Bill Text: TX HB1196 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to changing statutory references to marihuana to cannabis.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-01 - Left pending in committee [HB1196 Detail]
Download: Texas-2019-HB1196-Introduced.html
86R8486 JSC-D | ||
By: Meza | H.B. No. 1196 |
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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 | ||
[ |
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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 [ |
||
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 [ |
||
(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 [ |
||
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 [ |
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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 [ |
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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 [ |
||
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 [ |
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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 [ |
||
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 [ |
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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 [ |
||
(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 [ |
||
(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 [ |
||
(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 [ |
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(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 | ||
[ |
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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 [ |
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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" [ |
||
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 | ||
[ |
||
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 [ |
||
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 [ |
||
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 [ |
||
(a) Except as authorized by this chapter, a person commits an | ||
offense if the person knowingly or intentionally delivers cannabis | ||
[ |
||
(b) An offense under Subsection (a) is: | ||
(1) a Class B misdemeanor if the amount of cannabis | ||
[ |
||
committing the offense does not receive remuneration for the | ||
cannabis [ |
||
(2) a Class A misdemeanor if the amount of cannabis | ||
[ |
||
committing the offense receives remuneration for the cannabis | ||
[ |
||
(3) a state jail felony if the amount of cannabis | ||
[ |
||
one-fourth ounce; | ||
(4) a felony of the second degree if the amount of | ||
cannabis [ |
||
five pounds; | ||
(5) a felony of the first degree if the amount of | ||
cannabis [ |
||
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 [ |
||
SECTION 18. Section 481.121, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.121. OFFENSE: POSSESSION OF CANNABIS [ |
||
(a) Except as authorized by this chapter, a person commits an | ||
offense if the person knowingly or intentionally possesses a usable | ||
quantity of cannabis [ |
||
(b) An offense under Subsection (a) is: | ||
(1) a Class B misdemeanor if the amount of cannabis | ||
[ |
||
(2) a Class A misdemeanor if the amount of cannabis | ||
[ |
||
ounces; | ||
(3) a state jail felony if the amount of cannabis | ||
[ |
||
ounces; | ||
(4) a felony of the third degree if the amount of | ||
cannabis [ |
||
pounds; | ||
(5) a felony of the second degree if the amount of | ||
cannabis [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
delivers the controlled substance or cannabis [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
this section, "cannabis" and "controlled substance" [ |
||
|
||
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 | ||
[ |
||
(2) mental illness that results from the use of a | ||
controlled substance or cannabis [ |
||
SECTION 24. This Act takes effect September 1, 2019. |