Bill Text: TX HB597 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to designating certain synthetic cannabinoids as controlled substances under the Texas Controlled Substances Act; providing penalties and establishing certain criminal consequences or procedures.
Spectrum: Moderate Partisan Bill (Republican 10-2)
Status: (Introduced - Dead) 2011-05-12 - Laid on the table subject to call [HB597 Detail]
Download: Texas-2011-HB597-Comm_Sub.html
82R16861 JSC-D | |||
By: Madden, Bonnen, Anderson of McLennan, | H.B. No. 597 | ||
Hopson, Paxton, et al. | |||
Substitute the following for H.B. No. 597: | |||
By: Gallego | C.S.H.B. No. 597 |
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relating to designating certain synthetic cannabinoids as | ||
controlled substances under the Texas Controlled Substances Act; | ||
providing penalties and establishing certain criminal consequences | ||
or procedures. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 481, Health and Safety | ||
Code, is amended by adding Section 481.1031 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; and | ||
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. | ||
SECTION 2. Section 481.111(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) A person does not violate Section 481.113, 481.116, | ||
481.1161, 481.121, or 481.125 if the person possesses or delivers | ||
tetrahydrocannabinols or their derivatives, or drug paraphernalia | ||
to be used to introduce tetrahydrocannabinols or their derivatives | ||
into the human body, for use in a federally approved therapeutic | ||
research program. | ||
SECTION 3. 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 OR 2-A. | ||
SECTION 4. 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 or 2-A. | ||
SECTION 5. Subchapter D, Chapter 481, Health and Safety | ||
Code, is amended by adding Section 481.1161 to read as follows: | ||
Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY | ||
GROUP 2-A. (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, 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. | ||
(b) An offense under this section is: | ||
(1) a Class B misdemeanor if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, two ounces or less; | ||
(2) a Class A misdemeanor if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, four ounces or less but more than two | ||
ounces; | ||
(3) a state jail felony if the amount of the controlled | ||
substance possessed is, by aggregate weight, including adulterants | ||
or dilutants, five pounds or less but more than four ounces; | ||
(4) a felony of the third degree if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, 50 pounds or less but more than 5 pounds; | ||
(5) a felony of the second degree if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, 2,000 pounds or less but more 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 the controlled substance possessed is, by aggregate weight, | ||
including adulterants or dilutants, more than 2,000 pounds. | ||
SECTION 6. Sections 481.134(c) and (d), Health and Safety | ||
Code, are amended to read as follows: | ||
(c) The minimum term of confinement or imprisonment for an | ||
offense otherwise punishable under Section 481.112(c), (d), (e), or | ||
(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), | ||
481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or | ||
(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e), | ||
481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6) is | ||
increased by five years and the maximum fine for the offense is | ||
doubled if it is shown on the trial of the offense that the offense | ||
was committed: | ||
(1) in, on, or within 1,000 feet of the premises of a | ||
school, the premises of a public or private youth center, or a | ||
playground; or | ||
(2) on a school bus. | ||
(d) An offense otherwise punishable under Section | ||
481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), | ||
481.1161(b)(3), 481.120(b)(3), or 481.121(b)(3) is a felony of the | ||
third degree if it is shown on the trial of the offense that the | ||
offense was committed: | ||
(1) in, on, or within 1,000 feet of any real property | ||
that is owned, rented, or leased to a school or school board, the | ||
premises of a public or private youth center, or a playground; or | ||
(2) on a school bus. | ||
SECTION 7. Article 14.06(d), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(d) Subsection (c) applies only to a person charged with | ||
committing an offense under: | ||
(1) Section 481.121, Health and Safety Code, if the | ||
offense is punishable under Subsection (b)(1) or (2) of that | ||
section; | ||
(1-a) Section 481.1161, Health and Safety Code, if the | ||
offense is punishable under Subsection (b)(1) or (2) of that | ||
section; | ||
(2) Section 28.03, Penal Code, if the offense is | ||
punishable under Subsection (b)(2) of that section; | ||
(3) Section 28.08, Penal Code, if the offense is | ||
punishable under Subsection (b)(1) of that section; | ||
(4) Section 31.03, Penal Code, if the offense is | ||
punishable under Subsection (e)(2)(A) of that section; | ||
(5) Section 31.04, Penal Code, if the offense is | ||
punishable under Subsection (e)(2) of that section; | ||
(6) Section 38.114, Penal Code, if the offense is | ||
punishable as a Class B misdemeanor; or | ||
(7) Section 521.457, Transportation Code. | ||
SECTION 8. Section 15(a)(1), Article 42.12, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(a) (1) On conviction of a state jail felony under Section | ||
481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), | ||
481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is | ||
punished under Section 12.35(a), Penal Code, the judge shall | ||
suspend the imposition of the sentence and place the defendant on | ||
community supervision, unless the defendant has previously been | ||
convicted of a felony, other than a felony punished under Section | ||
12.44(a), Penal Code, or unless the conviction resulted from an | ||
adjudication of the guilt of a defendant previously placed on | ||
deferred adjudication community supervision for the offense, in | ||
which event the judge may suspend the imposition of the sentence and | ||
place the defendant on community supervision or may order the | ||
sentence to be executed. The provisions of this subdivision | ||
requiring the judge to suspend the imposition of the sentence and | ||
place the defendant on community supervision do not apply to a | ||
defendant who: | ||
(A) under Section 481.1151(b)(1), Health and | ||
Safety Code, possessed more than five abuse units of the controlled | ||
substance; | ||
(B) 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 | ||
(C) under Section 481.121(b)(3), Health and | ||
Safety Code, possessed more than one pound of marihuana. | ||
SECTION 9. This Act takes effect September 1, 2011. |