What must a person do to be charged under HSC 482.002 when handling a simulated controlled substance?

To be charged under Health and Safety Code section 482.002 regarding handling a simulated controlled substance, a person must knowingly manufacture it. This statute targets those who create substances that are designed to mimic the effects of controlled substances, highlighting the importance of intent in the actions taken.

The law emphasizes the distinction between those who are aware of the illicit nature of their actions versus those who might engage with substances without the requisite knowledge or intent to manufacture. Knowing manufacture reflects an understanding and intention to produce a product that simulates a controlled substance, which poses risks to public health and safety.

In contrast, other scenarios such as representing the substance as legal, accidentally distributing it, or using it for clinical trials do not meet the threshold of unlawful intent that would warrant charges under this specific section. These actions either lack the conscious intention to mislead or create illegal substances or occur in contexts that may have legitimate purposes such as research, and hence do not align with the requirements for prosecution under HSC 482.002.