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Is alcohol a controlled substance?

Austin, TX |

In Texas for purposes of the penal code is alcohol a controlled substance? Is is a controlled substance under the national "schedule I through V"? Is it any schedule?

What is alcohol considered?

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Attorney answers 3


In Texas law, "Controlled Substance" is a term of art defined by various parts of the law, mainly the Health and Safety Code and the Penal Code. There are items that fall under other definitions, such as "Dangerous Drugs." Alcohol is one of those and is treated separately. It's not on any schedule that I know of, but it would be easy enough to double check by looking at the schedules in the HSC.

This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100



What is alcohol considered then?


Under the Statutes, alcohol is treated separate from CS listed in the Schedules.

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The answer is no. Alcohol is highly regulated, however. Look for regulation of the ethanol in the Alcoholic Beverage Code and the rules of the Texas Alcoholic Beverage Commission.