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)