Bill Text: TX HB2593 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the criminal penalties for the possession of certain tetrahydrocannabinols under the Texas Controlled Substances Act.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2021-05-30 - House adopts conf. comm. report-reported [HB2593 Detail]
Download: Texas-2021-HB2593-Introduced.html
Bill Title: Relating to the criminal penalties for the possession of certain tetrahydrocannabinols under the Texas Controlled Substances Act.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2021-05-30 - House adopts conf. comm. report-reported [HB2593 Detail]
Download: Texas-2021-HB2593-Introduced.html
87R10453 LHC-D | ||
By: Moody | H.B. No. 2593 |
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relating to the criminal penalties for the possession of certain | ||
tetrahydrocannabinols under the Texas Controlled Substances Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 481.002(5) and (6), Health and Safety | ||
Code, are amended to read as follows: | ||
(5) "Controlled substance" means a substance, | ||
including a drug, an adulterant, and a dilutant, listed in | ||
Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 2-B, 3, or 4. | ||
The term includes the aggregate weight of any mixture, solution, or | ||
other substance containing a controlled substance. The term does | ||
not include hemp, as defined by Section 121.001, Agriculture Code, | ||
or the tetrahydrocannabinols in hemp. | ||
(6) "Controlled substance analogue" means: | ||
(A) a substance with a chemical structure | ||
substantially similar to the chemical structure of a controlled | ||
substance in Schedule I or II or Penalty Group 1, 1-A, 2, [ |
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or 2-B; or | ||
(B) a substance specifically designed to produce | ||
an effect substantially similar to, or greater than, the effect of a | ||
controlled substance in Schedule I or II or Penalty Group 1, 1-A, 2, | ||
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SECTION 2. Section 481.103(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Penalty Group 2 consists of: | ||
(1) any quantity of the following hallucinogenic | ||
substances, their salts, isomers, and salts of isomers, unless | ||
specifically excepted, if the existence of these salts, isomers, | ||
and salts of isomers is possible within the specific chemical | ||
designation: | ||
5-(2-aminopropyl)benzofuran (5-APB); | ||
6-(2-aminopropyl)benzofuran (6-APB); | ||
5-(2-aminopropyl)-2,3-dihydrobenzofuran | ||
(5-APDB); | ||
6-(2-aminopropyl)-2,3-dihydrobenzofuran | ||
(6-APDB); | ||
5-(2-aminopropyl)indole (5-IT,5-API); | ||
6-(2-aminopropyl)indole (6-IT,6-API); | ||
1-(benzofuran-5-yl)-N-methylpropan-2-amine | ||
(5-MAPB); | ||
1-(benzofuran-6-yl)-N-methylpropan-2-amine | ||
(6-MAPB); | ||
Benzothiophenylcyclohexylpiperidine (BTCP); | ||
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- | ||
4-ethanamine (trade or other name: Bromo-DragonFLY); | ||
Desoxypipradrol (2-benzhydrylpiperidine); | ||
2, 5-dimethoxyamphetamine (some trade or other | ||
names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA); | ||
Diphenylprolinol (diphenyl(pyrrolidin-2-yl) | ||
methanol, D2PM); | ||
Dronabinol (synthetic) in sesame oil and | ||
encapsulated in a soft gelatin capsule in a U.S. Food and Drug | ||
Administration approved drug product (some trade or other names for | ||
Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- | ||
trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- | ||
(trans)- tetrahydrocannabinol); | ||
Ethylamine Analog of Phencyclidine (some trade or | ||
other names: N-ethyl-1-phenylcyclohexylamine, (1- | ||
phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, | ||
cyclohexamine, PCE); | ||
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone | ||
(trade or other name: methoxetamine); | ||
Ibogaine (some trade or other names: 7-Ethyl-6, | ||
6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- | ||
pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.); | ||
5-iodo-2-aminoindane (5-IAI); | ||
Mescaline; | ||
5-methoxy-3, 4-methylenedioxy amphetamine; | ||
4-methoxyamphetamine (some trade or other | ||
