By: Huffman S.B. No. 264
(In the Senate - Filed January 25, 2013; January 29, 2013,
read first time and referred to Committee on Criminal Justice;
April 8, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 8, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 264 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to the addition of certain substances to Penalty Groups
1-A and 2 of the Texas Controlled Substances Act for criminal
prosecution and other purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (50), Section 481.002, Health and
Safety Code, is amended to read as follows:
(50) "Abuse unit" means:
(A) except as provided by Paragraph (B):
(i) a single unit on or in any adulterant,
dilutant, or similar carrier medium, including marked or perforated
blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or
other medium that contains any amount of a controlled substance
listed in Penalty Group 1-A, if the unit is commonly used in abuse
of that substance; or
(ii) each quarter-inch square section of
paper, if the adulterant, dilutant, or carrier medium is paper not
marked or perforated into individual abuse units; or
(B) if the controlled substance is in liquid or
solid form, 40 micrograms of the controlled substance including any
adulterant or dilutant.
SECTION 2. Section 481.1021, Health and Safety Code, is
amended to read as follows:
Sec. 481.1021. PENALTY GROUP 1-A. (a) Penalty Group 1-A
consists of:
(1) lysergic acid diethylamide (LSD), including its
salts, isomers, and salts of isomers; and
(2) compounds structurally derived from
2,5-dimethoxyphenethylamine by substitution at the 1-amino
nitrogen atom with a benzyl substituent, including:
(A) compounds further modified by:
(i) substitution in the phenethylamine ring
at the 4- position to any extent (including alkyl, alkoxy,
alkylenedioxy, haloalkyl, or halide substituents); or
(ii) substitution in the benzyl ring to any
extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
halide substituents); and
(B) by example, compounds such as:
4-Bromo-2,5-dimethoxy-N-(2-methoxybenzyl)
phenethylamine (trade or other names: 25B-NBOMe, 2C-B-NBOMe);
4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)
phenethylamine (trade or other names: 25C-NBOMe, 2C-C-NBOMe);
2,5-Dimethoxy-4-methyl-N-(2-methoxybenzyl)
phenethylamine (trade or other names: 25D-NBOMe, 2C-D-NBOMe);
4-Ethyl-2,5-dimethoxy-N-(2-methoxybenzyl)
phenethylamine (trade or other names: 25E-NBOMe, 2C-E-NBOMe);
2,5-Dimethoxy-N-(2-
methoxybenzyl)phenethylamine (trade or other names: 25H-NBOMe,
2C-H-NBOMe);
4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)
phenethylamine (trade or other names: 25I-NBOMe, 2C-I-NBOMe);
4-Iodo-2,5-dimethoxy-N-
benzylphenethylamine (trade or other name: 25I-NB);
4-Iodo-2,5-dimethoxy-N-(2,3-
methylenedioxybenzyl)phenethylamine (trade or other name:
25I-NBMD);
4-Iodo-2,5-dimethoxy-N-(2-
fluorobenzyl)phenethylamine (trade or other name: 25I-NBF);
4-Iodo-2,5-dimethoxy-N-(2-hydroxybenzyl)
phenethylamine (trade or other name: 25I-NBOH);
2,5-Dimethoxy-4-nitro-N-(2-methoxybenzyl)
phenethylamine (trade or other names: 25N-NBOMe, 2C-N-NBOMe); and
2,5-Dimethoxy-4-(n)-propyl-N-(2-
methoxybenzyl)phenethylamine (trade or other names: 25P-NBOMe,
2C-P-NBOMe).
(b) To the extent Subsection (a)(2) conflicts with this
subtitle or another law, the subtitle or other law prevails.
