Opium is the dried latex obtained from opium poppies that contains up to 12% morphine that also commonly produces heroin. The latex also includes codeine and non-narcotics. The latex is removed from the plant by scoring the immature seed pods causing latex to leak, which then dries into a brown sticky residue. The brown residue is scraped from the seed pods and ingested.
Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
The Texas Health and Safety Code includes Opium in the Penalty Group 1 for illegal controlled substances. This means that less than one gram is a state jail felony, punishable by between 180 days to 2 years in state jail and fines less than $10,000. 1 gram to 4 grams is a third degree felony, punishable by between 2-10 years in state prison with no more than $10,000 fines. Between 4-200 grams will bring a second degree felony, with 2-20 years in prison. More than that weight or amount will yield even higher punishments.
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