86R8486 JSC-D
By: Meza H.B. No. 1196
A BILL TO BE ENTITLED
AN ACT
relating to changing statutory references to marihuana to cannabis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 13.22, Code of Criminal Procedure, is
amended to read as follows:
Art. 13.22. POSSESSION AND DELIVERY OF CANNABIS
[MARIHUANA]. An offense of possession or delivery of cannabis
[marihuana] may be prosecuted in the county where the offense was
committed or with the consent of the defendant in a county that is
adjacent to and in the same judicial district as the county where
the offense was committed.
SECTION 2. Article 15.27(h), Code of Criminal Procedure, is
amended to read as follows:
(h) This article applies to any felony offense and the
following misdemeanors:
(1) an offense under Section 20.02, 21.08, 22.01, 22.05,
22.07, or 71.02, Penal Code;
(2) the unlawful use, sale, or possession of a controlled
substance, drug paraphernalia, or cannabis [marihuana], as defined
by Chapter 481, Health and Safety Code; or
(3) the unlawful possession of any of the weapons or devices
listed in Sections 46.01(1)-(14) or (16), Penal Code, or a weapon
listed as a prohibited weapon under Section 46.05, Penal Code.
SECTION 3. Article 18A.101, Code of Criminal Procedure, is
amended to read as follows:
Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
ISSUED. A judge of competent jurisdiction may issue an
interception order only if the prosecutor applying for the order
shows probable cause to believe that the interception will provide
evidence of the commission of:
(1) a felony under any of the following provisions of
the Health and Safety Code:
(A) Chapter 481, other than felony possession of
cannabis [marihuana];
(B) Chapter 483; or
(C) Section 485.032;
(2) an offense under any of the following provisions
of the Penal Code:
(A) Section 19.02;
(B) Section 19.03;
(C) Section 20.03;
(D) Section 20.04;
(E) Chapter 20A;
(F) Chapter 34, if the criminal activity giving
rise to the proceeds involves the commission of an offense under
Title 5, Penal Code, or an offense under federal law or the laws of
another state containing elements that are substantially similar to
the elements of an offense under Title 5;
(G) Section 38.11;
(H) Section 43.04;
(I) Section 43.05; or
(J) Section 43.26; or
(3) an attempt, conspiracy, or solicitation to commit
an offense listed in Subdivision (1) or (2).
SECTION 4. Article 42A.514(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If a judge grants community supervision to a defendant
younger than 18 years of age convicted of an alcohol-related
offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
an offense involving possession of a controlled substance or
cannabis [marihuana] under Section 481.115, 481.1151, 481.116,
481.1161, 481.117, 481.118, or 481.121, Health and Safety Code, the
judge may require the defendant as a condition of community
supervision to attend, as appropriate:
(1) an alcohol awareness program approved under
Section 106.115, Alcoholic Beverage Code; or
(2) a drug education program that is designed to
educate persons on the dangers of drug abuse and is approved by the
Department of State Health Services in accordance with Section
521.374, Transportation Code.
SECTION 5. Article 42A.551(c), Code of Criminal Procedure,
is amended to read as follows:
(c) Subsection (a) does not apply to a defendant who:
(1) under Section 481.1151(b)(1), Health and Safety
Code, possessed more than five abuse units of the controlled
substance;
(2) under Section 481.1161(b)(3), Health and Safety
Code, possessed more than one pound, by aggregate weight, including
adulterants or dilutants, of the controlled substance; or
(3) under Section 481.121(b)(3), Health and Safety
Code, possessed more than one pound of cannabis [marihuana].
SECTION 6. Section 37.005(c), Education Code, is amended to
read as follows:
(c) A student who is enrolled in a grade level below grade
three may not be placed in out-of-school suspension unless while on
school property or while attending a school-sponsored or
school-related activity on or off of school property, the student
engages in:
(1) conduct that contains the elements of an offense
related to weapons under Section 46.02 or 46.05, Penal Code;
(2) conduct that contains the elements of a violent
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
or
(3) selling, giving, or delivering to another person
or possessing, using, or being under the influence of any amount of:
(A) cannabis [marihuana] or a controlled
substance, as defined by Chapter 481, Health and Safety Code, or by
21 U.S.C. Section 801 et seq.;
(B) a dangerous drug, as defined by Chapter 483,
Health and Safety Code; or
(C) an alcoholic beverage, as defined by Section
1.04, Alcoholic Beverage Code.
