Sec. 482.002.  UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT TO DELIVER;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person:
(1)  expressly represents the substance to be a controlled substance;
(2)  represents the substance to be a controlled substance in a manner that would lead a reasonable person to believe that the substance is a controlled substance;  or
(3)  states to the person receiving or intended to receive the simulated controlled substance that the person may successfully represent the substance to be a controlled substance to a third party.
(b)  It is a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance was:
(1)  acting in the discharge of the person's official duties as a peace officer;
(2)  manufacturing the substance for or delivering the substance to a licensed medical practitioner for use as a placebo in the course of the practitioner's research or practice;  or
(3)  a licensed medical practitioner, pharmacist, or other person authorized to dispense or administer a controlled substance, and the person was acting in the legitimate performance of the person's professional duties.
(c)  It is not a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance believed the substance to be a controlled substance.
(d)  An offense under this section is a state jail felony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.03, eff. Sept. 1, 1994.