By: Hughes S.B. No. 2176
(In the Senate - Filed March 10, 2017; March 29, 2017, read
first time and referred to Committee on Criminal Justice;
April 18, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 18, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2176 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the placement of certain substances in Penalty Groups 1
and 3 of the Texas Controlled Substances Act for the purposes of
prosecution of criminal offenses involving those substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.102, Health and Safety Code, is
amended to read as follows:
Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
(1) the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted, if the existence of these isomers,
esters, ethers, and salts is possible within the specific chemical
designation:
Alfentanil;
Allylprodine;
Alphacetylmethadol;
Benzethidine;
Betaprodine;
Clonitazene;
Diampromide;
Diethylthiambutene;
Difenoxin not listed in Penalty Group 3 or 4;
Dimenoxadol;
Dimethylthiambutene;
Dioxaphetyl butyrate;
Dipipanone;
Ethylmethylthiambutene;
Etonitazene;
Etoxeridine;
Furethidine;
Hydroxypethidine;
Ketobemidone;
Levophenacylmorphan;
Meprodine;
Methadol;
Moramide;
Morpheridine;
Noracymethadol;
Norlevorphanol;
Normethadone;
Norpipanone;
Phenadoxone;
Phenampromide;
Phenomorphan;
Phenoperidine;
Piritramide;
Proheptazine;
Properidine;
Propiram;
Sufentanil;
Tilidine; and
Trimeperidine;
(2) the following opium derivatives, 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:
Acetorphine;
Acetyldihydrocodeine;
Benzylmorphine;
Codeine methylbromide;
Codeine-N-Oxide;
Cyprenorphine;
Desomorphine;
Dihydromorphine;
Drotebanol;
Etorphine, except hydrochloride salt;
Heroin;
Hydromorphinol;
Methyldesorphine;
Methyldihydromorphine;
Monoacetylmorphine;
Morphine methylbromide;
Morphine methylsulfonate;
Morphine-N-Oxide;
Myrophine;
Nicocodeine;
Nicomorphine;
Normorphine;
Pholcodine; and
Thebacon;
(3) the following substances, however produced,
except those narcotic drugs listed in another group:
(A) Opium and opiate not listed in Penalty Group
3 or 4, and a salt, compound, derivative, or preparation of opium or
opiate, other than thebaine derived butorphanol, nalmefene and its
salts, naloxone and its salts, and naltrexone and its salts, but
including:
Codeine not listed in Penalty Group 3 or 4;
Dihydroetorphine;
Ethylmorphine not listed in Penalty Group 3
or 4;
Granulated opium;
Hydrocodone not listed in Penalty Group 3;
Hydromorphone;
Metopon;
Morphine not listed in Penalty Group 3;
Opium extracts;
Opium fluid extracts;
Oripavine;
Oxycodone;
Oxymorphone;
Powdered opium;
Raw opium;
Thebaine; and
Tincture of opium;
(B) a salt, compound, isomer, derivative, or
preparation of a substance that is chemically equivalent or
identical to a substance described by Paragraph (A), other than the
isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) Cocaine, including:
(i) its salts, its optical, position, and
geometric isomers, and the salts of those isomers;
(ii) coca leaves and a salt, compound,
derivative, or preparation of coca leaves; and
(iii) a salt, compound, derivative, or
preparation of a salt, compound, or derivative that is chemically
equivalent or identical to a substance described by Subparagraph
(i) or (ii), other than decocainized coca leaves or extractions of
coca leaves that do not contain cocaine or ecgonine; and
(E) concentrate of poppy straw, meaning the crude
extract of poppy straw in liquid, solid, or powder form that
contains the phenanthrine alkaloids of the opium poppy;
(4) the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, if the existence of
these isomers, esters, ethers, and salts is possible within the
specific chemical designation:
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
phenethyl)-4-piperidinyl]-N-phenylacetamide);
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
Alphaprodine;
Anileridine;
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
phenethyl)-4-piperidinyl] -N-phenylpropanamide);
Beta-hydroxy-3-methylfentanyl;
Bezitramide;
Carfentanil;
Dihydrocodeine not listed in Penalty Group 3 or 4;
Diphenoxylate not listed in Penalty Group 3 or 4;
Fentanyl or alpha-methylfentanyl, or any other
derivative of Fentanyl;
Isomethadone;
Levomethorphan;
