Bill Text: TX HB2880 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the placement of certain substances in Penalty Groups 2 and 2-A of the Texas Controlled Substances Act for the purpose of prosecution of criminal offenses involving those substances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to Criminal Jurisprudence [HB2880 Detail]
Download: Texas-2015-HB2880-Introduced.html
84R10902 GCB-D | ||
By: Price | H.B. No. 2880 |
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relating to the placement of certain substances in Penalty Groups 2 | ||
and 2-A of the Texas Controlled Substances Act for the purpose of | ||
prosecution of criminal offenses involving those substances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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: | ||
alpha-ethyltryptamine; | ||
alpha-methyltryptamine; | ||
5-methoxy-alpha-methyltryptamine; | ||
(2-aminopropyl) Benzofuran (trade or other name: | ||
APB); | ||
(2-aminopropyl) Dihydrobenzofuran (trade or other | ||
name: APDB); | ||
4-bromo-2, 5-dimethoxyamphetamine (some trade or | ||
other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine; | ||
4-bromo-2, 5-DMA); | ||
4-bromo-2, 5-dimethoxyphenethylamine; | ||
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); | ||
[3-(3-Carbamoylphenyl)phenyl]N-cyclohexyl | ||
Carbamate (trade or other name: URB-597); | ||
Diethyltryptamine (some trade and other | ||
names: N, N-Diethyltryptamine, DET); | ||
2, 5-dimethoxyamphetamine (some trade or other | ||
names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA); | ||
2, 5-dimethoxy-4-ethylamphetamine (trade or other | ||
name: DOET); | ||
2, 5-dimethoxy-4-(n)-propylthiophenethylamine | ||
(trade or other name: 2C-T-7); | ||
Dimethyltryptamine (trade or other name: DMT); | ||
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); | ||
Fentanyl mimetic substances structurally derived | ||
from fentanyl by substitution in the phenethyl group, substitution | ||
in the piperidine ring, substitution in the aniline ring, | ||
replacement of the phenyl portion of the phenethyl group, | ||
replacement of the N-Propionyl group, or any combination of those | ||
substitutions or replacements; | ||
Hydroxyphencyclidine (trade or other name: | ||
HO-PCP); | ||
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.); | ||
Mescaline; | ||
5-methoxy-N, N-diisopropyltryptamine; | ||
5-methoxy-3, 4-methylenedioxy amphetamine; | ||
4-methoxyamphetamine (some trade or other | ||
names: 4-methoxy-alpha-methylphenethylamine; | ||
paramethoxyamphetamine; PMA); | ||
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); | ||
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; | ||
N-methyltryptamine mimetic substances | ||
structurally derived from N-methyltryptamine by substitution at | ||
the nitrogen atom, substitution at the indole ring, substitution at | ||
the alpha carbon, substitution at the beta carbon, or any | ||
combination of those substitutions, excluding | ||
5-methoxy-N-Acetyltryptamine, and including, by example: | ||
ACO-DMT; | ||
Baeocystine; | ||
BROMO-DALT; | ||
DIPT; | ||
DMT; | ||
DPT; | ||
HO-DET; | ||
HO-DIPT; | ||
HO-DMT; | ||
HO-DPT; | ||
HO-MET; | ||
MEO-DALT; | ||
MEO-DET; | ||
MEO-DIPT; | ||
MEO-DPT; | ||
MEO-NMT; | ||
MET; | ||
NMT; and | ||
Norbufotenin; | ||
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); | ||
Phencyclidine mimetic substances structurally | ||
derived from phenylcyclohexylpiperidine by substitution at the | ||
phenyl ring, substitution at the piperidine ring, substitution at | ||
the cyclohexyl ring, replacement of the phenyl ring, or any | ||
combination of those substitutions or replacements, including, by | ||
example, compounds such as: | ||
Amino-PCP; | ||
BCP; | ||
Bromo-PCP; | ||
BTCP; | ||
Chloro-PCP; | ||
Fluoro-PCP; | ||
HO-PCP; | ||
MEO-PCP; | ||
Methyl-PCP; | ||
Nitro-PCP; | ||
OXO-PCP; | ||
PCE; | ||
