Texas 2013 - 83rd Regular

Texas House Bill HB124

Filed
11/12/12  
Out of House Committee
 
Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 

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 addition of Salvia divinorum to Penalty Group 3 would have significant implications for both users and sellers in Texas. By categorizing this substance within a controlled framework, the bill aims to restrict its availability and potentially reduce abuse among the population. This change moves the state towards a more comprehensive control system for psychoactive substances, following precedents set by other states that have taken action against Salvia divinorum due to its psychoactive effects and emergence in recreational use.

Summary

House Bill 124 relates to the classification of Salvia divinorum, a psychoactive plant, under the Texas Controlled Substances Act. The bill proposes to add Salvia divinorum and its derivatives to Penalty Group 3, which categorizes substances that have a potential for abuse but are not classified as narcotics or other more serious forms of controlled substances. This change reflects the growing concern over the misuse of Salvia divinorum and its psychoactive properties, similar to other substances already regulated under state law.

Conclusion

If enacted, HB 124 represents a proactive approach by the Texas legislature to regulate substances that are increasingly being used recreationally and can lead to adverse health effects. The bill conveys a significant shift in policy towards tighter controls over what are considered emerging drugs of abuse, reflecting larger national trends in drug regulation.

Contention

Notably, the bill may face opposition from advocates who argue that recreational use of Salvia should not be criminalized, emphasizing individual freedom and the lack of evidence showing significant harm from its use compared to other controlled substances. There is also the concern that penalizing its use will make it harder for individuals to seek help for potential substance issues. As with other drug regulation discussions, there will likely be contention between public health perspectives and those advocating for personal liberties.

Companion Bills

No companion bills found.

Previously Filed As

TX SB645

Relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

TX HB6

Relating to the designation of fentanyl poisoning or fentanyl toxicity for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

TX HB224

Relating to removing criminal penalties for the possession or distribution of certain drug paraphernalia under the Texas Controlled Substances Act.

TX HB520

Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

TX HB369

Relating to the criminal penalty for possession of certain small amounts of controlled substances in Penalty Group 1 or 1-B.

TX HB2330

Relating to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

TX HB3578

Relating to increasing the criminal penalties for delivery of a controlled substance in Penalty Group 1-B to a child.

TX SB87

Relating to the criminal penalties for possession or delivery of marihuana concentrate.

TX HB127

Relating to the criminal penalties for possession or delivery of marihuana concentrate.

TX HB1374

Relating to the criminal penalties for possession or delivery of marihuana concentrate.

Similar Bills

CA AB2589

Controlled substances: human chorionic gonadotropin.

CA AB2783

Controlled substances: hydrocodone combination products: schedules.

CA SB1502

Controlled substances: xylazine.

CA AB527

Controlled substances.

IL HB0077

CONTROLLED SUB-XYLAZINE

MS HB1342

Controlled substances; bring forward sections for unlawful possession of.

TX HB470

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

NJ S3902

Classifies xylazine as Schedule III controlled dangerous substance under certain circumstances.