83R5029 JSC-D
By: Huffman S.B. No. 263
A BILL TO BE ENTITLED
AN ACT
relating to the designation of certain synthetic cannabinoids as
controlled substances and controlled substance analogues under the
Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.002, Health and Safety Code, is
amended by amending Subdivision (6) and adding Subdivision (54) to
read as follows:
(6) "Controlled substance analogue" means:
(A) a substance with a chemical structure
substantially similar to the chemical structure of a controlled
substance in Schedule I or II or Penalty Group 1, 1-A, [or] 2, or
2-A; or
(B) a substance specifically designed to produce
an effect substantially similar to, or greater than, the effect of a
controlled substance in Schedule I or II or Penalty Group 1, 1-A,
[or] 2, or 2-A.
(54) "Isostere" means a chemical compound that is
structurally derived from another chemical compound by:
(A) substitution of an atom or group of atoms in
or on a chain or cyclic structure with a different atom or group of
atoms;
(B) addition of one or more atoms to or within a
chain or cyclic structure;
(C) elision of one or more atoms from a chain or
cyclic structure;
(D) changing the degree or position of
unsaturation in a chain or cyclic structure; or
(E) any combination of modifications described
by Paragraph (A), (B), (C), or (D).
SECTION 2. Section 481.1031, Health and Safety Code, is
amended 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:
(1) compounds [naphthoylindoles] structurally derived
from indole or from any isostere of indole [3-(1-naphthoyl)indole]
by substitution at both the 1-position [nitrogen atom] of the
indole ring system with any [by] alkyl group, cycloalkyl group, or
(cycloalkyl)alkyl group, or with an isostere or derivative of any
of these groups, and the 3-position of the indole ring system with
any alkyl group, cycloalkyl group, or (cycloalkyl)alkyl group, or
with an isostere or derivative of any of these groups, regardless of
[, alkenyl, cycloalkylmethyl, cycloalkylethyl, or
2-(4-morpholinyl)ethyl,] whether the indole ring system is [or not]
further substituted [in the indole ring] to any extent at other ring
system positions by additional groups, such as [, whether or not
substituted in the napthyl ring to any extent, including]:
AKB-48;
AM-679;
AM-694;
AM-1235;
AM-1241;
AM-2201;
AM-2232;
EAM-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-167;
JWH-171;
JWH-172;
JWH-173;
JWH-175;
JWH-176;
JWH-180;
JWH-181;
JWH-182;
JWH-184;
JWH-185;
JWH-189;
JWH-192;
JWH-193;
JWH-194;
JWH-195;
JWH-196;
JWH-197;
JWH-198;
JWH-199;
JWH-200;
JWH-203;
JWH-204;
JWH-205;
JWH-206;
JWH-208;
JWH-210;
JWH-211;
JWH-212;
JWH-213;
JWH-234;
JWH-235;
JWH-237;
JWH-239;
JWH-240;
JWH-241;
JWH-242;
JWH-248;
JWH-249;
JWH-250;
JWH-251;
JWH-252;
JWH-253;
JWH-258;
JWH-259;
JWH-260;
JWH-262;
JWH-267;
JWH-302;
JWH-303;
JWH-305;
JWH-306;
JWH-311;
JWH-312;
JWH-313;
JWH-314;
JWH-315;
JWH-386;
JWH-387;
JWH-394;
JWH-395;
JWH-397;
JWH-398;
JWH-399;
JWH-400;
JWH-412;
JWH-413; [and]
JWH-414;
MAM-2201;
UR-144; and
XLR-11;
(2) compounds [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
pyrrole or from any isostere of pyrrole [3-(1-naphthoyl)pyrrole] by
substitution at both the 1-position [nitrogen atom] of the pyrrole
ring system with any [by] alkyl group, cycloalkyl group, or
(cycloalkyl)alkyl group, or with an isostere or derivative of any
of these groups, and the 3-position of the pyrrole ring system with
any alkyl group, cycloalkyl group, or (cycloalkyl)alkyl group, or
with an isostere or derivative of any of these groups, regardless
of[, alkenyl, cycloalkylmethyl, cycloalkylethyl, or
2-(4-morpholinyl)ethyl,] whether the pyrrole ring system is [or
not] further substituted [in the pyrrole ring] to any extent at
other ring system positions by additional groups, such as[, 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;
(3) compounds [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-cyclohexylphenol, or from any isostere of 2-cyclohexylphenol,
[2-(3-hydroxycyclohexyl)phenol] by substitution at the 5-position
of the phenyl [phenolic] ring with any [by] alkyl group, a
cycloalkyl group, or a (cycloalkyl)alkyl group, or with an isostere
of any of these groups[, alkenyl, cycloalkylmethyl,
cycloalkylethyl, or 2-(4-morpholinyl)ethyl], regardless of whether
further [or not] substituted in the cyclohexyl ring or in the phenyl
ring to any extent, such as [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
(4) 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 3. Section 481.106, Health and Safety Code, is
amended to read as follows:
Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE
ANALOGUE. For the purposes of the prosecution of an offense under
this subchapter involving the manufacture, delivery, or possession
of a controlled substance, Penalty Groups 1, 1-A, [and] 2, and 2-A
include a controlled substance analogue that:
(1) has a chemical structure substantially similar to
the chemical structure of a controlled substance listed in the
applicable penalty group; or
(2) is specifically designed to produce an effect
substantially similar to, or greater than, a controlled substance
listed in the applicable penalty group.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2013.