SECTION 7. Section 37.006(a), Education Code, is amended to
read as follows:
(a) A student shall be removed from class and placed in a
disciplinary alternative education program as provided by Section
37.008 if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) sells, gives, or delivers to another person
or possesses or uses or is under the influence of:
(i) cannabis [marihuana] or a controlled
substance, as defined by Chapter 481, Health and Safety Code, or by
21 U.S.C. Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code; or
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code.
SECTION 8. Section 37.007(b), Education Code, is amended to
read as follows:
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) sells, gives, or delivers to another person
or possesses, uses, or is under the influence of any amount of:
(i) cannabis [marihuana] or a controlled
substance, as defined by Chapter 481, Health and Safety Code, or by
21 U.S.C. Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(C) engages in conduct that contains the elements
of an offense under Section 22.01(a)(1), Penal Code, against a
school district employee or a volunteer as defined by Section
22.053; or
(D) engages in conduct that contains the elements
of the offense of deadly conduct under Section 22.05, Penal Code;
(3) subject to Subsection (d), while within 300 feet
of school property, as measured from any point on the school's real
property boundary line:
(A) engages in conduct specified by Subsection
(a); or
(B) possesses a firearm, as defined by 18 U.S.C.
Section 921;
(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(A) or (C) or the offense of
aggravated robbery under Section 29.03, Penal Code, against another
student, without regard to whether the conduct occurs on or off of
school property or while attending a school-sponsored or
school-related activity on or off of school property; or
(5) engages in conduct that contains the elements of
the offense of breach of computer security under Section 33.02,
Penal Code, if:
(A) the conduct involves accessing a computer,
computer network, or computer system owned by or operated on behalf
of a school district; and
(B) the student knowingly:
(i) alters, damages, or deletes school
district property or information; or
(ii) commits a breach of any other
computer, computer network, or computer system.
SECTION 9. Section 37.015(a), Education Code, is amended to
read as follows:
(a) The principal of a public or private primary or
secondary school, or a person designated by the principal under
Subsection (d), shall notify any school district police department
and the police department of the municipality in which the school is
located or, if the school is not in a municipality, the sheriff of
the county in which the school is located if the principal has
reasonable grounds to believe that any of the following activities
occur in school, on school property, or at a school-sponsored or
school-related activity on or off school property, whether or not
the activity is investigated by school security officers:
(1) conduct that may constitute an offense listed
under Section 508.149, Government Code;
(2) deadly conduct under Section 22.05, Penal Code;
(3) a terroristic threat under Section 22.07, Penal
Code;
(4) the use, sale, or possession of a controlled
substance, drug paraphernalia, or cannabis [marihuana] under
Chapter 481, Health and Safety Code;
(5) the possession of any of the weapons or devices
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
Code;
(6) conduct that may constitute a criminal offense
under Section 71.02, Penal Code; or
(7) conduct that may constitute a criminal offense for
which a student may be expelled under Section 37.007(a), (d), or
(e).
SECTION 10. Section 37.016, Education Code, is amended to
read as follows:
Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
teacher, school administrator, or school employee is not liable in
civil damages for reporting to a school administrator or
governmental authority, in the exercise of professional judgment
within the scope of the teacher's, administrator's, or employee's
duties, a student whom the teacher suspects of using, passing, or
selling, on school property:
(1) cannabis [marihuana] or a controlled substance, as
defined by Chapter 481, Health and Safety Code;
(2) a dangerous drug, as defined by Chapter 483,
Health and Safety Code;
(3) an abusable glue or aerosol paint, as defined by
Chapter 485, Health and Safety Code, or a volatile chemical, as
listed in Chapter 484, Health and Safety Code, if the substance is
used or sold for the purpose of inhaling its fumes or vapors; or
(4) an alcoholic beverage, as defined by Section 1.04,
Alcoholic Beverage Code.
SECTION 11. Section 76.017(b), Government Code, is amended
to read as follows:
(b) The program must:
(1) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which an element of the offense is the use or possession of alcohol
or the use, possession, or sale of a controlled substance or
cannabis [marihuana];
(2) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which the use of alcohol or drugs is suspected to have significantly
contributed to the offense for which the individual has been
arrested;
(3) coordinate the evaluation and referral to
treatment services; and
(4) make referrals for the appropriate treatment of a
person determined to be in need of treatment, including referrals
to a community corrections facility as defined by Section 509.001.