SECTION 3. Subsections (a) and (c), Section 481.103, Health
and Safety Code, are amended to read as follows:
(a) Penalty Group 2 consists of:
(1) any quantity of the following hallucinogenic
substances, their salts, isomers, and salts of isomers, unless
specifically excepted, if the existence of these salts, isomers,
and salts of isomers is possible within the specific chemical
designation:
alpha-ethyltryptamine;
alpha-methyltryptamine;
[4-bromo-2, 5-dimethoxyamphetamine (some trade or
other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2, 5-DMA);
[4-bromo-2, 5-dimethoxyphenethylamine;]
Bufotenine (some trade and other names: 3-(beta-
Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5-
indolol; N, N-dimethylserotonin; 5-hydroxy-N, N-
dimethyltryptamine; mappine);
Diethyltryptamine (some trade and other
names: N, N-Diethyltryptamine, DET);
2, 5-dimethoxyamphetamine (some trade or other
names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
[2, 5-dimethoxy-4-ethylamphetamine (trade or
other name: DOET);
[2, 5-dimethoxy-4-(n)-propylthiophenethylamine
(trade or other name: 2C-T-7);]
Dimethyltryptamine (trade or other name: DMT);
Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and Drug
Administration approved drug product (some trade or other names for
Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
(trans)- tetrahydrocannabinol);
Ethylamine Analog of Phencyclidine (some trade or
other names: N-ethyl-1-phenylcyclohexylamine, (1-
phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
cyclohexamine, PCE);
Ibogaine (some trade or other names: 7-Ethyl-6,
6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
Mescaline;
5-methoxy-N, N-diisopropyltryptamine;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other
names: 4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
PPMP);
4-methyl-2, 5-dimethoxyamphetamine (some trade
and other names: 4-methyl-2, 5-dimethoxy-alpha-
methylphenethylamine; "DOM"; "STP");
3,4-methylenedioxy methamphetamine (MDMA, MDM);
3,4-methylenedioxy amphetamine;
3,4-methylenedioxy N-ethylamphetamine (Also
known as N-ethyl MDA);
Nabilone (Another name for nabilone: (+)-trans-
3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
N-benzylpiperazine (some trade or other
names: BZP; 1-benzylpiperazine);
N-ethyl-3-piperidyl benzilate;
N-hydroxy-3,4-methylenedioxyamphetamine (Also
known as N-hydroxy MDA);
4-methylaminorex;
N-methyl-3-piperidyl benzilate;
Parahexyl (some trade or other names: 3-Hexyl-1-
hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
pyran; Synhexyl);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
Psilocin;
Psilocybin;
Pyrrolidine Analog of Phencyclidine (some trade
or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
Tetrahydrocannabinols, other than marihuana, and
synthetic equivalents of the substances contained in the plant, or
in the resinous extractives of Cannabis, or synthetic substances,
derivatives, and their isomers with similar chemical structure and
pharmacological activity such as:
delta-1 cis or trans tetrahydrocannabinol,
and their optical isomers;
delta-6 cis or trans tetrahydrocannabinol,
and their optical isomers;
delta-3, 4 cis or trans
tetrahydrocannabinol, and its optical isomers;
compounds of these structures, regardless of
numerical designation of atomic positions, since nomenclature of
these substances is not internationally standardized;
Thiophene Analog of Phencyclidine (some trade or
other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
Analog of Phencyclidine; TPCP, TCP);
1-pyrrolidine (some trade or other name: TCPy);
1-(3-trifluoromethylphenyl)piperazine (trade or
other name: TFMPP); and
3,4,5-trimethoxy amphetamine;
(2) Phenylacetone (some trade or other
names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
ketone);
(3) unless specifically excepted or unless listed in
another Penalty Group, a material, compound, mixture, or
preparation that contains any quantity of the following substances
having a potential for abuse associated with a depressant or
stimulant effect on the central nervous system:
Aminorex (some trade or other
names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
phenyl-2-oxazolamine);
Amphetamine, its salts, optical isomers, and
salts of optical isomers;
Cathinone (some trade or other names: 2-amino-1-
