Texas Health and Safety Code 484.004 – Affirmative Defense
Current as of: 2024 | Check for updates
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Terms Used In Texas Health and Safety Code 484.004
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
It is an affirmative defense to prosecution or liability under this chapter that:
(1) the abusable synthetic substance was approved for use, sale, or distribution by the United States Food and Drug Administration or other state or federal regulatory agency with authority to approve the substance’s use, sale, or distribution; and
(2) the abusable synthetic substance was lawfully produced, distributed, sold, or offered for sale by the person who is the subject of the criminal or civil action.