By: Shapiro, et al. S.B. No. 331
(Madden, Gallego, Bonnen, Coleman, Rodriguez, et al.)
A BILL TO BE ENTITLED
AN ACT
relating to designating certain synthetic cannabinoids as
controlled substances under the Texas Controlled Substances Act;
providing penalties and establishing certain criminal consequences
or procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 481, Health and Safety
Code, is amended by adding Section 481.1031 to read as follows:
Sec. 481.1031. PENALTY GROUP 2-A. Penalty Group 2-A
consists of any quantity of a synthetic chemical compound that is a
cannabinoid receptor agonist and mimics the pharmacological effect
of naturally occurring cannabinoids, including:
naphthoylindoles structurally derived from
3-(1-naphthoyl)indole by substitution at the nitrogen atom of the
indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
or 2-(4-morpholinyl)ethyl, whether or not further substituted in
the indole ring to any extent, whether or not substituted in the
napthyl ring to any extent, including:
AM-2201;
JWH-004;
JWH-007;
JWH-009;
JWH-015;
JWH-016;
JWH-018;
JWH-019;
JWH-020;
JWH-046;
JWH-047;
JWH-048;
JWH-049;
JWH-050;
JWH-073;
JWH-076;
JWH-079;
JWH-080;
JWH-081;
JWH-082;
JWH-083;
JWH-093;
JWH-094;
JWH-095;
JWH-096;
JWH-097;
JWH-098;
JWH-099;
JWH-100;
JWH-116;
JWH-122;
JWH-148;
JWH-149;
JWH-153;
JWH-159;
JWH-164;
JWH-165;
JWH-166;
JWH-180;
JWH-181;
JWH-182;
JWH-189;
JWH-193;
JWH-198;
JWH-200;
JWH-210;
JWH-211;
JWH-212;
JWH-213;
JWH-234;
JWH-235;
JWH-239;
JWH-240;
JWH-241;
JWH-242;
JWH-258;
JWH-259;
JWH-260;
JWH-262;
JWH-267;
JWH-386;
JWH-387;
JWH-394;
JWH-395;
JWH-397;
JWH-398;
JWH-399;
JWH-400;
JWH-412;
JWH-413; and
JWH-414;
naphthylmethylindones structurally derived from
1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen
atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further
substituted in the indole ring to any extent, whether or not
substituted in the naphthyl ring to any extent, including:
JWH-175;
JWH-184;
JWH-185;
JWH-192;
JWH-194;
JWH-195;
JWH-196;
JWH-197; and
JWH-199;
naphthoylpyrroles structurally derived from
3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the
pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
or 2-(4-morpholinyl)ethyl, whether or not further substituted in
the pyrrole ring to any extent, whether or not substituted in the
naphthyl ring to any extent, including:
JWH-030;
JWH-145;
JWH-146;
JWH-147;
JWH-150;
JWH-156;
JWH-243;
JWH-244;
JWH-245;
JWH-246;
JWH-292;
JWH-293;
JWH-307;
JWH-308;
JWH-309;
JWH-346;
JWH-347;
JWH-348;
JWH-363;
JWH-364;
JWH-365;
JWH-366;
JWH-367;
JWH-368;
JWH-369;
JWH-370;
JWH-371;
JWH-372;
JWH-373; and
JWH-392;
naphthylmethylindenes structurally derived from
1-(1-naphthylmethyl)indene by substitution at the 3-position of
the indene ring by alkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further
substituted in the indene ring to any extent, whether or not
substituted in the naphthyl ring to any extent, including:
JWH-171;
JWH-172;
JWH-173; and
JWH-176;
phenylacetylindoles structurally derived from
3-phenylacetylindole by substitution at the nitrogen atom of the
indole ring with alkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further
substituted in the indole ring to any extent, whether or not
substituted in the phenyl ring to any extent, including:
AM-694;
AM-1241;
JWH-167;
JWH-203;
JWH-204;
JWH-205;
JWH-206;
JWH-208;
JWH-237;
JWH-248;
JWH-249;
JWH-250;
JWH-251;
JWH-252;
JWH-253;
JWH-302;
JWH-303;
JWH-305;
JWH-306;
JWH-311;
JWH-312;
JWH-313;
JWH-314; and
JWH-315;
cyclohexylphenols structurally derived from
2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of
the phenolic ring by alkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not
substituted in the cyclohexyl ring to any extent, including:
CP-55,940;
CP-47,497;
analogues of CP-47,497, including VII, V, VIII, I,
II, III, IV, IX, X, XI, XII, XIII, XV, and XVI;
JWH-337;
JWH-344;
JWH-345; and
JWH-405; and
cannabinol derivatives, except where contained in
marihuana, including tetrahydro derivatives of cannabinol and
3-alkyl homologues of cannabinol or of its tetrahydro derivatives,
such as:
Nabilone;
HU-210;
HU-211; and
WIN-55,212-2.