SECTION 12. Section 123.002, Government Code, is amended to
read as follows:
Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county or governing body of a municipality
may establish the following types of drug court programs:
(1) drug courts for persons arrested for, charged
with, or convicted of:
(A) an offense in which an element of the offense
is the use or possession of alcohol or the use, possession, or sale
of a controlled substance, a controlled substance analogue, or
cannabis [marihuana]; or
(B) an offense in which the use of alcohol or a
controlled substance is suspected to have significantly
contributed to the commission of the offense and the offense did not
involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(2) drug courts for juveniles detained for, taken into
custody for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which an element of the conduct is the use or possession of alcohol
or the use, possession, or sale of a controlled substance, a
controlled substance analogue, or cannabis [marihuana]; or
(B) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which the use of alcohol or a controlled substance is suspected to
have significantly contributed to the commission of the conduct and
the conduct did not involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(3) reentry drug courts for persons with a
demonstrated history of using alcohol or a controlled substance who
may benefit from a program designed to facilitate the person's
transition and reintegration into the community on release from a
state or local correctional facility;
(4) family dependency drug treatment courts for family
members involved in a suit affecting the parent-child relationship
in which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described
by Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 123.001.
SECTION 13. Sections 481.002(17), (25), and (26), Health
and Safety Code, are amended to read as follows:
(17) "Drug paraphernalia" means equipment, a product,
or material that is used or intended for use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing,
or concealing a controlled substance in violation of this chapter
or in injecting, ingesting, inhaling, or otherwise introducing into
the human body a controlled substance in violation of this chapter.
The term includes:
(A) a kit used or intended for use in planting,
propagating, cultivating, growing, or harvesting a species of plant
that is a controlled substance or from which a controlled substance
may be derived;
(B) a material, compound, mixture, preparation,
or kit used or intended for use in manufacturing, compounding,
converting, producing, processing, or preparing a controlled
substance;
(C) an isomerization device used or intended for
use in increasing the potency of a species of plant that is a
controlled substance;
(D) testing equipment used or intended for use in
identifying or in analyzing the strength, effectiveness, or purity
of a controlled substance;
(E) a scale or balance used or intended for use in
weighing or measuring a controlled substance;
(F) a dilutant or adulterant, such as quinine
hydrochloride, mannitol, inositol, nicotinamide, dextrose,
lactose, or absorbent, blotter-type material, that is used or
intended to be used to increase the amount or weight of or to
transfer a controlled substance regardless of whether the dilutant
or adulterant diminishes the efficacy of the controlled substance;
(G) a separation gin or sifter used or intended
for use in removing twigs and seeds from or in otherwise cleaning or
refining cannabis [marihuana];
(H) a blender, bowl, container, spoon, or mixing
device used or intended for use in compounding a controlled
substance;
(I) a capsule, balloon, envelope, or other
container used or intended for use in packaging small quantities of
a controlled substance;
(J) a container or other object used or intended
for use in storing or concealing a controlled substance;
(K) a hypodermic syringe, needle, or other object
used or intended for use in parenterally injecting a controlled
substance into the human body; and
(L) an object used or intended for use in
ingesting, inhaling, or otherwise introducing cannabis
[marihuana], cocaine, hashish, or hashish oil into the human body,
including:
(i) a metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipe with or without a screen, permanent
screen, hashish head, or punctured metal bowl;
(ii) a water pipe;
(iii) a carburetion tube or device;
(iv) a smoking or carburetion mask;
(v) a chamber pipe;
(vi) a carburetor pipe;
(vii) an electric pipe;
(viii) an air-driven pipe;
(ix) a chillum;
(x) a bong; or
(xi) an ice pipe or chiller.
(25) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance other than cannabis [marihuana], directly or
indirectly by extraction from substances of natural origin,
independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes the packaging or
repackaging of the substance or labeling or relabeling of its
container. However, the term does not include the preparation,
compounding, packaging, or labeling of a controlled substance:
(A) by a practitioner as an incident to the
practitioner's administering or dispensing a controlled substance
in the course of professional practice; or
(B) by a practitioner, or by an authorized agent
under the supervision of the practitioner, for or as an incident to
research, teaching, or chemical analysis and not for delivery.
(26) "Cannabis" ["Marihuana"] means the plant
Cannabis sativa L., whether growing or not, the seeds of that plant,
and every compound, manufacture, salt, derivative, mixture, or
preparation of that plant or its seeds. The term does not include:
(A) the resin extracted from a part of the plant
or a compound, manufacture, salt, derivative, mixture, or
preparation of the resin;
(B) the mature stalks of the plant or fiber
produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, fiber, oil, or cake;
or
(E) the sterilized seeds of the plant that are
incapable of beginning germination.