PCM; | ||
PCPY; | ||
TCP; and | ||
TCPY; | ||
1-Phenylcyclohexylamine; | ||
1-Piperidinocyclohexanecarbonitrile (PCC); | ||
Psilacetin; | ||
Psilocin; | ||
Psilocybin; | ||
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; and | ||
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: | ||
Aminoindane mimetic substances structurally | ||
derived from Aminoindane by substitution at the nitrogen atom, | ||
substitution at the indane ring, replacement of the amino group | ||
with another N group or any carbon, or any combination of those | ||
substitutions or replacements, including, by example, compounds | ||
such as: | ||
AMMI; | ||
IAI; | ||
MDAI; and | ||
MMAI; | ||
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); | ||
Etorphine Hydrochloride; | ||
Fenethylline and its salts; | ||
Fluoroamphetamine; | ||
Fluoromethamphetamine; | ||
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)propiophenone | ||
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2-(methylamino)-1-phenylpropan-1-one; | ||
alpha-N-methylaminopropiophenone [ |
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methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR | ||
1431); | ||
Methiopropamine; | ||
2-(Methoxyphenyl)-2- | ||
(ethylamino)cyclohexanone(methoxetamine); | ||
2-(Methoxyphenyl)-2- | ||
(methylamino)cyclohexanone(methoxyketamine); | ||
Methoxyphencyclidine (trade or other name: | ||
MEO-PCP); | ||
Alpha-Pyrrolidinovalerothiophenone (trade or | ||
other name: alpha-PVT); | ||
N-Ethylamphetamine, its salts, optical isomers, | ||
and salts of optical isomers; and | ||
N,N-dimethylamphetamine (some trade or other | ||
names: N,N,alpha-trimethylbenzeneethaneamine; | ||
N,N,alpha-trimethylphenethylamine), its salts, optical isomers, | ||
and salts of optical isomers; and | ||
(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 or dialkyl 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); | ||
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). | ||
SECTION 2. Section 481.1031, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.1031. PENALTY GROUP 2-A. Penalty Group 2-A | ||
consists of any quantity of a synthetic chemical compound that is a | ||
cannabinoid receptor agonist and mimics the pharmacological effect | ||
of naturally occurring cannabinoids, including: | ||
naphthoylindoles structurally derived from | ||
3-(1-naphthoyl)indole by substitution at the nitrogen atom of the | ||
indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||
or 2-(4-morpholinyl)ethyl, whether or not further substituted in | ||
the indole ring to any extent, whether or not substituted in the | ||
napthyl ring to any extent, including: | ||
AM-2201; | ||
JWH-004; | ||
JWH-007; | ||
JWH-009; | ||
JWH-015; | ||
JWH-016; | ||
JWH-018; | ||
JWH-019; | ||
JWH-020; | ||
JWH-046; | ||
JWH-047; | ||
JWH-048; | ||
JWH-049; | ||
JWH-050; | ||
JWH-073; | ||
JWH-076; | ||
JWH-079; | ||
JWH-080; | ||
JWH-081; | ||
JWH-082; | ||
JWH-083; | ||
JWH-093; | ||
JWH-094; | ||
JWH-095; | ||
JWH-096; | ||
JWH-097; | ||
JWH-098; | ||
JWH-099; | ||
JWH-100; | ||
JWH-116; | ||
JWH-122; | ||
JWH-148; | ||
JWH-149; | ||
JWH-153; | ||
JWH-159; | ||
JWH-164; | ||
JWH-165; | ||
JWH-166; | ||
JWH-180; | ||
JWH-181; | ||
JWH-182; | ||
JWH-189; | ||
JWH-193; | ||
JWH-198; | ||
JWH-200; | ||
JWH-210; | ||
JWH-211; | ||
JWH-212; | ||
JWH-213; | ||
JWH-234; | ||
JWH-235; | ||
JWH-239; | ||
JWH-240; | ||
JWH-241; | ||
JWH-242; | ||
JWH-258; | ||
JWH-259; | ||
JWH-260; | ||
JWH-262; | ||
JWH-267; | ||
JWH-386; | ||
JWH-387; | ||
JWH-394; | ||
JWH-395; | ||
JWH-397; | ||
JWH-398; | ||
JWH-399; | ||
JWH-400; | ||
JWH-412; | ||
JWH-413; and | ||
JWH-414; | ||
naphthylmethylindones structurally derived from | ||
1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen | ||
atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further | ||
substituted in the indole ring to any extent, whether or not | ||
