Relating to the manufacture, sale, distribution, possession, and use of drugs not approved by the United States Food and Drug Administration and the false representation that a substance is a drug approved by the United States Food and Drug Administration; creating criminal offenses.
Impact
The introduction of SB1790 impacts current Texas laws by criminalizing the possession and use of unapproved drugs, categorizing such offenses as a Class A misdemeanor, while manufacturing or distributing these drugs can lead to state jail felonies. This marked shift emphasizes a stricter stance on drugs not approved for safety and efficacy, potentially leading to increased legal scrutiny for individuals and businesses in the pharmaceutical space. The bill permits prosecutions under both state and federal laws, highlighting the dual accountability in drug regulation.
Summary
SB1790 addresses the manufacture, sale, distribution, possession, and use of drugs that are not approved by the United States Food and Drug Administration (FDA). The bill specifically defines 'unapproved drugs' and establishes a legal framework under which individuals can be prosecuted for engaging in activities related to these substances. Key stipulations include penalties for manufacturing or distributing unapproved drugs, as well as for misrepresentation regarding whether a drug has been FDA-approved for human use. The law emphasizes the importance of drug safety and compliance with federal regulations, seeking to protect public health.
Contention
Discussion around SB1790 may raise concerns about its implications for pharmaceutical compounding and the potential effects on access to essential medications. There are worries that stringent regulations could hinder legitimate practices within pharmacies and medical facilities that rely on compounding drugs for patients when approved drugs are unavailable. Moreover, defining unapproved drugs could ignite debates regarding the balance between patient safety and the need for flexible, patient-centered medical solutions.
Identical
Relating to the manufacture, sale, distribution, possession, and use of drugs not approved by the United States Food and Drug Administration and the false representation that a substance is a drug approved by the United States Food and Drug Administration or intended for the prevention or treatment of diseases in humans; creating criminal offenses.
Relating to the scheduling of certain controlled substances in response to certain actions by the United States Food and Drug Administration with respect to those substances.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to state overdose prevention and control efforts and the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to repealing certain offenses and removing certain regulations relating to the cultivation, manufacture, delivery, and possession of marihuana and cannabis.