SECTION 2. Subsection (c), Section 481.111, Health and
Safety Code, is amended to read as follows:
(c) A person does not violate Section 481.113, 481.116,
481.1161, 481.121, or 481.125 if the person possesses or delivers
tetrahydrocannabinols or their derivatives, or drug paraphernalia
to be used to introduce tetrahydrocannabinols or their derivatives
into the human body, for use in a federally approved therapeutic
research program.
SECTION 3. The heading to Section 481.113, Health and
Safety Code, is amended to read as follows:
Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF
SUBSTANCE IN PENALTY GROUP 2 OR 2-A.
SECTION 4. Subsection (a), Section 481.113, Health and
Safety Code, is amended to read as follows:
(a) Except as authorized by this chapter, a person commits
an offense if the person knowingly manufactures, delivers, or
possesses with intent to deliver a controlled substance listed in
Penalty Group 2 or 2-A.
SECTION 5. Subchapter D, Chapter 481, Health and Safety
Code, is amended by adding Section 481.1161 to read as follows:
Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
GROUP 2-A. (a) Except as authorized by this chapter, a person
commits an offense if the person knowingly possesses a controlled
substance listed in Penalty Group 2-A, unless the person obtained
the substance directly from or under a valid prescription or order
of a practitioner acting in the course of professional practice.
(b) An offense under this section is:
(1) a Class B misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, two ounces or less;
(2) a Class A misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, four ounces or less but more than two
ounces;
(3) a state jail felony if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, 2,000 pounds or less but more than 50
pounds; and
(6) punishable by imprisonment in the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 5 years, and a fine not to exceed $50,000, if the amount
of the controlled substance possessed is, by aggregate weight,
including adulterants or dilutants, more than 2,000 pounds.
SECTION 6. Subsections (c) and (d), Section 481.134, Health
and Safety Code, are amended to read as follows:
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or
(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e),
481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6) is
increased by five years and the maximum fine for the offense is
doubled if it is shown on the trial of the offense that the offense
was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
481.1161(b)(3), 481.120(b)(3), or 481.121(b)(3) is a felony of the
third degree if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
SECTION 7. Subsection (d), Article 14.06, Code of Criminal
Procedure, is amended to read as follows:
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(1) of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 8. Subdivision (1), Subsection (a), Section 15,
Article 42.12, Code of Criminal Procedure, is amended to read as
follows:
(1) On conviction of a state jail felony under Section
481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
punished under Section 12.35(a), Penal Code, the judge shall
suspend the imposition of the sentence and place the defendant on
community supervision, unless the defendant has previously been
convicted of a felony, other than a felony punished under Section
12.44(a), Penal Code, or unless the conviction resulted from an
adjudication of the guilt of a defendant previously placed on
deferred adjudication community supervision for the offense, in
which event the judge may suspend the imposition of the sentence and
place the defendant on community supervision or may order the
sentence to be executed. The provisions of this subdivision
requiring the judge to suspend the imposition of the sentence and
place the defendant on community supervision do not apply to a
defendant who:
(A) under Section 481.1151(b)(1), Health and
Safety Code, possessed more than five abuse units of the controlled
substance;
(B) under Section 481.1161(b)(3), Health and
Safety Code, possessed more than one pound, by aggregate weight,
including adulterants or dilutants, of the controlled substance; or
(C) under Section 481.121(b)(3), Health and
Safety Code, possessed more than one pound of marihuana.
SECTION 9. This Act takes effect September 1, 2011.