Bill Text: TX SB1583 | 2015-2016 | 84th Legislature | Comm Sub


Bill Title: Relating to classifying synthetic cannabinoid or cathinone as a Schedule I controlled substance under the Texas Controlled Substances Act; affecting the prosecution of a criminal offense.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2015-05-26 - Placed on General State Calendar [SB1583 Detail]

Download: Texas-2015-SB1583-Comm_Sub.html
 
 
  By: Taylor of Collin, et al. S.B. No. 1583
 
  (Fletcher)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to classifying synthetic cannabinoid or cathinone as a
  Schedule I controlled substance under the Texas Controlled
  Substances Act; affecting the prosecution of a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 481, Health and Safety
  Code, is amended by adding Section 481.038 to read as follows:
         Sec. 481.038.  SYNTHETIC CANNABINOID OR CATHINONE.
  (a)  Schedule I includes any synthetic cannabinoid or cathinone
  designer drug that is not regulated by the United States Food and
  Drug Administration or by the laws of this state but that is similar
  by structure or pharmacological effect to a Schedule I or II
  controlled substance that is regulated under federal law or the
  laws of this state.  For purposes of this section, a substance is
  similar by structure or pharmacological effect to a Schedule I or II
  controlled substance if the substance contains a majority of
  functional features in a similar chemical structural arrangement or
  otherwise mimics the pharmacological effect of a Schedule I or II
  controlled substance.
         (b)  Any compound of a designer drug described by Subsection
  (a) that is manufactured, formulated, sold, distributed, or
  marketed with the intent to circumvent the law under this chapter or
  federal law is a Schedule I controlled substance.
         (c)  Examples of synthetic cannabinoid designer drugs
  include substances that are generated using a three-component
  pharmacophore model. Synthetic cannabinoid designer drugs that
  contain one or more components of a controlled substance in
  Schedule I or II under federal or state law are analogues of
  Schedule I or II controlled substances.
         (d)  Nothing in this section affects an exemption provided
  under state law to a person who possesses for a lawful purpose a
  chemical formula defined as a controlled substance.
         SECTION 2.  This Act takes effect September 1, 2015.
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