Texas 2025 - 89th Regular

Texas Senate Bill SB1868 Latest Draft

Bill / Senate Committee Report Version Filed 04/10/2025

Download
.pdf .doc .html
                            By: Perry S.B. No. 1868
 (In the Senate - Filed March 4, 2025; March 17, 2025, read
 first time and referred to Committee on State Affairs;
 April 10, 2025, reported adversely, with favorable Committee
 Substitute by the following vote:  Yeas 10, Nays 0; April 10, 2025,
 sent to printer.)
Click here to see the committee vote
 COMMITTEE SUBSTITUTE FOR S.B. No. 1868 By:  Perry




 A BILL TO BE ENTITLED
 AN ACT
 relating to adding certain substances to the Texas Controlled
 Substances Act and regulating kratom and kratom products;
 increasing civil penalties; creating criminal offenses; increasing
 a criminal penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 444, Health and Safety Code, as added by
 Chapter 2 (S.B. 497), Acts of the 88th Legislature, Regular
 Session, 2023, is redesignated as Chapter 445, Health and Safety
 Code, and amended to read as follows:
 CHAPTER 445 [444].  MANUFACTURE, DISTRIBUTION, AND SALE OF KRATOM
 PRODUCTS
 Sec. 445.001 [444.001].  DEFINITIONS. In this chapter:
 (1)  "Food" has the meaning assigned by Section
 431.002.
 (2)  "Kratom" means any part of the leaf of the plant of
 the species Mitragyna speciosa.
 (3)  "Kratom processor" means a person who:
 (A)  processes kratom for a kratom product;
 (B)  manufactures, prepares, or distributes[, or
 maintains] kratom products for sale;
 (C) [(B)]  advertises, represents, or holds
 oneself out as a manufacturer or[,] preparer[, or seller] of kratom
 products;
 (D) [(C)]  is responsible for ensuring the purity
 and proper labeling of kratom products; or
 (E) [(D)]  packages or labels kratom products.
 (4)  "Kratom product" means a food that contains[,
 including an extract, capsule, or pill, containing any form of]
 kratom.
 (5)  "Kratom retailer" means a person [kratom
 processor] who sells or offers for sale kratom products to
 consumers or who advertises, represents, or holds oneself out as a
 person who sells kratom products to consumers.
 (6)  "Manufacture" has the meaning assigned by Section
 431.002.
 Sec. 445.002 [444.002].  TESTING AND LABELING [LABEL]
 REQUIRED. (a)  Before a kratom product is sold at retail or
 otherwise introduced into commerce in this state, a sample
 representing the kratom product must be tested:
 (1)  by a laboratory that is:
 (A)  located in this state; and
 (B)  accredited by an accreditation body in
 accordance with International Organization for Standardization
 ISO/IEC 17025 or a comparable or successor standard; and
 (2)  to determine:
 (A)  the concentration and identity of the
 alkaloids in the product; and
 (B)  the presence or quantity of heavy metals,
 pesticides, microbial contamination, and any other substances in
 the product as prescribed by the executive commissioner.
 (b)  A kratom processor shall label each kratom product with
 the product use directions necessary to ensure safe use of the
 product by a consumer, including the recommended serving size for
 the product.
 (c) [(b)]  A kratom retailer may only sell a kratom product
 that is properly tested and labeled in accordance with this
 section.
 (d)  A person commits an offense if the person sells or
 offers for sale a kratom product that is not tested or labeled as
 required by this section.
 (e)  An offense under this section is a Class A misdemeanor.
 Sec. 445.003  [444.003].  ADULTERATED, CONTAMINATED, AND
 PROHIBITED KRATOM PRODUCTS. A person [kratom processor or kratom
 retailer] may not manufacture, prepare, distribute, sell, or offer
 for sale [to sell] a kratom product that:
 (1)  is adulterated with a dangerous non-kratom
 substance affecting the quality or strength of the product to a
 degree that renders the product injurious to a consumer;
 (2)  is contaminated with a poisonous or otherwise
 deleterious non-kratom substance, including any substance
 designated as a controlled substance by Chapter 481 (Texas
 Controlled Substances Act);
 (3)  contains a level of 7-hydroxymitragynine in the
 alkaloid fraction that is greater than 0.1 [two] percent of the
 overall alkaloid composition of the product; [or]
 (4)  contains any artificial or synthetic alkaloids,
 including artificial or synthetic 7-hydroxymitragynine and
 synthetically derived compounds from [a] kratom;
 (5)  is a prepackaged beverage; or
 (6)  is a prepackaged food other than:
 (A)  raw or dried kratom leaves;
 (B)  ground kratom leaves;
 (C)  kratom leaf powder; or
 (D)  clear capsules containing kratom leaf powder
 [plant].
 Sec. 445.004  [444.004].  OFFENSE: [FOR] DISTRIBUTION OR
 SALE OF KRATOM PRODUCT TO INDIVIDUAL YOUNGER THAN 21 YEARS OF AGE
 [MINOR]. (a)  A person commits an offense if the person
 distributes, sells, or exposes for sale a kratom product to an
 individual younger than 21 [18] years of age.
 (b)  An offense under this section is a Class A [C]
 misdemeanor.