Levorphanol;
Metazocine;
Methadone;
Methadone-Intermediate, 4-cyano-2-dimethylamino-
4, 4-diphenyl butane;
3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
4-piperidyl]-N-phenylpropanamide);
3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
ethyl-4-piperidinyl]-N-phenylpropanamide);
Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenyl-propane-carboxylic acid;
Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
phenylethyl)-4-piperidinylpropanamide);
PEPAP (1-(2-phenethyl)-4-phenyl-4-
acetoxypiperidine);
Pethidine (Meperidine);
Pethidine-Intermediate-A, 4-cyano-1-methyl-4-
phenylpiperidine;
Pethidine-Intermediate-B, ethyl-4-
phenylpiperidine-4 carboxylate;
Pethidine-Intermediate-C, 1-methyl-4-
phenylpiperidine-4-carboxylic acid;
Phenazocine;
Piminodine;
Racemethorphan;
Racemorphan;
Remifentanil; and
Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-pi
peridinyl]-propanamide);
(5) Flunitrazepam (trade or other name: Rohypnol);
(6) Methamphetamine, including its salts, optical
isomers, and salts of optical isomers;
(7) Phenylacetone and methylamine, if possessed
together with intent to manufacture methamphetamine;
(8) Phencyclidine, including its salts;
(9) Gamma hydroxybutyric acid (some trade or other
names: gamma hydroxybutyrate, GHB), including its salts; [and]
(10) Ketamine;
(11) Phenazepam;
(12) U-47700; and
(13) AH-7921.
SECTION 2. Section 481.104(a), Health and Safety Code, is
amended to read as follows:
(a) Penalty Group 3 consists of:
(1) a material, compound, mixture, or preparation that
contains any quantity of the following substances having a
potential for abuse associated with a stimulant effect on the
central nervous system:
Methylphenidate and its salts; and
Phenmetrazine and its salts;
(2) a material, compound, mixture, or preparation that
contains any quantity of the following substances having a
potential for abuse associated with a depressant effect on the
central nervous system:
a substance that contains any quantity of a
derivative of barbituric acid, or any salt of a derivative of
barbituric acid not otherwise described by this subsection;
a compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital, or any salt of any of
these, and one or more active medicinal ingredients that are not
listed in any penalty group;
a suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs, and
approved by the United States Food and Drug Administration for
marketing only as a suppository;
Alprazolam;
Amobarbital;
Bromazepam;
Camazepam;
Carisoprodol;
Chlordiazepoxide;
Chlorhexadol;
Clobazam;
Clonazepam;
Clorazepate;
Clotiazepam;
Cloxazolam;
Delorazepam;
Diazepam;
Estazolam;
Ethyl loflazepate;
Etizolam;
Fludiazepam;
Flurazepam;
Glutethimide;
Halazepam;
Haloxzolam;
Ketazolam;
Loprazolam;
Lorazepam;
Lormetazepam;
Lysergic acid, including its salts, isomers, and
salts of isomers;
Lysergic acid amide, including its salts,
isomers, and salts of isomers;
Mebutamate;
Medazepam;
Methyprylon;
Midazolam;
Nimetazepam;
Nitrazepam;
Nordiazepam;
Oxazepam;
Oxazolam;
Pentazocine, its salts, derivatives, or compounds
or mixtures thereof;
Pentobarbital;
Pinazepam;
Prazepam;
Quazepam;
Secobarbital;
Sulfondiethylmethane;
Sulfonethylmethane;
Sulfonmethane;
Temazepam;
Tetrazepam;
Tiletamine and zolazepam in combination, and its
salts. (some trade or other names for a tiletamine-zolazepam
combination product: Telazol, for tiletamine: 2-(ethylamino)-
2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2-
fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4-
e](1,4)-d diazepin-7(1H)-one, flupyrazapon);
Tramadol;
Triazolam;
Zaleplon;
Zolpidem; and
Zopiclone;
(3) Nalorphine;
(4) a material, compound, mixture, or preparation
containing limited quantities of the following narcotic drugs, or
any of their salts:
not more than 1.8 grams of codeine, or any of its
salts, per 100 milliliters or not more than 90 milligrams per dosage
unit, with an equal or greater quantity of an isoquinoline alkaloid
of opium;
not more than 1.8 grams of codeine, or any of its
salts, per 100 milliliters or not more than 90 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
not more than 300 milligrams of dihydrocodeinone
(hydrocodone), or any of its salts, per 100 milliliters or not more
than 15 milligrams per dosage unit, with a fourfold or greater
