13' Health and Safety Code Controlled Substances Act 8 hrs'

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.

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

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 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

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• 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

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 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

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 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. 
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Note Instructor may want to discuss drugs
commonly abused in their jurisdiction. 
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13.2.3. Identify the methods of drug abuse.
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 Methods

• injection
• inhalation
• ingestion

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 13.2.4. Identify the symptoms commonly
associated with drug abuse.
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 Note Instructor should discuss symptoms based
on items discussed in 13.2.2.
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 13.2.5. Identify the penalties for
possession, delivery, and manufacture of
dangerous drugs and for forging or altering a
prescription.
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 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

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 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.
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 Definitions

• Abusable volatile chemical HSC 485.001(1)
• Aerosol paint HSC 485.001(2)
• Inhalant paraphernalia HSC 485.001(8)

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 13.2.9. Identify and apply the elements of
following violations related to Abusable Volatile
Chemicals.
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 Permit Required HSC 485.011
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Permit available for inspection HSC 485.014
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Signs HSC 485.017
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Restriction of access to aerosol paint HSC
485.019
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 Possession and Use HSC 485.031
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Delivery to a Minor HSC 485.032
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Inhalant Paraphernalia HSC 485.033
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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

51
 13.3.2. Identify and discuss the following
methods for conducting surveillance of suspected
drug violators.
52
 Surveillance

• Explain moving surveillance of a vehicle and/or
  person.
• Explain a stationary surveillance of a person
  place or thing. 

53
13.3.3. Identify the following equipment and its
importance when conducting clandestine drug
investigations.
54
 

• Identify TIVEC disposable clothing.
• Identify industrial grade rubber gloves.
• Identify a self-contained breathing apparatus.

55
 13.3.4. Identify the proper procedures and
possible hazards associated with clandestine lab
investigations.
56
 

• Identify hazards associated with clandestine lab
  investigations to include bombs and booby traps.
• Identify correct methods of collecting evidence.
• Identify disposal companies who are equipped to
  properly dispose of excess chemicals.

57
 13.3.5. Identify the common places of
concealment of controlled substances and
dangerous drugs on or in persons, places, and
things.
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 On the person

• clothing
• body cavities
• belts
• shoes
• hair
• under arms
• taped to body

59
 In places

• furniture
• toilet tanks
• clothes closets
• refrigerator/freezer
• cabinets
• under sinks and drains
• waste baskets
• food canisters

60
In vehicles

• glove box
• under dash
• under carpet
• gas tanks
• hub caps
• headliner
• A/C duct
• trunk
• consoles
• door panels
• spare tire
• engine compartment
• ash tray

61
13.3.6. Discuss the incidence of drug
interdiction and identify common characteristics
of drug smugglers and their vehicles.
62
 Drug interdiction incident to routine patrol by
being observant.

• Keep eyes and ears open
• Ask questions 

63
Typical characteristics of drug smugglers.

• extended travel without luggage
• luggage carried on back seat
• appears nervous upon contact with officer

64
 Vehicles used as load cars for narcotics

• reliable vehicle with large capacity
• false compartments in interior or exterior
• vehicle trim on the side of a pickup (for
  example) does not line up due to the lowering or
  raising the cab to accommodate false compartments
• lug nuts or vehicle body screws and bolts appear
  to have been tampered with
• vehicle not registered to driver
• driver does not know who the vehicle belongs to

65
 Areas of Texas as high intensity drug areas

• Houston and adjoining coast line
• Corpus Christi and adjoining coast line
• Brownsville, coast line
• The lower Rio Grande Valley

66
 Drug smuggling groups operating in Texas.

• Cali Cartel
• Medelin Cartel
• Other organized groups

67
 Rural areas in Texas are conducive to drug
smuggling

• small airports
• clandestine airports on private property
• the use of farm-to-market
• highways as landing strips.

68
 Areas of Texas which lend themselves to drug
smugglers due to geographic relation to Mexico

• Rio Grande Valley
• Laredo Area
• Eagle Pass
• Del Rio
• Presidio
• Alpine
• El Paso

69
 13.3.7. Discuss appropriate interview
techniques and identify factors contributing to
probable cause in drug investigation.
70
 Interview techniques -

• Separate suspects and compare answers.
• Establish identity of driver and or passenger.
• Inquire as to origin destination and purpose of
  trip.
• Ask for registration and insurance.
• Inquire about the ownership of vehicle.

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 Factors contributing to probable cause -

• Nervousness of suspect
• Lack of identification
• Lack of registration and/or insurance
• Appearance of vehicle
• Stories given by suspects does not match
• Pungent order of certain controlled substances
  emanating from the vehicle
• Driver states he does not have a key to trunk
• Vehicle appears to be heavily laden 

72
Note Undercover officers may exhibit similar
characteristics, i.e. lack of identification,
association with known offenders, fictitious
registration on vehicles, avoiding problem of
public recognition. Proceed with caution to
allow undercover officers to continue their cover.
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Consent

• Consent must be voluntary
• Person giving consent must have authority to do
  so
• Consent should be written, although oral consent
  is admissible
• Consent once given may be withdrawn

74
 13.3.8. Identify methods of identifying
suspected controlled substances and dangerous
drugs.
75
 Physicians Desk Reference

• product information
• manufacturers names
• identification by trade name
• generic name identification
• the pictorial replica section

76
 Field tests which will make a tentative
identification of C/S

• Scots Re-agent
• Marquis Re-agent
• Wintergreen Test

77
 Agencies as labs which conduct analyses of
suspected C/S

• The Texas Dept. of Public Safety
• The FBI Laboratory
• The Local Medical Examiners office
• check for possible local agency labs 

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"Being defeated is often a temporary condition.
Giving up is what makes it permanent."-- Marilyn
vos Savant
79
HEALTH AND SAFETY CODE - CONTROLLED SUBSTANCES
ACT LEARNING OBJECTIVE All INSTRUCTIONAL
STRATEGY Lecture and demonstrations PURPOSE
Have students demonstrate knowledge of drugs,
drug abuse and techniques for handling drug
related issues. ACTIVITY 1. Handouts prepared
by instructor a. list of terms/definitions b. dr
ugs/controlled substances symptoms, methods of
abuse, unlawful acts, penalties c. Texas Health
and Safety Code, "Texas Drug Laws"
books d. Clandestine labs (hazards) e. Interdict
ion f. Interview techniques g. Probable
cause h. Undercover operations i. Consent to
search 2. Demonstrations (simulate marihuana and
other drugs)
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HEALTH AND SAFETY CODE - CONTROLLED SUBSTANCES
ACT - INVESTIGATION LEARNING OBJECTIVE
All INSTRUCTIONAL STRATEGIES Video, discussion,
lecture ACTIVITIES Video/films DPS -
clandestine labs, drug interdiction, class
discussion 2. Lectures (20 minutes
each) a. undercover operations officers
cover b. probable cause c. investigative
techniques d. demographics, Texas special drug
problems - smuggling, clandestine labs/
airfields e. drug cartels, organized crime,
gangs, posses f. surveillance techniques