names: 4-methoxy-alpha-methylphenethylamine; | ||
paramethoxyamphetamine; PMA); | ||
4-methoxymethamphetamine (PMMA); | ||
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone | ||
(some trade and other names: 2-MeO-ketamine; methoxyketamine); | ||
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, | ||
PPMP); | ||
4-methyl-2, 5-dimethoxyamphetamine (some trade | ||
and other names: 4-methyl-2, 5-dimethoxy-alpha- | ||
methylphenethylamine; "DOM"; "STP"); | ||
3,4-methylenedioxy methamphetamine (MDMA, MDM); | ||
3,4-methylenedioxy amphetamine; | ||
3,4-methylenedioxy N-ethylamphetamine (Also | ||
known as N-ethyl MDA); | ||
5,6-methylenedioxy-2-aminoindane (MDAI); | ||
Nabilone (Another name for nabilone: (+)-trans- | ||
3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, | ||
6-dimethyl-9H-dibenzo[b,d] pyran-9-one; | ||
N-benzylpiperazine (some trade or other | ||
names: BZP; 1-benzylpiperazine); | ||
N-ethyl-3-piperidyl benzilate; | ||
N-hydroxy-3,4-methylenedioxyamphetamine (Also | ||
known as N-hydroxy MDA); | ||
4-methylaminorex; | ||
N-methyl-3-piperidyl benzilate; | ||
Parahexyl (some trade or other names: 3-Hexyl-1- | ||
hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] | ||
pyran; Synhexyl); | ||
1-Phenylcyclohexylamine; | ||
1-Piperidinocyclohexanecarbonitrile (PCC); | ||
Pyrrolidine Analog of Phencyclidine (some trade | ||
or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP); | ||
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Thiophene Analog of Phencyclidine (some trade or | ||
other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl | ||
Analog of Phencyclidine; TPCP, TCP); | ||
1-pyrrolidine (some trade or other name: TCPy); | ||
1-(3-trifluoromethylphenyl)piperazine (trade or | ||
other name: TFMPP); and | ||
3,4,5-trimethoxy amphetamine; | ||
(2) Phenylacetone (some trade or other | ||
names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl | ||
ketone); | ||
(3) unless specifically excepted or unless listed in | ||
another Penalty Group, a material, compound, mixture, or | ||
preparation that contains any quantity of the following substances | ||
having a potential for abuse associated with a depressant or | ||
stimulant effect on the central nervous system: | ||
Aminorex (some trade or other | ||
names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5- | ||
phenyl-2-oxazolamine); | ||
Amphetamine, its salts, optical isomers, and | ||
salts of optical isomers; | ||
Cathinone (some trade or other names: 2-amino-1- | ||
phenyl-1-propanone, alpha-aminopropiophenone, 2- | ||
aminopropiophenone); | ||
Etaqualone and its salts; | ||
Etorphine Hydrochloride; | ||
Fenethylline and its salts; | ||
Lisdexamfetamine, including its salts, isomers, | ||
and salts of isomers; | ||
Mecloqualone and its salts; | ||
Methaqualone and its salts; | ||
Methcathinone (some trade or other names: 2- | ||
methylamino-propiophenone; alpha-(methylamino)propriophenone; | ||
2-(methylamino)-1-phenylpropan-1-one; alpha-N- | ||
methylaminopropriophenone; monomethylpropion; ephedrone, N- | ||
methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR | ||
1431); | ||
N-Ethylamphetamine, its salts, optical isomers, | ||
and salts of optical isomers; and | ||
N,N-dimethylamphetamine (some trade or other | ||
names: N,N,alpha-trimethylbenzeneethanamine; | ||
N,N,alpha-trimethylphenethylamine), its salts, optical isomers, | ||
and salts of optical isomers; | ||
(4) any compound structurally derived from | ||
2-aminopropanal by substitution at the 1-position with any | ||
monocyclic or fused-polycyclic ring system, including: | ||
(A) compounds further modified by: | ||
(i) substitution in the ring system to any | ||
extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or | ||
halide substituents), whether or not further substituted in the | ||
ring system by other substituents; | ||
(ii) substitution at the 3-position with an | ||
alkyl substituent; or | ||
(iii) substitution at the 2-amino nitrogen | ||
atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or | ||
inclusion of the 2-amino nitrogen atom in a cyclic structure; and | ||
(B) by example, compounds such as: | ||
4-Methylmethcathinone (Also known as | ||