 Sec. 445.005.  OFFENSE: SALE OR DELIVERY OF CERTAIN KRATOM
 PRODUCTS NEAR SCHOOL. (a)  In this section, "school" and
 "premises" have the meanings assigned by Section 481.134.
 (b)  A person commits an offense if the person sells, offers
 for sale, or delivers a kratom product in, on, or within 1,000 feet
 of the premises of a school.
 (c)  An offense under this section is a Class A misdemeanor.
 Sec. 445.006.  OFFENSE: FALSE LABORATORY REPORT. (a)  A
 person commits an offense if the person, with the intent to deceive,
 forges, falsifies, or alters the results of a laboratory test
 authorized or required by this chapter.
 (b)  An offense under this section is a felony of the third
 degree.
 Sec. 445.007.  OFFENSE: SALE OF OTHER PRODUCTS PROHIBITED.
 (a)  A person commits an offense if the person sells or offers for
 sale a kratom product at a location that also sells or offers for
 sale:
 (1)  a consumable hemp product as defined by Section
 443.001;
 (2)  a cigarette, e-cigarette, or tobacco product as
 defined by Section 161.081; or
 (3)  an alcoholic beverage as defined by Section 1.04,
 Alcoholic Beverage Code.
 (b)  An offense under this section is a Class A misdemeanor.
 Sec. 445.008  [444.005].  CIVIL PENALTY. (a)  A person who
 violates this chapter is subject to a civil penalty in the amount
 of:
 (1)  $2,500 [$250] for the first violation;
 (2)  $5,000 [$500] for the second violation; and
 (3)  $10,000 [$1,000] for each subsequent violation.
 (b)  Each day a violation continues or occurs is a separate
 violation for purposes of imposing a penalty under this section.
 (c)  [A kratom retailer is not liable for a civil penalty
 under this section for a violation of Section 444.002 or 444.003 if
 the kratom retailer proves by a preponderance of the evidence that
 the violation was unintentional and due to the kratom retailer's
 good faith reliance on the representation of another kratom
 processor.
 [(d)]  The attorney general or the district or county
 attorney for the county or municipal attorney for the municipality
 in which the violation is alleged to have occurred may bring an
 action to recover a civil penalty under this section.
 Sec. 445.009  [444.006].  PENALTIES UNDER OTHER LAW. The
 penalties prescribed by this chapter are in addition to any other
 penalties prescribed by law, including penalties prescribed by
 Chapters 431 and 481.
 Sec. 445.010 [444.007].  RULES. The executive commissioner
 may adopt rules consistent with this chapter as necessary to ensure
 the safe consumption and distribution of kratom and kratom
 products.
 SECTION 2.  Section 481.002, Health and Safety Code, is
 amended by adding Subdivision (56) to read as follows:
 (56)  "Kratom" means any part of the leaf of the plant
 of the species Mitragyna speciosa.
 SECTION 3.  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;
 Etodesnitazene;
 Etonitazene;
 Etoxeridine;
 Furethidine;
 Hydroxypethidine;
 Ketobemidone;
 Levophenacylmorphan;
 Meprodine;
 Methadol;
 Moramide;
 Morpheridine;
 Noracymethadol;
 Norlevorphanol;
 Normethadone;
 Norpipanone;
 N-pyrrolidino etonitazene;
 Phenadoxone;
 Phenampromide;
 Phenomorphan;
 Phenoperidine;
 Piritramide;
 Proheptazine;
 Properidine;
 Propiram;
 Protonitazene;
 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 alkaloids, other than within kratom,
 as well as artificial equivalents of the substances naturally
 created in a plant of the species Mitragyna speciosa, as well as
 synthetic equivalents of the substances naturally created in a
 plant of the species Mitragyna speciosa, including:
 (i)  mitragynine;
 (ii)  7-hydroxymitragynine;
 (iii)  corynantheidine;
 (iv)  speciofoline;
 (v)  speciociliatine;
 (vi)  speciogynine;
 (vii)  paynantheine;
 (viii)  mitraciliatine; and
 (ix)  corynoxine;
 (G)  any salt, isomer, salt of isomer, compound,
 derivative, extract, or preparation of a substance described by
 Paragraph (F) with similar pharmacological activity, as well as any
 other analogue of a substance described by Paragraph (F) intended
 to interact with human opioid receptors; and
 (H)  Tianeptine and any salt, isomer, salt of
 isomer, compound, derivative, extract, or preparation of
 tianeptine with similar pharmacological activity, as well as any
 other analogue of tianeptine intended to interact with human opioid
 receptors;
 (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 4.  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-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); and
 (8)  any quantity of the following hallucinogenic
 substances, their salts, isomers, salts of isomers, ethers, and
 esters unless specifically excepted, if the existence of these
 salts, isomers, salts of isomers, ethers, and esters is possible:
 Ibotenic acid; and
 Muscimol.
 SECTION 5.  The changes in law made by this Act apply 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 6.  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 7.  This Act takes effect September 1, 2025.
 * * * * *