For the purposes of this article, “attempt to possess” shall be an offense, if with specific intent to commit the offense of possession of marijuana of the weight of two ounces or less, or with specific intent to commit the offense of possession of any of the compounds, mixtures or preparations named in this article, a person does an act, amounting to more than mere preparation, that tends but fails to effect the commission of the offense intended.
(1973 Code, sec. 19-65; 1991 Code, sec. 20-26; 2007 Code, sec. 28-39)
It shall be unlawful for any person to intentionally or knowingly attempt to possess a usable quantity of marijuana of the weight of two ounces or less.
(1973 Code, sec. 19-61; 1991 Code, sec. 20-27; 2007 Code, sec. 28-40)
It shall be unlawful for any person to intentionally or knowingly attempt to possess any compound, mixture or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) 
Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
(2) 
Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.
(3) 
Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.
(4) 
Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
(5) 
Not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams.
(1973 Code, sec. 19-62; 1991 Code, sec. 20-28; 2007 Code, sec. 28-41)
The provisions of sections 8.09.032 and 8.09.033 shall not be applicable to (i) the delivery of dangerous drugs to persons included in any of the classes hereinafter named, or to the agents or employees of such persons, for use in the usual course of their business or practice or in the performance of their official duties, as the case may be, or (ii) the possession of dangerous drugs by such persons or their agents or employees for such use:
(1) 
A pharmacy, drugstore, dispensary, apothecary shop or prescription laboratory, duly registered with the state board of pharmacy.
(2) 
A person licensed by the state medical board, state board of dental examiners, state board of podiatric medical examiners and state board of veterinary medical examiners to prescribe and administer dangerous drugs.
(3) 
Persons who procure dangerous drugs for the purpose of lawful research, teaching or testing, and not for resale.
(4) 
Hospitals which procure dangerous drugs for lawful administration by practitioners.
(5) 
Officers or employees of federal, state or local government.
(6) 
Manufacturers and wholesalers registered with the commissioner of health as required by V.T.C.A., Health and Safety Code section 481.061.
(7) 
Carriers and warehousemen.
(1973 Code, sec. 19-63; 1991 Code, sec. 20-29; 2007 Code, sec. 28-42)
It shall be no defense to prosecution for an attempt under this article that the offense attempted was actually committed.
(1973 Code, sec. 19-64; 1991 Code, sec. 20-30; 2007 Code, sec. 28-43)