| 1 | 1 | | By: Taylor of Collin, et al. S.B. No. 1583 |
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| 2 | 2 | | (Fletcher) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to classifying synthetic cannabinoid or cathinone as a |
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| 8 | 8 | | Schedule I controlled substance under the Texas Controlled |
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| 9 | 9 | | Substances Act; affecting the prosecution of a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 481, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 481.038 to read as follows: |
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| 13 | 13 | | Sec. 481.038. SYNTHETIC CANNABINOID OR CATHINONE. |
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| 14 | 14 | | (a) Schedule I includes any synthetic cannabinoid or cathinone |
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| 15 | 15 | | designer drug that is not regulated by the United States Food and |
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| 16 | 16 | | Drug Administration or by the laws of this state but that is similar |
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| 17 | 17 | | by structure or pharmacological effect to a Schedule I or II |
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| 18 | 18 | | controlled substance that is regulated under federal law or the |
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| 19 | 19 | | laws of this state. For purposes of this section, a substance is |
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| 20 | 20 | | similar by structure or pharmacological effect to a Schedule I or II |
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| 21 | 21 | | controlled substance if the substance contains a majority of |
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| 22 | 22 | | functional features in a similar chemical structural arrangement or |
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| 23 | 23 | | otherwise mimics the pharmacological effect of a Schedule I or II |
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| 24 | 24 | | controlled substance. |
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| 25 | 25 | | (b) Any compound of a designer drug described by Subsection |
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| 26 | 26 | | (a) that is manufactured, formulated, sold, distributed, or |
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| 27 | 27 | | marketed with the intent to circumvent the law under this chapter or |
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| 28 | 28 | | federal law is a Schedule I controlled substance. |
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| 29 | 29 | | (c) Examples of synthetic cannabinoid designer drugs |
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| 30 | 30 | | include substances that are generated using a three-component |
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| 31 | 31 | | pharmacophore model. Synthetic cannabinoid designer drugs that |
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| 32 | 32 | | contain one or more components of a controlled substance in |
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| 33 | 33 | | Schedule I or II under federal or state law are analogues of |
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| 34 | 34 | | Schedule I or II controlled substances. |
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| 35 | 35 | | (d) Nothing in this section affects an exemption provided |
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| 36 | 36 | | under state law to a person who possesses for a lawful purpose a |
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| 37 | 37 | | chemical formula defined as a controlled substance. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2015. |
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