82R1718 JSC-D
By: Anderson of McLennan, Martinez, H.B. No. 470
Schwertner, Shelton, Zerwas, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the addition of Salvia divinorum and its derivatives
and extracts to Penalty Group 3 of the Texas Controlled Substances
Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.104(a), Health and Safety Code, is
amended to read as follows:
(a) Penalty Group 3 consists of:
(1) a material, compound, mixture, or preparation that
contains any quantity of the following substances having a
potential for abuse associated with a stimulant effect on the
central nervous system:
Methylphenidate and its salts; and
Phenmetrazine and its salts;
(2) a material, compound, mixture, or preparation that
contains any quantity of the following substances having a
potential for abuse associated with a depressant effect on the
central nervous system:
a substance that contains any quantity of a
derivative of barbituric acid, or any salt of a derivative of
barbituric acid not otherwise described by this subsection;
a compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital, or any salt of any of
these, and one or more active medicinal ingredients that are not
listed in any penalty group;
a suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs, and
approved by the United States Food and Drug Administration for
marketing only as a suppository;
Alprazolam;
Amobarbital;
Bromazepam;
Camazepam;
Chlordiazepoxide;
Chlorhexadol;
Clobazam;
Clonazepam;
Clorazepate;
Clotiazepam;
Cloxazolam;
Delorazepam;
Diazepam;
Estazolam;
Ethyl loflazepate;
Fludiazepam;
Flurazepam;
Glutethimide;
Halazepam;
Haloxzolam;
Ketazolam;
Loprazolam;
Lorazepam;
Lormetazepam;
Lysergic acid, including its salts, isomers, and
salts of isomers;
Lysergic acid amide, including its salts,
isomers, and salts of isomers;
Mebutamate;
Medazepam;
Methyprylon;
Midazolam;
Nimetazepam;
Nitrazepam;
Nordiazepam;
Oxazepam;
Oxazolam;
Pentazocine, its salts, derivatives, or compounds
or mixtures thereof;
Pentobarbital;
Pinazepam;
Prazepam;
Quazepam;
Secobarbital;
Sulfondiethylmethane;
Sulfonethylmethane;
Sulfonmethane;
Temazepam;
Tetrazepam;
Tiletamine and zolazepam in combination, and its
salts. (some trade or other names for a tiletamine-zolazepam
combination product: Telazol, for tiletamine: 2-(ethylamino)-
2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2-
fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4-
e](1,4)-d diazepin-7(1H)-one, flupyrazapon);
Triazolam;
Zaleplon;
Zolpidem; and
Zopiclone;
(3) Nalorphine;
(4) a material, compound, mixture, or preparation
containing limited quantities of the following narcotic drugs, or
any of their salts:
not more than 1.8 grams of codeine, or any of its
salts, per 100 milliliters or not more than 90 milligrams per dosage
unit, with an equal or greater quantity of an isoquinoline alkaloid
of opium;
not more than 1.8 grams of codeine, or any of its
salts, per 100 milliliters or not more than 90 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
not more than 300 milligrams of dihydrocodeinone
(hydrocodone), or any of its salts, per 100 milliliters or not more
than 15 milligrams per dosage unit, with a fourfold or greater
quantity of an isoquinoline alkaloid of opium;
not more than 300 milligrams of dihydrocodeinone
(hydrocodone), or any of its salts, per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
not more than 1.8 grams of dihydrocodeine, or any
of its salts, per 100 milliliters or not more than 90 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
not more than 300 milligrams of ethylmorphine, or
any of its salts, per 100 milliliters or not more than 15 milligrams
per dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts;
not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
not more than 50 milligrams of morphine, or any of
its salts, per 100 milliliters or per 100 grams with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
and
not more than 1 milligram of difenoxin and not
less than 25 micrograms of atropine sulfate per dosage unit;
(5) a material, compound, mixture, or preparation that
contains any quantity of the following substances:
Barbital;
Chloral betaine;
Chloral hydrate;
Ethchlorvynol;
Ethinamate;
Meprobamate;
Methohexital;
Methylphenobarbital (Mephobarbital);
Paraldehyde;
Petrichloral; and
Phenobarbital;
(6) Peyote, unless unharvested and growing in its
natural state, meaning all parts of the plant classified
botanically as Lophophora, whether growing or not, the seeds of the
plant, an extract from a part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds, or extracts;
(7) unless listed in another penalty group, a
material, compound, mixture, or preparation that contains any
quantity of the following substances having a stimulant effect on
the central nervous system, including the substance's salts,
optical, position, or geometric isomers, and salts of the
substance's isomers, if the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical
designation:
Benzphetamine;
Cathine [(+)-norpseudoephedrine];
Chlorphentermine;
Clortermine;
Diethylpropion;
Fencamfamin;
Fenfluramine;
Fenproporex;
Mazindol;
Mefenorex;
Modafinil;
Pemoline (including organometallic complexes and
their chelates);
Phendimetrazine;
Phentermine;
Pipradrol;
Sibutramine; and
SPA [(-)-1-dimethylamino-1,2-diphenylethane];
(8) unless specifically excepted or unless listed in
another penalty group, a material, compound, mixture, or
preparation that contains any quantity of the following substance,
including its salts:
Dextropropoxyphene (Alpha-(+)-4-dimethylamino-
1,2-diphenyl-3-methyl-2-propionoxybutane); [and]
(9) an anabolic steroid, including any drug or
hormonal substance, or any substance that is chemically or
pharmacologically related to testosterone, other than an estrogen,
progestin, dehydroepiandrosterone, or corticosteroid, and promotes
muscle growth, including the following drugs and substances and any
salt, ester, or ether of the following drugs and substances:
Androstanediol;
Androstanedione;
Androstenediol;
Androstenedione;
Bolasterone;
Boldenone;
Calusterone;
Clostebol;
Dehydrochlormethyltestosterone;
Delta-1-dihydrotestosterone;
Dihydrotestosterone (4-dihydrotestosterone);
Drostanolone;
Ethylestrenol;
Fluoxymesterone;
Formebulone;
Furazabol;
13beta-ethyl-17beta-hydroxygon-4-en-3-one;
4-hydroxytestosterone;
4-hydroxy-19-nortestosterone;
Mestanolone;
Mesterolone;
Methandienone;
Methandriol;
Methenolone;
17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha-
androstane;
17alpha-methyl-3alpha, 17 beta-dihydroxy-5alpha-
androstane;
17alpha-methyl-3beta, 17beta-dihydroxyandrost-4-
ene;
17alpha-methyl-4-hydroxynandrolone;
Methyldienolone;
Methyltestosterone;
Methyltrienolone;
17alpha-methyl-delta-1-dihydrotestosterone;
Mibolerone;
Nandrolone;
Norandrostenediol;
Norandrostenedione;
Norbolethone;
Norclostebol;
Norethandrolone;
Normethandrolone;
Oxandrolone;
Oxymesterone;
Oxymetholone;
Stanozolol;
Stenbolone;
Testolactone;
Testosterone;
Tetrahydrogestrinone; and
Trenbolone; and
(10) Salvia divinorum, unless unharvested and growing
in its natural state, meaning all parts of that plant, whether
growing or not, the seeds of that plant, an extract from a part of
that plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of that plant, its seeds, or extracts,
including Salvinorin A.
SECTION 2. This Act takes effect September 1, 2011.