84R10902 GCB-D
By: Price H.B. No. 2880
A BILL TO BE ENTITLED
AN ACT
relating to the placement of certain substances in Penalty Groups 2
and 2-A of the Texas Controlled Substances Act for the purpose of
prosecution of criminal offenses involving those substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.103(a), Health and Safety Code, is
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;
5-methoxy-alpha-methyltryptamine;
(2-aminopropyl) Benzofuran (trade or other name:
APB);
(2-aminopropyl) Dihydrobenzofuran (trade or other
name: APDB);
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);
[3-(3-Carbamoylphenyl)phenyl]N-cyclohexyl
Carbamate (trade or other name: URB-597);
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);
Fentanyl mimetic substances structurally derived
from fentanyl by substitution in the phenethyl group, substitution
in the piperidine ring, substitution in the aniline ring,
replacement of the phenyl portion of the phenethyl group,
replacement of the N-Propionyl group, or any combination of those
substitutions or replacements;
Hydroxyphencyclidine (trade or other name:
HO-PCP);
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;
N-methyltryptamine mimetic substances
structurally derived from N-methyltryptamine by substitution at
the nitrogen atom, substitution at the indole ring, substitution at
the alpha carbon, substitution at the beta carbon, or any
combination of those substitutions, excluding
5-methoxy-N-Acetyltryptamine, and including, by example:
ACO-DMT;
Baeocystine;
BROMO-DALT;
DIPT;
DMT;
DPT;
HO-DET;
HO-DIPT;
HO-DMT;
HO-DPT;
HO-MET;
MEO-DALT;
MEO-DET;
MEO-DIPT;
MEO-DPT;
MEO-NMT;
MET;
NMT; and
Norbufotenin;
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);
Phencyclidine mimetic substances structurally
derived from phenylcyclohexylpiperidine by substitution at the
phenyl ring, substitution at the piperidine ring, substitution at
the cyclohexyl ring, replacement of the phenyl ring, or any
combination of those substitutions or replacements, including, by
example, compounds such as:
Amino-PCP;
BCP;
Bromo-PCP;
BTCP;
Chloro-PCP;
Fluoro-PCP;
HO-PCP;
MEO-PCP;
Methyl-PCP;
Nitro-PCP;
OXO-PCP;
PCE;
PCM;
PCPY;
TCP; and
TCPY;
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
Psilacetin;
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; and
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:
Aminoindane mimetic substances structurally
derived from Aminoindane by substitution at the nitrogen atom,
substitution at the indane ring, replacement of the amino group
with another N group or any carbon, or any combination of those
substitutions or replacements, including, by example, compounds
such as:
AMMI;
IAI;
MDAI; and
MMAI;
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;
Fluoroamphetamine;
Fluoromethamphetamine;
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)propiophenone
[alpha-(methylamino)propriophenone];
2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone [alpha-N-
methylaminopropriophenone]; monomethylpropion; ephedrone, N-
methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
1431);
Methiopropamine;
2-(Methoxyphenyl)-2-
(ethylamino)cyclohexanone(methoxetamine);
2-(Methoxyphenyl)-2-
(methylamino)cyclohexanone(methoxyketamine);
Methoxyphencyclidine (trade or other name:
MEO-PCP);
Alpha-Pyrrolidinovalerothiophenone (trade or
other name: alpha-PVT);
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);
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).
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:
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;
3-Adamantoylindole, with substitution at the
nitrogen atom of the indole ring, whether or not further
substituted in the indole ring to any extent or in the adamantyl
ring to any extent, including, by example, compounds such as
AB-001;
Indazole-3-Carboxamide with substitution at the
nitrogen atom of the indazole ring, whether or not further
substituted in the indazole ring to any extent or in the adamantyl
ring to any extent, including, by example, compounds such as:
AB-Fubinaca;
AB-Pinaca;
AKB-48;
Apinaca; and
Fluoro-AKB-48;
N-(adamantyl)-indole-3-Carboxamide, with
substitution at the nitrogen atom of the indole ring, whether or not
further substituted in the indole ring to any extent or in the
adamantyl ring to any extent, including, by example, compounds such
as SDB-001; and
8-Quinolinyl-indole-3-carboxylate with
substitution at the nitrogen atom of the indole ring, whether or not
further substituted in the indole ring to any extent or in the
quinoline ring to any extent, including, by example, compounds such
as:
Fluoro-PB-22; and
PB-22.
SECTION 3. 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 4. This Act takes effect September 1, 2015.