substituted in the naphthyl ring to any extent, including: | ||
JWH-175; | ||
JWH-184; | ||
JWH-185; | ||
JWH-192; | ||
JWH-194; | ||
JWH-195; | ||
JWH-196; | ||
JWH-197; and | ||
JWH-199; | ||
naphthoylpyrroles structurally derived from | ||
3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the | ||
pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||
or 2-(4-morpholinyl)ethyl, whether or not further substituted in | ||
the pyrrole ring to any extent, whether or not substituted in the | ||
naphthyl ring to any extent, including: | ||
JWH-030; | ||
JWH-145; | ||
JWH-146; | ||
JWH-147; | ||
JWH-150; | ||
JWH-156; | ||
JWH-243; | ||
JWH-244; | ||
JWH-245; | ||
JWH-246; | ||
JWH-292; | ||
JWH-293; | ||
JWH-307; | ||
JWH-308; | ||
JWH-309; | ||
JWH-346; | ||
JWH-347; | ||
JWH-348; | ||
JWH-363; | ||
JWH-364; | ||
JWH-365; | ||
JWH-366; | ||
JWH-367; | ||
JWH-368; | ||
JWH-369; | ||
JWH-370; | ||
JWH-371; | ||
JWH-372; | ||
JWH-373; and | ||
JWH-392; | ||
naphthylmethylindenes structurally derived from | ||
1-(1-naphthylmethyl)indene by substitution at the 3-position of | ||
the indene ring by alkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further | ||
substituted in the indene ring to any extent, whether or not | ||
substituted in the naphthyl ring to any extent, including: | ||
JWH-171; | ||
JWH-172; | ||
JWH-173; and | ||
JWH-176; | ||
phenylacetylindoles structurally derived from | ||
3-phenylacetylindole by substitution at the nitrogen atom of the | ||
indole ring with alkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further | ||
substituted in the indole ring to any extent, whether or not | ||
substituted in the phenyl ring to any extent, including: | ||
AM-694; | ||
AM-1241; | ||
JWH-167; | ||
JWH-203; | ||
JWH-204; | ||
JWH-205; | ||
JWH-206; | ||
JWH-208; | ||
JWH-237; | ||
JWH-248; | ||
JWH-249; | ||
JWH-250; | ||
JWH-251; | ||
JWH-252; | ||
JWH-253; | ||
JWH-302; | ||
JWH-303; | ||
JWH-305; | ||
JWH-306; | ||
JWH-311; | ||
JWH-312; | ||
JWH-313; | ||
JWH-314; and | ||
JWH-315; | ||
cyclohexylphenols structurally derived from | ||
2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of | ||
the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not | ||
substituted in the cyclohexyl ring to any extent, including: | ||
CP-55,940; | ||
CP-47,497; | ||
analogues of CP-47,497, including VII, V, VIII, I, | ||
II, III, IV, IX, X, XI, XII, XIII, XV, and XVI; | ||
JWH-337; | ||
JWH-344; | ||
JWH-345; and | ||
JWH-405; [ |
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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; | ||
HU-211; and | ||
WIN-55,212-2; | ||
3-Adamantoylindole, with substitution at the | ||
nitrogen atom of the indole ring, whether or not further | ||
substituted in the indole ring to any extent or in the adamantyl | ||
ring to any extent, including, by example, compounds such as | ||
AB-001; | ||
Indazole-3-Carboxamide with substitution at the | ||
nitrogen atom of the indazole ring, whether or not further | ||
substituted in the indazole ring to any extent or in the adamantyl | ||
ring to any extent, including, by example, compounds such as: | ||
AB-Fubinaca; | ||
AB-Pinaca; | ||
AKB-48; | ||
Apinaca; and | ||
Fluoro-AKB-48; | ||
N-(adamantyl)-indole-3-Carboxamide, with | ||
substitution at the nitrogen atom of the indole ring, whether or not | ||
further substituted in the indole ring to any extent or in the | ||
adamantyl ring to any extent, including, by example, compounds such | ||
as SDB-001; and | ||
8-Quinolinyl-indole-3-carboxylate with | ||
substitution at the nitrogen atom of the indole ring, whether or not | ||
further substituted in the indole ring to any extent or in the | ||
quinoline ring to any extent, including, by example, compounds such | ||
as: | ||
Fluoro-PB-22; and | ||
PB-22. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 4. This Act takes effect September 1, 2015. |