Mephedrone); | ||
3,4-Dimethylmethcathinone (Also known as | ||
3,4-DMMC); | ||
3-Fluoromethcathinone (Also known as 3-FMC); | ||
4-Fluoromethcathinone (Also known as | ||
Flephedrone); | ||
3,4-Methylenedioxy-N-methylcathinone (Also | ||
known as Methylone); | ||
3,4-Methylenedioxypyrovalerone (Also known | ||
as MDPV); | ||
alpha-Pyrrolidinopentiophenone (Also known | ||
as alpha-PVP); | ||
Naphthylpyrovalerone (Also known as | ||
Naphyrone); | ||
alpha-Methylamino-valerophenone (Also known | ||
as Pentedrone); | ||
beta-Keto-N-methylbenzodioxolylpropylamine | ||
(Also known as Butylone); | ||
beta-Keto-N-methylbenzodioxolylpentanamine | ||
(Also known as Pentylone); | ||
beta-Keto-Ethylbenzodioxolylbutanamine | ||
(Also known as Eutylone); and | ||
3,4-methylenedioxy-N-ethylcathinone (Also | ||
known as Ethylone); | ||
(5) any compound structurally derived from tryptamine | ||
(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine: | ||
(A) by modification in any of the following ways: | ||
(i) by substitution at the amine nitrogen | ||
atom of the sidechain to any extent with alkyl or alkenyl groups or | ||
by inclusion of the amine nitrogen atom of the side chain (and no | ||
other atoms of the side chain) in a cyclic structure; | ||
(ii) by substitution at the carbon atom | ||
adjacent to the nitrogen atom of the side chain (alpha-position) | ||
with an alkyl or alkenyl group; | ||
(iii) by substitution in the 6-membered | ||
ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, | ||
alkylenedioxy, or halide substituents; or | ||
(iv) by substitution at the 2-position of | ||
the tryptamine ring system with an alkyl substituent; and | ||
(B) including: | ||
(i) ethers and esters of the controlled | ||
substances listed in this subdivision; and | ||
(ii) by example, compounds such as: | ||
alpha-ethyltryptamine; | ||
alpha-methyltryptamine; | ||
Bufotenine (some trade and other names: | ||
3-(beta-Dimethylaminoethyl)-5-hydroxyindole; | ||
3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin; | ||
5-hydroxy-N, N- dimethyltryptamine; mappine); | ||
Diethyltryptamine (some trade and | ||
other names: N, N-Diethyltryptamine, DET); | ||
Dimethyltryptamine (trade or other | ||
name: DMT); | ||
5-methoxy-N, N-diisopropyltryptamine | ||
(5-MeO-DiPT); | ||
O-Acetylpsilocin (Trade or other name: | ||
4-Aco-DMT); | ||
Psilocin; and | ||
Psilocybin; | ||
(6) 2,5-Dimethoxyphenethylamine and any compound | ||
structurally derived from 2,5-Dimethoxyphenethylamine by | ||
substitution at the 4-position of the phenyl ring to any extent | ||
(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide | ||
substituents), including, by example, compounds such as: | ||
4-Bromo-2,5-dimethoxyphenethylamine (trade or | ||
other name: 2C-B); | ||
4-Chloro-2,5-dimethoxyphenethylamine (trade or | ||
other name: 2C-C); | ||
2,5-Dimethoxy-4-methylphenethylamine (trade or | ||
other name: 2C-D); | ||
4-Ethyl-2,5-dimethoxyphenethylamine (trade or | ||
other name: 2C-E); | ||
4-Iodo-2,5-dimethoxyphenethylamine (trade or | ||
other name: 2C-I); | ||
2,5-Dimethoxy-4-nitrophenethylamine (trade or | ||
other name: 2C-N); | ||
2,5-Dimethoxy-4-(n)-propylphenethylamine (trade | ||
or other name: 2C-P); | ||
4-Ethylthio-2,5-dimethoxyphenethylamine (trade | ||
or other name: 2C-T-2); | ||
4-Isopropylthio-2,5-dimethoxyphenethylamine | ||
(trade or other name: 2C-T-4); and | ||
2,5-Dimethoxy-4-(n)-propylthiophenethylamine | ||
(trade or other name: 2C-T-7); and | ||
(7) 2,5-Dimethoxyamphetamine and any compound | ||
structurally derived from 2,5-Dimethoxyamphetamine by substitution | ||
at the 4-position of the phenyl ring to any extent (including alkyl, | ||
alkoxy, alkylenedioxy, haloalkyl, or halide substituents), | ||
including, by example, compounds such as: | ||
4-Ethylthio-2,5-dimethoxyamphetamine (trade or | ||
other name: Aleph-2); | ||
4-Isopropylthio-2,5-dimethoxyamphetamine (trade | ||
or other name: Aleph-4); | ||
4-Bromo-2,5-dimethoxyamphetamine (trade or other | ||
name: DOB); | ||
4-Chloro-2,5-dimethoxyamphetamine (trade or | ||
other name: DOC); | ||
2,5-Dimethoxy-4-ethylamphetamine (trade or other | ||
name: DOET); | ||