quantity of an isoquinoline alkaloid of opium;
not more than 300 milligrams of dihydrocodeinone
(hydrocodone), or any of its salts, per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
not more than 1.8 grams of dihydrocodeine, or any
of its salts, per 100 milliliters or not more than 90 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
not more than 300 milligrams of ethylmorphine, or
any of its salts, per 100 milliliters or not more than 15 milligrams
per dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts;
not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
not more than 50 milligrams of morphine, or any of
its salts, per 100 milliliters or per 100 grams with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
and
not more than 1 milligram of difenoxin and not
less than 25 micrograms of atropine sulfate per dosage unit;
(5) a material, compound, mixture, or preparation that
contains any quantity of the following substances:
Barbital;
Chloral betaine;
Chloral hydrate;
Ethchlorvynol;
Ethinamate;
Meprobamate;
Methohexital;
Methylphenobarbital (Mephobarbital);
Paraldehyde;
Petrichloral; and
Phenobarbital;
(6) Peyote, unless unharvested and growing in its
natural state, meaning all parts of the plant classified
botanically as Lophophora, whether growing or not, the seeds of the
plant, an extract from a part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds, or extracts;
(7) unless listed in another penalty group, a
material, compound, mixture, or preparation that contains any
quantity of the following substances having a stimulant effect on
the central nervous system, including the substance's salts,
optical, position, or geometric isomers, and salts of the
substance's isomers, if the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical
designation:
Benzphetamine;
Cathine [(+)-norpseudoephedrine];
Chlorphentermine;
Clortermine;
Diethylpropion;
Fencamfamin;
Fenfluramine;
Fenproporex;
Mazindol;
Mefenorex;
Modafinil;
Pemoline (including organometallic complexes and
their chelates);
Phendimetrazine;
Phentermine;
Pipradrol;
Sibutramine; and
SPA [(-)-1-dimethylamino-1,2-diphenylethane];
(8) unless specifically excepted or unless listed in
another penalty group, a material, compound, mixture, or
preparation that contains any quantity of the following substance,
including its salts:
Dextropropoxyphene (Alpha-(+)-4-dimethylamino-
1,2-diphenyl-3-methyl-2-propionoxybutane);
(9) an anabolic steroid, including any drug or
hormonal substance, or any substance that is chemically or
pharmacologically related to testosterone, other than an estrogen,
progestin, dehydroepiandrosterone, or corticosteroid, and promotes
muscle growth, including the following drugs and substances and any
salt, ester, or ether of the following drugs and substances:
Androstanediol;
Androstanedione;
Androstenediol;
Androstenedione;
Bolasterone;
Boldenone;
Calusterone;
Clostebol;
Dehydrochlormethyltestosterone;
Delta-1-dihydrotestosterone;
Dihydrotestosterone (4-dihydrotestosterone);
Drostanolone;
Ethylestrenol;
Fluoxymesterone;
Formebulone;
Furazabol;
13beta-ethyl-17beta-hydroxygon-4-en-3-one;
4-hydroxytestosterone;
4-hydroxy-19-nortestosterone;
Mestanolone;
Mesterolone;
Methandienone;
Methandriol;
Methenolone;
17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha-
androstane;
17alpha-methyl-3alpha, 17 beta-dihydroxy-5alpha-
androstane;
17alpha-methyl-3beta, 17beta-dihydroxyandrost-4-
ene;
17alpha-methyl-4-hydroxynandrolone;
Methyldienolone;
Methyltestosterone;
Methyltrienolone;
17alpha-methyl-delta-1-dihydrotestosterone;
Mibolerone;
Nandrolone;
Norandrostenediol;
Norandrostenedione;
Norbolethone;
Norclostebol;
Norethandrolone;
Normethandrolone;
Oxandrolone;
Oxymesterone;
Oxymetholone;
Stanozolol;
Stenbolone;
Testolactone;
Testosterone;
Tetrahydrogestrinone; and
Trenbolone; and
(10) Salvia divinorum, unless unharvested and growing
in its natural state, meaning all parts of that plant, whether
growing or not, the seeds of that plant, an extract from a part of
that plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of that plant, its seeds, or extracts,
including Salvinorin A.
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, 2017.
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