Texas 2011 - 82nd Regular

Texas House Bill HB470

Filed
12/22/10  
Out of House Committee
4/7/11  
Introduced
12/22/10  
Voted on by House
4/20/11  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the addition of Salvia divinorum and its derivatives and extracts to Penalty Group 3 of the Texas Controlled Substances Act.

Impact

The inclusion of Salvia divinorum in Penalty Group 3 means that penalties associated with its possession, distribution, and manufacture will be consistent with other controlled substances classified in the same group. This will result in stricter legal consequences for individuals involved with Salvia divinorum, including potential fines and jail time depending on the amount in question. The Law enforcement agencies will also have clearer guidelines for addressing offenses related to Salvia divinorum, which could lead to increased scrutiny and enforcement against its use within Texas.

Summary

House Bill 470 aims to amend the Texas Controlled Substances Act by adding Salvia divinorum and its derivatives and extracts to Penalty Group 3. The intent of this legislation is to regulate the use of Salvia divinorum, a plant with psychoactive properties, thereby controlling its availability and addressing public health and safety concerns associated with its use. By incorporating this substance into existing drug classifications, the bill seeks to deter abuse and misuse, aligning with broader efforts to monitor and manage substances that may have potential for dependency.

Contention

Despite the bill's proponents arguing that it is necessary for public safety, there are potential contentions regarding the move. Critics may view the legislation as an overreach, infringing on personal freedoms by criminalizing another substance that is not universally recognized as harmful as other controlled substances. There may also be disparities in the application of drug laws, particularly if certain communities are disproportionately affected by enforcement actions related to this bill. Additionally, debates could arise about the effectiveness of such regulations and whether they truly address the issues surrounding substance abuse.

Companion Bills

No companion bills found.

Previously Filed As

TX HB124

Relating to the addition of Salvia divinorum and its derivatives and extracts to Penalty Group 3 of the Texas Controlled Substances Act.

Similar Bills

TX HB124

Relating to the addition of Salvia divinorum and its derivatives and extracts to Penalty Group 3 of the Texas Controlled Substances Act.

TX SB1645

Relating to the addition of certain substances to Penalty Group 3 of the Texas Controlled Substances Act; providing penalties.

IL HB0077

CONTROLLED SUB-XYLAZINE

IL HB3129

KRATOM-SCHEDULE III

TX HB2671

Relating to the placement of certain substances in Penalty Groups 1 and 3 of the Texas Controlled Substances Act and the prosecution of criminal offenses involving certain substances listed in Penalty Groups 1, 2, and 3 of that Act.

TX SB2176

Relating to the placement of certain substances in Penalty Groups 1 and 3 of the Texas Controlled Substances Act for the purposes of prosecution of criminal offenses involving those substances.

TX HB1011

Relating to the addition of certain synthetic derivatives of marihuana and Saliva divinorum and its derivatives and extracts to the Texas Controlled Substances Act.

MS SB2355

Kratom; add to Schedule III of the Uniform Controlled Substances Act.