4-Iodo-2,5-dimethoxyamphetamine (trade or other | ||
name: DOI); | ||
2,5-Dimethoxy-4-methylamphetamine (trade or | ||
other name: DOM); | ||
2,5-Dimethoxy-4-nitroamphetamine (trade or other | ||
name: DON); | ||
4-Isopropyl-2,5-dimethoxyamphetamine (trade or | ||
other name: DOIP); and | ||
2,5-Dimethoxy-4-(n)-propylamphetamine (trade or | ||
other name: DOPR). | ||
SECTION 3. Subchapter D, Chapter 481, Health and Safety | ||
Code, is amended by adding Section 481.1032 to read as follows: | ||
Sec. 481.1032. PENALTY GROUP 2-B. (a) Penalty Group 2-B | ||
consists of any quantity of the following 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: | ||
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. | ||
(b) For the purposes of this section, the term "isomer" | ||
includes an optical, position, or geometric isomer. | ||
SECTION 4. Section 481.106, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE | ||
ANALOGUE. For the purposes of the prosecution of an offense under | ||
this subchapter involving the manufacture, delivery, or possession | ||
of a controlled substance, Penalty Groups 1, 1-A, 2, [ |
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2-B include a controlled substance analogue that: | ||
(1) has a chemical structure substantially similar to | ||
the chemical structure of a controlled substance listed in the | ||
applicable penalty group; or | ||
(2) is specifically designed to produce an effect | ||
substantially similar to, or greater than, a controlled substance | ||
listed in the applicable penalty group. | ||
SECTION 5. The heading to Section 481.113, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE | ||
IN PENALTY GROUP 2, [ |
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SECTION 6. Section 481.113(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Except as authorized by this chapter, a person commits | ||
an offense if the person knowingly manufactures, delivers, or | ||
possesses with intent to deliver a controlled substance listed in | ||
Penalty Group 2, [ |
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SECTION 7. The heading to Section 481.1161, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY | ||
GROUP 2-A OR 2-B. | ||
SECTION 8. Section 481.1161(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Except as authorized by this chapter, a person commits | ||
an offense if the person knowingly possesses a controlled substance | ||
listed in Penalty Group 2-A or 2-B, unless the person obtained the | ||
substance directly from or under a valid prescription or order of a | ||
practitioner acting in the course of professional practice. | ||
SECTION 9. Section 481.122(a), Health and Safety Code, is | ||
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, | ||
2-B, or 3 or knowingly delivers marihuana and the person delivers | ||
the controlled substance or marihuana to a 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 marihuana to a person described by | ||
Subdivision (1) or (2). | ||
SECTION 10. Sections 551.003(11) and (12), Occupations | ||
Code, are amended to read as follows: | ||
(11) "Controlled substance" means a substance, | ||
including a drug: | ||
(A) listed in Schedule I, II, III, IV, or V, as | ||
established by the commissioner of public health under Chapter 481, | ||
Health and Safety Code, or in Penalty Group 1, 1-A, 2, 2-B, 3, or 4, | ||
Chapter 481; or | ||
(B) included in Schedule I, II, III, IV, or V of | ||
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 | ||
U.S.C. Section 801 et seq.). | ||
(12) "Dangerous drug" means a drug or device that: | ||
(A) is not included in Penalty Group 1, 2, 2-B, 3, | ||
or 4, Chapter 481, Health and Safety Code, and is unsafe for | ||
self-medication; or | ||
(B) bears or is required to bear the legend: | ||
(i) "Caution: federal law prohibits | ||
dispensing without prescription" or "Rx only" or another legend | ||
that complies with federal law; or | ||
(ii) "Caution: federal law restricts this | ||
drug to use by or on the order of a licensed veterinarian." | ||
SECTION 11. 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 when 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 12. This Act takes effect September 1, 2021. |