 13.1.4. Identify the elements necessary to establish the offenses relating to the possession and delivery of controlled substances or simulated controlled substances. • Unit Goal: 13.2. To provide knowledge of the Texas laws pertaining to dangerous drugs, and abusable volatile chemicals. • 13.2.1. Define the following terms pertaining to dangerous drugs. • 13.2.2. Identify commonly abused drugs. • 13.2.3. Identify the methods of drug abuse. • 13.2.4. Identify the symptoms commonly associated with drug abuse. • 13.2.5. Identify the penalties for possession, delivery, and manufacture of dangerous drugs and for forging or altering a prescription. • 13.2.6. Discuss the use of uncorroborated testimony and its effect in drug cases. • 13.2.7. Identify the procedures to be followed in the seizure and destruction of dangerous drugs. • 13.2.8. Identify the following terms relating to abusable volatile chemicals. • 13.2.9. Identify and apply the elements of following violations related to Abusable Volatile Chemicals. • Unit Goal: 13.3. The student will know narcotic investigation techniques and procedures. • 13.3.1. Identify the procedures for qualifying and utilizing informants in conducting investigations related to controlled substance and dangerous drug violations. • 13.3.2. Identify and discuss the following methods for conducting surveillance of suspected drug violators. • 13.3.3. Identify the following equipment and its importance when conducting clandestine drug investigations. • 13.3.4. Identify the proper procedures and possible hazards associated with clandestine lab investigations. • 13.3.5. Identify the common places of concealment of controlled substances and dangerous drugs on or in persons, places, and things. • 13.3.6. Discuss the incidence of drug interdiction and identify common characteristics of drug smugglers and their vehicles. • 13.3.7. Discuss appropriate interview techniques and identify factors contributing to probable cause in drug investigation. • 13.3.8. Identify methods of identifying suspected controlled substances and dangerous drugs.

  3. Unit Goal: 13.1. The student will have knowledge of the Texas laws pertaining to Controlled Substances and of the major categories of those substances.

  4. 13.1.1. Define the following terms contained in the Texas Controlled Substances Act, Health & Safety Code (HSC).

  5. Definitions HSC 481.002 • administer • controlled substance • controlled substance analogue • counterfeit substance • deliver or offer to deliver • Dispense • distribute • Drug • drug paraphernalia • human consumption • immediate precursor • manufacture • marihuana narcotic drug • opiate • Possession • production

  6. 13.1.2. Identify the six major categories of controlled substances. • narcotics • depressants • stimulants • hallucinogens • marihuana • simulated controlled substances

  7. Instructor may present local concerns within each category of controlled substances, i.e., those most often found, areas in which abuse occurs. May have photos or displays.

  8. Present physical and psychological consequences of abuse of any substances within the six categories.

  9. 13.1.3. Identify penalty groups for manufacture, delivery, and possession of controlled substances.

  10. Offense: Manufacture or Delivery of Substance in: • Penalty Group 1 HSC 481.112 • Penalty Group 1A HSC 481.1121 • Penalty Group 2 HSC 481.113 • Penalty Groups 3 and 4 HSC 481.114

  11. Offense: Possession of Substance in: • Penalty Group 1 HSC 481.115 • Penalty Group 1A HSC 481.1151 • Penalty Group 2 HSC 481.116 • Penalty Group 3 HSC 481.117 • Penalty Group 4 HSC 481.118

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

  13. Offense: • Delivery of Marihuana HSC 481.120 • Possession of Marihuana HSC 481.121 • Delivery of Controlled Substance or Marihuana to Minor HSC 481.122 • Delivery, Manufacture, or Possession of a Controlled Substance Analogue HSC 481.123 • Possession or transport of certain chemicals with intent to manufacture controlled substance HSC 481.124 • Possession or Delivery of Drug Paraphernalia HSC 481.125

  14. Illegal Expenditure or Investment HSC 481.126 • Unauthorized Disclosure of Information HSC 481.127 • Civil Penalty HSC 481.128 • Fraud [Note: prescription drugs] HSC 481.129 • Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty HSC 482. 002

  15. 13.1.4. Identify the elements necessary to establish the offenses relating to the possession and delivery of controlled substances or simulated controlled substances.

  16. Evidentiary Rules Relating to Offer of Delivery HSC 481.182 • Evidentiary Rules Relating to Delivery of Drug Paraphernalia HSC 481.183 • Burden of Proof; Liabilities HSC 481.184 • Evidentiary Rules (Simulated Controlled Subs.) HSC 482.003

  17. Define and make the distinction between actual and constructive delivery.

  18. Define a controlled substance and conduct a field test of same for tentative identification.

  19. Preparatory Offenses • HSC 481.108 • HSC 482.005 • HSC 483.053 • HSC 484.008

  20. Unit Goal: 13.2. To provide knowledge of the Texas laws pertaining to dangerous drugs, and abusable volatile chemicals.

  21. 13.2.1. Define the following terms pertaining to dangerous drugs.

  22. Definitions: HSC 483.001 •  dangerous drugs • deliver • prescription • manufacturer

  23. 13.2.2. Identify commonly abused drugs: dangerous drugs, deliver, prescription and manufacturer.

  24. Note: Instructor may want to discuss drugs commonly abused in their jurisdiction.

  25. 13.2.3. Identify the methods of drug abuse.

  26.  Methods: • injection • inhalation • ingestion

  27. 13.2.4. Identify the symptoms commonly associated with drug abuse.

  28. Note: Instructor should discuss symptoms based on items discussed in 13.2.2.

  29. 13.2.5. Identify the penalties for possession, delivery, and manufacture of dangerous drugs and for forging or altering a prescription.

  30. Violations and Penalties: • Possession of Dangerous Drug HSC 483.041 • Delivery or Offer of Delivery of Dangerous Drug HSC 483.042 • Manufacture of Dangerous Drug HSC 483.043 • Forging or Altering Prescription HSC 483.045

  31. 13.2.6. Discuss the use of uncorroborated testimony and its effect in drug cases. • Uncorroborated Testimony HSC 483.072 • Testimony of undercover peace officer or special investigator PC 38.141

  32. 13.2.7. Identify the procedures to be followed in the seizure and destruction of dangerous drugs. • Seizure and Destruction HSC 483.074

  33. 13.2.8. Identify the following terms relating to Abusable Volatile Chemicals.

  34. Definitions: • Abusable volatile chemical HSC 485.001(1) • Aerosol paint HSC 485.001(2) • Inhalant paraphernalia HSC 485.001(8)

  35. 13.2.9. Identify and apply the elements of following violations related to Abusable Volatile Chemicals.

  36. Permit Required HSC 485.011

  37. Permit available for inspection HSC 485.014

  38. Signs HSC 485.017

  39. Restriction of access to aerosol paint HSC 485.019

  40. Possession and Use HSC 485.031

  41. Delivery to a Minor HSC 485.032

  42. Inhalant Paraphernalia HSC 485.033

  43. Failure to post sign HSC 485.034

  44. Sale without permit HSC 485.035

  45. Proof of Offer to Sell HSC 485.036

  46. Summary Forfeiture HSC 485. 037

  47. Preparatory offenses HSC 485.038

  48. Unit Goal: 13.3. The student will know narcotic investigation techniques and procedures.

  49. 13.3.1. Identify the procedures for qualifying and utilizing informants in conducting investigations related to controlled substance and dangerous drug violations.

  50. Informants: • Interview prospective informants • Consult with affected officials • Establish informants in administrating reports to include an administrative code number • Provide for method of payments and documentation

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