phenyl-1-propanone, alpha-aminopropiophenone, 2-
aminopropiophenone);
Etorphine Hydrochloride;
Fenethylline and its salts;
Lisdexamfetamine, including its salts, isomers,
and salts of isomers;
Mecloqualone and its salts;
Methaqualone and its salts;
Methcathinone (some trade or other names: 2-
methylamino-propiophenone; alpha-(methylamino)propriophenone;
2-(methylamino)-1-phenylpropan-1-one; alpha-N-
methylaminopropriophenone; monomethylpropion; ephedrone, N-
methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
1431);
N-Ethylamphetamine, its salts, optical isomers,
and salts of optical isomers; and
N,N-dimethylamphetamine (some trade or other
names: N,N,alpha-trimethylbenzeneethaneamine;
N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
and salts of optical isomers; [and]
(4) any compound structurally derived from
2-aminopropanal by substitution at the 1-position with any
monocyclic or fused-polycyclic ring system, including:
(A) compounds further modified by:
(i) substitution in the ring system to any
extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
halide substituents), whether or not further substituted in the
ring system by other substituents;
(ii) substitution at the 3-position with an
alkyl substituent; or
(iii) substitution at the 2-amino nitrogen
atom with alkyl or dialkyl groups, or inclusion of the 2-amino
nitrogen atom in a cyclic structure; and
(B) by example, compounds such as:
4-Methylmethcathinone (Also known as
Mephedrone);
3,4-Dimethylmethcathinone (Also known as
3,4-DMMC);
3-Fluoromethcathinone (Also known as 3-FMC);
4-Fluoromethcathinone (Also known as
Flephedrone);
3,4-Methylenedioxy-N-methylcathinone (Also
known as Methylone);
3,4-Methylenedioxypyrovalerone (Also known
as MDPV);
alpha-Pyrrolidinopentiophenone (Also known
as alpha-PVP);
Naphthylpyrovalerone (Also known as
Naphyrone);
alpha-Methylamino-valerophenone (Also known
as Pentedrone);
beta-Keto-N-methylbenzodioxolylpropylamine
(Also known as Butylone);
beta-Keto-N-methylbenzodioxolylpentanamine
(Also known as Pentylone);
beta-Keto-Ethylbenzodioxolylbutanamine
(Also known as Eutylone); and
3,4-methylenedioxy-N-ethylcathinone (Also
known as Ethylone);
(5) 2,5-Dimethoxyphenethylamine and any compound
structurally derived from 2,5-Dimethoxyphenethylamine by
substitution at the 4-position of the phenyl ring to any extent
(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents), including, by example, compounds such as:
4-Bromo-2,5-dimethoxyphenethylamine (trade or
other name: 2C-B);
4-Chloro-2,5-dimethoxyphenethylamine (trade or
other name: 2C-C);
2,5-Dimethoxy-4-methylphenethylamine (trade or
other name: 2C-D);
4-Ethyl-2,5-dimethoxyphenethylamine (trade or
other name: 2C-E);
4-Iodo-2,5-dimethoxyphenethylamine (trade or
other name: 2C-I);
2,5-Dimethoxy-4-nitrophenethylamine (trade or
other name: 2C-N);
2,5-Dimethoxy-4-(n)-propylphenethylamine (trade
or other name: 2C-P);
4-Ethylthio-2,5-dimethoxyphenethylamine (trade
or other name: 2C-T-2);
4-Isopropylthio-2,5-dimethoxyphenethylamine
(trade or other name: 2C-T-4); and
2,5-Dimethoxy-4-(n)-propylthiophenethylamine
(trade or other name: 2C-T-7); and
(6) 2,5-Dimethoxyamphetamine and any compound
structurally derived from 2,5-Dimethoxyamphetamine by substitution
at the 4- position of the phenyl ring to any extent (including
alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
including, by example, compounds such as:
4-Ethylthio-2,5-dimethoxyamphetamine (trade or
other name: Aleph-2);
4-Isopropylthio-2,5-dimethoxyamphetamine (trade
or other name: Aleph-4);
4-Bromo-2,5-dimethoxyamphetamine (trade or other
name: DOB);
4-Chloro-2,5-dimethoxyamphetamine (trade or
other name: DOC);
2,5-Dimethoxy-4-ethylamphetamine (trade or other
name: DOET);
4-Iodo-2,5-dimethoxyamphetamine (trade or other
name: DOI);
2,5-Dimethoxy-4-methylamphetamine (trade or
other name: DOM);
2,5-Dimethoxy-4-nitroamphetamine (trade or other
name: DON);
4-Isopropyl-2,5-dimethoxyamphetamine (trade or
other name: DOIP); and
2,5-Dimethoxy-4-(n)-propylamphetamine (trade or
other name: DOPR).
(c) To the extent Subsection (a)(4), (5), or (6) conflicts
with this subtitle or another law, the subtitle or other law
prevails.
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.
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