Legal Question in Criminal Law in Texas

There could be. Texas Health & Safety Code makes it a crime to sell a simulated controlled substance which is defined as follows: (4) "Simulated controlled substance" means a substance that is purported to be a controlled substance, but is chemically different from the controlled substance it is purported to be.

A person can be arrested for selling a fake controlled substance. The Texas penal code calls this a "simulated controlled substance." It is defined as "a substance that is purported to be a controlled substance, but is chemically different from the controlled substance it is purported to be." This offense is a state jail felony. A state jail felony carries a possible penalty range of 6 months to 2 years in a state jail facility and/or a fine not to exceed $10,000. The jail time is day for day and there is no good time credit. However, the sentence can be probated or deferred for eligible candidates.