SECTION 14. 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:
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran
(5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran
(6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine
(5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine
(6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other
names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl)
methanol, D2PM);
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);
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
(trade or other name: methoxetamine);
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.);
5-iodo-2-aminoindane (5-IAI);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other
names: 4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone
(some trade and other names: 2-MeO-ketamine; methoxyketamine);
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);
5,6-methylenedioxy-2-aminoindane (MDAI);
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);
Pyrrolidine Analog of Phencyclidine (some trade
or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
Tetrahydrocannabinols, other than cannabis
[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; or
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);
Etaqualone and its salts;
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-trimethylbenzeneethanamine;
N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
and salts of optical isomers;
(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, benzyl, dialkyl, or methoxybenzyl 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) any compound structurally derived from tryptamine
(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A) by modification in any of the following ways:
(i) by substitution at the amine nitrogen
atom of the sidechain to any extent with alkyl or alkenyl groups or
by inclusion of the amine nitrogen atom of the side chain (and no
other atoms of the side chain) in a cyclic structure;
(ii) by substitution at the carbon atom
adjacent to the nitrogen atom of the side chain (alpha-position)
with an alkyl or alkenyl group;
(iii) by substitution in the 6-membered
ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
alkylenedioxy, or halide substituents; or
(iv) by substitution at the 2-position of
the tryptamine ring system with an alkyl substituent; and
(B) including:
(i) ethers and esters of the controlled
substances listed in this subdivision; and
(ii) by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
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);
Dimethyltryptamine (trade or other
name: DMT);
5-methoxy-N, N-diisopropyltryptamine
(5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name:
4-Aco-DMT);
Psilocin; and
Psilocybin;
(6) 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
(7) 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).
SECTION 15. Section 481.1031(b), Health and Safety Code, is
amended to read as follows:
(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 structurally
derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the
5-position of the phenolic ring, (N-methylpiperidin-2-yl)alkyl,
(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, 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 derivatives, except where contained in
cannabis [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).
SECTION 16. Section 481.111(e), Health and Safety Code, is
amended to read as follows:
(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
apply to a person who engages in the acquisition, possession,
production, cultivation, delivery, or disposal of a raw material
used in or by-product created by the production or cultivation of
low-THC cannabis if the person:
(1) for an offense involving possession only of
cannabis [marihuana] or drug paraphernalia, is a patient for whom
low-THC cannabis is prescribed under Chapter 169, Occupations Code,
or the patient's legal guardian, and the person possesses low-THC
cannabis obtained under a valid prescription from a dispensing
organization; or
(2) is a director, manager, or employee of a
dispensing organization and the person, solely in performing the
person's regular duties at the organization, acquires, possesses,
produces, cultivates, dispenses, or disposes of:
(A) in reasonable quantities, any low-THC
cannabis or raw materials used in or by-products created by the
production or cultivation of low-THC cannabis; or
(B) any drug paraphernalia used in the
acquisition, possession, production, cultivation, delivery, or
disposal of low-THC cannabis.
SECTION 17. Section 481.120, Health and Safety Code, is
amended to read as follows:
Sec. 481.120. OFFENSE: DELIVERY OF CANNABIS [MARIHUANA].
(a) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally delivers cannabis
[marihuana].
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of cannabis
[marihuana] delivered is one-fourth ounce or less and the person
committing the offense does not receive remuneration for the
cannabis [marihuana];
(2) a Class A misdemeanor if the amount of cannabis
[marihuana] delivered is one-fourth ounce or less and the person
committing the offense receives remuneration for the cannabis
[marihuana];
(3) a state jail felony if the amount of cannabis
[marihuana] delivered is five pounds or less but more than
one-fourth ounce;
(4) a felony of the second degree if the amount of
cannabis [marihuana] delivered is 50 pounds or less but more than
five pounds;
(5) a felony of the first degree if the amount of
cannabis [marihuana] delivered is 2,000 pounds or less but more
than 50 pounds; and
(6) punishable by imprisonment in the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 10 years, and a fine not to exceed $100,000, if the
amount of cannabis [marihuana] delivered is more than 2,000 pounds.
