86R12665 JSC-F By: Miles S.B. No. 1646 A BILL TO BE ENTITLED AN ACT relating to the controlled substances listed in Penalty Groups 1, 2, and 2-A under the Texas Controlled Substances Act. 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 and opioids, 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: (A) [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; and Racemorphan[; [Remifentanil; and [Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide)]; and (B) a substance related to fentanyl, unless specifically excepted or controlled in another Penalty Group, including any substance that is structurally related to fentanyl by one or more of the following modifications: (i) substitution on or replacement of the phenethyl group, such as: Alpha methyl fentanyl; Benzyl fentanyl; and Thionyl fentanyl (HCl); (ii) substitution on the piperidine ring, such as: Carfentanil; 3-Fluorofentanyl (HCl); and 4-Phenyl fentanyl (HCl); (iii) substitution on the aniline ring, such as: para-Fluorofentanyl; meta-Fluorofentanyl; and ortho-Fluorofentanyl; and (iv) substitution or replacement of the N-propionyl group, such as: Acetyl fentanyl (HCL); Benzodioxole fentanyl; and Furanyl fentanyl (HCl); (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; (10) Ketamine; (11) Phenazepam; (12) U-47700; (13) AH-7921; (14) ADB-FUBINACA; (15) AMB-FUBINACA; and (16) MDMB-CHMICA. SECTION 2. 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 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-9-tetrahydrocannabinolic acid (some trade name or other name: THCA-A and THCA-B); delta-9-tetrahydrocannabinol, and its optical isomers; 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 3. 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, beta carboline, benzimidazole, benzothiazole, carbazole, gamma carboline, imidazole, indane, indazole, indene, indole, naphthalene, pyrazole, pyrazolopyridine, pyridine, or pyrrole. (2) "Group A component" is one of the following: adamantane, benzylpiperazine, benzyl, cumene [benzene], cycloalkylmethyl, cyclopropylmethyl, isoquinoline, methylpiperazine, naphthalene, pyrrolidine, phenyl, quinoline, tetrahydronaphthalene, tetramethylcyclopropane, amino oxobutane, amino methyl ovobutane, amino dimethyl oxobutane, amino phenyl oxopropane, amino oxopentane, ethoxy oxobutane, ethoxy methyl oxobutane, ethoxy dimethyl oxobutane, ethoxy phenyl oxopropane, ethoxy oxopentane, methoxy oxobutane, methoxy methyl oxobutane [methyl methoxy oxobutane], methoxy dimethyl oxobutane, methoxy phenyl oxopropane, methoxy oxopentane, or any substituted [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 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 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, such as [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, such as [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, such as [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, such as [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 Synthetic chemical compounds with a carbazole core structure, regardless of numerical designation of atomic positions, since this core structure is symmetrical; (9) any compound containing a core component substituted at the 1-position to any extent and substituted at the 5-position with a link component attached to a group A component, regardless of whether the core component or group A component are further substituted to any extent, such as: 5-fluoro-3,5-ADB-PFUPPYCA (5f-AB-PFUPPYCA); (10) any compound containing a core component substituted at the 2-position to any extent and substituted at the 3-position with a link component attached to a group A component, regardless of whether the core component or group A component are further substituted to any extent, such as: AB-CHMINACA (2H) indazole; and (11) any compound containing a core component substituted at the 5-position to any extent and substituted at the 2-position with a group A component, regardless of whether the core component or group A component are further substituted to any extent, such as: Cumyl-PeGACLONE. (c) In this section, a synthetic chemical substance analogue is: (1) any substance, unless specifically excepted, that has two of the three components as defined by Subsection (a) and a numerical core-link position that is listed in Subsection (b)(5), (6), (7), (8), (9), or (10); (2) any substance, unless specifically excepted, that has a core, link, and group A component as defined by Subsection (a) but does not have a numerical core-link position that is listed in Subsection (b)(5), (6), (7), (8), (9), or (10); or (3) any substance, unless specifically excepted, that has a core component or group A component as defined by Subsection (a) and a numerical core-group A position that is listed in Subsection (b)(11). 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, 2019.