89R6310 KRM-D
By: Perry S.B. No. 1868
A BILL TO BE ENTITLED
AN ACT
relating to adding certain substances to the Texas Controlled
Substances Act and prohibiting the production, manufacture,
distribution, delivery, sale, and possession of certain
hallucinogenic substances; creating criminal offenses.
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:
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;
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;
(F) kratom and kratom products, including:
(i) Mitragynine, mitragynine naturally
contained in the plant Mitragyna speciosa Korth, synthetic
equivalents of the substances contained in the plant, and their
isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers; and
(ii) 7-Hydroxymitragynine, 7-
hydroxymitragynine naturally contained in the plant Mitragyna
speciosa Korth, synthetic equivalents of the substances contained
in the plant, and their isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers; and
(G) Tianeptine;
(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:
Alphaprodine;
Anileridine;
Bezitramide;
Dihydrocodeine not listed in Penalty Group 3 or 4;
Diphenoxylate not listed in Penalty Group 3 or 4;
Isomethadone;
Levomethorphan;
Levorphanol;
Metazocine;
Methadone;
Methadone-Intermediate, 4-cyano-2-dimethylamino-
4, 4-diphenyl butane;
Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenyl-propane-carboxylic acid;
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;
(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. Subtitle C, Title 6, Health and Safety Code, is
amended by adding Chapter 491 to read as follows:
CHAPTER 491. HALLUCINOGENIC SUBSTANCES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 491.001. DEFINITION. In this chapter, "hallucinogenic
substance" means any part, portion, or derivative of any of the
following plants or fungi:
(1) Brugmansia arborea;
(2) Amanita muscaria;
(3) Conocybe spp.;
(4) Panaeolus spp.;
(5) Psilocybe spp.;
(6) Stropharia spp.;
(7) Vinca rosea;
(8) Ipomoea violacea;
(9) Datura spp.;
(10) Pancreatium trianthum;
(11) Kaempferia galanga;
(12) Olmedioperebea sclerophylla;
(13) Mesembryanthemum spp.;
(14) Virola spp.;
(15) Anadenanthera peregrina;
(16) Anadenanthera colubrina;
(17) Erythina spp.;
(18) Genista canariensis;
(19) Mimosa hostilis;
(20) Rhynchosia spp.;
(21) Sophora secundiflora;
(22) Peganum harmala;
(23) Banisteriopsis spp.;
(24) Tetrapterys methystica;
(25) Heimia salicifolia;
(26) Tabernanthe iboga;
(27) Prestonia amazonica;
(28) Lagochilus inebrians;
(29) Rivea corymbosa;
(30) Salvia divinorum;
(31) Atropa belladonna;
(32) Hyoscyamus niger;
(33) Mandragora officinarum;
(34) Brunfelsia spp.;
(35) Methysticodendron amesianum;
(36) Latua pubiflora;
(37) Calea Zacatechichi;
(38) Physalis subglabrata;
(39) Solanum carolinense; and
(40) Amanita pantherina.
SUBCHAPTER B. PROHIBITED ACTS; PENALTIES
Sec. 491.051. OFFENSE: PRODUCTION, MANUFACTURE,
DISTRIBUTION, DELIVERY, SALE, OR POSSESSION OF HALLUCINOGENIC
SUBSTANCE. (a) A person commits an offense if the person knowingly
produces, manufactures, distributes, delivers, sells, or possesses
with intent to produce, manufacture, distribute, deliver, or sell a
material, compound, mixture, or preparation that contains a
hallucinogenic substance.
(b) A person commits an offense if the person knowingly
possesses a material, compound, mixture, or preparation that
contains a hallucinogenic substance.
(c) An offense under Subsection (a) is a state jail felony.
(d) An offense under Subsection (b) is a Class B
misdemeanor.
(e) If conduct constituting an offense under this section
also constitutes an offense under another provision of law, the
person may be prosecuted under either this section or the other
provision.
Sec. 491.052. CIVIL PENALTY. (a) The attorney general or a
district, county, or city attorney may institute an action in
district court to collect a civil penalty from a person who
produces, manufactures, distributes, delivers, sells, or possesses
with intent to produce, manufacture, distribute, deliver, or sell a
material, compound, mixture, or preparation that contains a
hallucinogenic substance.
(b) The civil penalty may not exceed $25,000 a day for each
offense. Each day an offense is committed constitutes a separate
violation for purposes of the penalty assessment.
(c) Venue for a suit brought under this section is in the
city or county in which the offense occurred or in Travis County.
(d) A civil penalty recovered in a suit instituted by a
local government under this section shall be paid to that local
government.
Sec. 491.053. NO DEFENSE. In a prosecution or civil action
under this subchapter, the fact that the hallucinogenic substance
was in packaging labeled with "Not for Human Consumption," or other
wording indicating the substance is not intended to be ingested, is
not a defense.
Sec. 491.054. PENALTIES UNDER OTHER LAW. A penalty imposed
for an offense under this subchapter is in addition to any civil or
administrative penalty or other sanction imposed by law.
SECTION 3. Chapter 444, Health and Safety Code, as added by
Chapter 2 (S.B. 497), Acts of the 88th Legislature, Regular
Session, 2023, is repealed.
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. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2025.