84R18895 JSC-D
By: Clardy, Price, Turner of Tarrant, H.B. No. 597
Harless, Villalba, et al.
Substitute the following for H.B. No. 597:
By: Herrero C.S.H.B. No. 597
A BILL TO BE ENTITLED
AN ACT
relating to the designation for criminal prosecution and other
purposes of certain chemicals commonly referred to as synthetic
cannabinoids as controlled substances and controlled substance
analogues under the Texas Controlled Substances Act; amending
provisions subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 481.002(5) and (6), Health and Safety
Code, are amended to read as follows:
(5) "Controlled substance" means a substance,
including a drug, an adulterant, and a dilutant, listed in
Schedules I through V or Penalty Group [Groups] 1, 1-A, [or] 2, 2-A,
3, or [through] 4. The term includes the aggregate weight of any
mixture, solution, or other substance containing a controlled
substance.
(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.
SECTION 2. Section 481.1031, Health and Safety Code, is
amended to read as follows:
Sec. 481.1031. PENALTY GROUP 2-A. (a) In this section:
(1) "Core component" is one of the following:
azaindole, benzimidazole, benzothiazole, carbazole, imidazole,
indane, indazole, indene, indole, pyrazole, pyrazolopyridine,
pyridine, or pyrrole.
(2) "Group A component" is one of the following:
adamantane, benzene, cycloalkylmethyl, isoquinoline,
methylpiperazine, naphthalene, phenyl, quinoline,
tetrahydronaphthalene, tetramethylcyclopropane, amino oxobutane,
amino dimethyl oxobutane, amino phenyl oxopropane, methyl methoxy
oxobutane, methoxy dimethyl oxobutane, methoxy phenyl oxopropane,
or an amino acid.
(3) "Link component" is one of the following
functional groups: carboxamide, carboxylate, hydrazide, methanone
(ketone), ethanone, methanediyl (methylene bridge), or methine.
(b) Penalty Group 2-A consists of any material, compound,
mixture, or preparation that contains any quantity of a natural or
synthetic chemical substance, including its salts, isomers, and
salts of isomers, listed by name in this subsection or contained
within one of the structural classes defined in this subsection:
(1) WIN-55,212-2;
(2) Cyclohexylphenol: any 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], (N-methylpiperidin-2-yl)alkyl,
(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl [alkenyl,
cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl)ethyl],
whether or not substituted in the cyclohexyl ring to any extent,
including:
JWH-337;
JWH-344;
CP-55,940;
CP-47,497; and
analogues of CP-47,497;
(3) Cannabinol[, 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; and
HU-211;
(4) Tetramethylcyclopropyl thiazole: any compound
structurally derived from 2,2,3,3-tetramethyl-N-(thiazol-
2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen
atom of the thiazole ring, whether or not further substituted in the
thiazole ring to any extent, whether or not substituted in the
tetramethylcyclopropyl ring to any extent, including:
A-836,339;
(5) any compound containing a core component
substituted at the 1-position to any extent, and substituted at the
3-position with a link component attached to a group A component,
whether or not the core component or group A component are further
substituted to any extent, including:
Naphthoylindane;
Naphthoylindazole (THJ-018);
Naphthyl methyl indene (JWH-171);
Naphthoylindole (JWH-018);
Quinolinoyl pyrazole carboxylate (Quinolinyl
fluoropentyl fluorophenyl pyrazole carboxylate);
Naphthoyl pyrazolopyridine; and
Naphthoylpyrrole (JWH-030);
(6) any compound containing a core component
substituted at the 1-position to any extent, and substituted at the
2-position with a link component attached to a group A component,
whether or not the core component or group A component are further
substituted to any extent, including:
Naphthoylbenzimidazole (JWH-018 Benzimidazole);
and
Naphthoylimidazole;
(7) any compound containing a core component
substituted at the 3-position to any extent, and substituted at the
2-position with a link component attached to a group A component,
whether or not the core component or group A component are further
substituted to any extent, including:
Naphthoyl benzothiazole; and
(8) any compound containing a core component
substituted at the 9-position to any extent, and substituted at the
3-position with a link component attached to a group A component,
whether or not the core component or group A component are further
substituted to any extent, including:
Naphthoylcarbazole (EG-018) [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, 2015.