SECTION 18. Section 481.121, Health and Safety Code, is
amended to read as follows:
Sec. 481.121. OFFENSE: POSSESSION OF CANNABIS [MARIHUANA].
(a) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally possesses a usable
quantity of cannabis [marihuana].
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of cannabis
[marihuana] possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of cannabis
[marihuana] possessed is four ounces or less but more than two
ounces;
(3) a state jail felony if the amount of cannabis
[marihuana] possessed is five pounds or less but more than four
ounces;
(4) a felony of the third degree if the amount of
cannabis [marihuana] possessed is 50 pounds or less but more than 5
pounds;
(5) a felony of the second degree if the amount of
cannabis [marihuana] possessed is 2,000 pounds or less but more
than 50 pounds; and
(6) punishable by imprisonment in the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 5 years, and a fine not to exceed $50,000, if the amount
of cannabis [marihuana] possessed is more than 2,000 pounds.
SECTION 19. The heading to Section 481.122, Health and
Safety Code, is amended to read as follows:
Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR
CANNABIS [MARIHUANA] TO CHILD.
SECTION 20. Sections 481.122(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A person commits an offense if the person knowingly
delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
or 3 or knowingly delivers cannabis [marihuana] and the person
delivers the controlled substance or cannabis [marihuana] to a
person:
(1) who is a child;
(2) who is enrolled in a public or private primary or
secondary school; or
(3) who the actor knows or believes intends to deliver
the controlled substance or cannabis [marihuana] to a person
described by Subdivision (1) or (2).
(b) It is an affirmative defense to prosecution under this
section that:
(1) the actor was a child when the offense was
committed; or
(2) the actor:
(A) was younger than 21 years of age when the
offense was committed;
(B) delivered only cannabis [marihuana] in an
amount equal to or less than one-fourth ounce; and
(C) did not receive remuneration for the
delivery.
SECTION 21. Section 481.133(c), Health and Safety Code, is
amended to read as follows:
(c) In this section, "drug test" means a lawfully
administered test designed to detect the presence of a controlled
substance or cannabis [marihuana].
SECTION 22. Section 31.0031(d), Human Resources Code, is
amended to read as follows:
(d) The responsibility agreement shall require that:
(1) the parent of a dependent child cooperate with the
commission and the Title IV-D agency if necessary to establish the
paternity of the dependent child and to establish or enforce child
support;
(2) if adequate and accessible providers of the
services are available in the geographic area and subject to the
availability of funds, each dependent child, as appropriate,
complete early and periodic screening, diagnosis, and treatment
checkups on schedule and receive the immunization series prescribed
by Section 161.004, Health and Safety Code, unless the child is
exempt under that section;
(3) each adult recipient, or teen parent recipient who
has completed the requirements regarding school attendance in
Subdivision (6), not voluntarily terminate paid employment of at
least 30 hours each week without good cause in accordance with rules
adopted by the executive commissioner;
(4) each adult recipient for whom a needs assessment
is conducted participate in an activity to enable that person to
become self-sufficient by:
(A) continuing the person's education or
becoming literate;
(B) entering a job placement or employment skills
training program;
(C) serving as a volunteer in the person's
community; or
(D) serving in a community work program or other
work program approved by the commission;
(5) each caretaker relative or parent receiving
assistance not use, sell, or possess cannabis [marihuana] or a
controlled substance in violation of Chapter 481, Health and Safety
Code, or abuse alcohol;
(6) each dependent child younger than 18 years of age
or teen parent younger than 19 years of age attend school regularly,
unless the child has a high school diploma or high school
equivalency certificate or is specifically exempted from school
attendance under Section 25.086, Education Code;
(7) each recipient comply with commission rules
regarding proof of school attendance; and
(8) each recipient attend appropriate parenting
skills training classes, as determined by the needs assessment.
SECTION 23. Section 1355.006, Insurance Code, is amended to
read as follows:
Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
CONTROLLED SUBSTANCE OR CANNABIS [MARIHUANA] NOT REQUIRED. (a) In
this section, "cannabis" and "controlled substance" [and
"marihuana"] have the meanings assigned by Section 481.002, Health
and Safety Code.
(b) This subchapter does not require a group health benefit
plan to provide coverage for the treatment of:
(1) addiction to a controlled substance or cannabis
[marihuana] that is used in violation of law; or
(2) mental illness that results from the use of a
controlled substance or cannabis [marihuana] in violation of law.
SECTION 24. This Act takes effect September 1, 2019.