Bill Text: TX SB263 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to the designation for criminal prosecution and other purposes of certain chemicals commonly referred to as synthetic cannabinoids as controlled substances and controlled substance analogues under the Texas Controlled Substances Act.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2013-05-20 - Returned to Local & Consent Calendars Comm. [SB263 Detail]

Download: Texas-2013-SB263-Engrossed.html

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By: Huffman S.B. No. 263

A BILL TO BE ENTITLED
AN ACT
relating to the designation for criminal prosecution and other
purposes of certain chemicals commonly referred to as synthetic
cannabinoids as controlled substances and controlled substance
analogues under the Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivisions (5) and (6), Section 481.002,
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 [Groups] 1, 1-A, [or] 2, 2-A,
3, or [through] 4. The term includes the aggregate weight of any
mixture, solution, or other substance containing a controlled
substance.
(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, [or] 2, or
2-A; 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,
[or] 2, or 2-A.
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 material, compound, mixture, or preparation that
contains any quantity of a synthetic chemical substance, including
its salts, isomers, and salts of isomers, listed by name in this
section or contained within the following structural classes
defined in this section [compound that is a cannabinoid receptor
agonist and mimics the pharmacological effect of naturally
occurring cannabinoids, including]:
WIN-55,212-2;
Naphthoylindole: any compound [naphthoylindoles]
structurally derived from 3-(1-naphthoyl)indole or
3-(2-naphthoyl)indole by substitution at the nitrogen atom of the
indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl,
haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl,
(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl
[2-(4-morpholinyl)ethyl], whether or not further substituted in
the indole ring to any extent, whether or not substituted in the
naphthyl [napthyl] ring to any extent, including:
AM-1220;
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;
Naphthylmethylindole: any compound
[naphthylmethylindones] structurally derived from
1H-indol-3-yl-(1-naphthyl)methane or
1H-indol-3-yl-(2-naphthyl)methane by substitution at the nitrogen
atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl,
alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl,
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl,
(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl
[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;
Naphthylindolecarboxamide: any compound structurally
derived from N-(naphthalen-1-yl)-1H-indole-3-carboxamide or
N-(naphthalen-2-yl)-1H-indole-3-carboxamide by substitution at
the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl,
halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl,
hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl or 2-(4-morpholinyl)alkyl, whether
or not further substituted in the indole ring to any extent, whether
or not substituted in the naphthyl ring to any extent, including:
MN-24 (Other name: NNEI);
Naphthoylpyrrole: any compound [naphthoylpyrroles]
structurally derived from 3-(1-naphthoyl)pyrrole or
3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the
pyrrole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl,
haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl,
(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl
[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;
Naphthylmethylindene: any compound
[naphthylmethylindenes] structurally derived from
1-(1-naphthylmethyl)indene or 1-(2-naphthylmethyl)indene by
substitution at the 3-position of the indene ring by alkyl,
haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl [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;
Phenylacetylindole: any compound [phenylacetylindoles]
structurally derived from 3-phenylacetylindole by substitution at
the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl,
halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl,
hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl [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; and
RCS-8;
Benzoylindole: any compound structurally derived from
3-benzoylindole by substitution at the nitrogen atom of the indole
ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl,
haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl,
(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, 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-630;
AM-679;
AM-694;
AM-1241;
Pravadoline (Other name: WIN 48,098); and
RCS-4;
Adamantoylindole: any compound structurally derived
from 3-(1-adamantoyl)indole or 3-(2-adamantoyl)indole by
substitution at the nitrogen atom of the indole ring with alkyl,
haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl, whether or not further substituted in the
indole ring to any extent, whether or not substituted in the
adamantyl ring to any extent, including:
AB-001; and
AM-1248;
Adamantylindolecarboxamide: any compound structurally
derived from N-(adamantan-1-yl)-1H-indole-3-carboxamide or
N-(adamantan-2-yl)-1H-indole-3-carboxamide by substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl,
halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl,
hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl, whether or not further substituted in the
indole ring to any extent, whether or not substituted in the
adamantyl ring to any extent, including:
APICA; and
STS-135;
Adamantylindazolecarboxamide: any compound
structurally derived from
N-(adamantan-1-yl)-1H-indazole-3-carboxamide or
N-(adamantan-2-yl)-1H-indazole-3-carboxamide by substitution at
the 1-position nitrogen atom of the indazole ring by alkyl,
haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl, whether or not further substituted in the
indazole ring to any extent, whether or not substituted in the
adamantyl ring to any extent, including:
5-Fluoro AKB-48; and
AKB-48;
Aminooxobutylindazolecarboxamide: any compound
structurally derived from
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole-3-carboxamide
by substitution at the 1-position nitrogen atom of the indazole
ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl,
haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl,
(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or
not further substituted in the indazole ring to any extent,
including:
AB-PINACA; and
AB-FUBINACA;
Tetramethylcyclopropylindole: any compound
structurally derived from
3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution
at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl,
halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl,
hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl, whether or not further substituted in the
indole ring to any extent, whether or not substituted in the
tetramethylcyclopropyl ring to any extent, including:
A-834,735;
A-796,260;
AB-005;
UR-144;
5-Bromo UR-144;
5-Chloro UR-144; and
5-Fluoro UR-144 (Other name: XLR-11);
Tetramethylcyclopropane-thiazole carboxamide: 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 by alkyl,
haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl, 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;
Quinolinylindolecarboxylate: any compound structurally
derived from quinolin-8-yl indole-3-carboxylate by substitution at
the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl,
halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl,
hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl, whether or not further substituted in the
indole ring to any extent, whether or not substituted in the
quinoline ring to any extent, including:
BB-22;
5-Fluoro PB-22; and
PB-22;
Cyclohexylphenol: any compound [cyclohexylphenols]
structurally derived from 2-(3-hydroxycyclohexyl)phenol by
substitution at the 5-position of the phenolic ring by alkyl,
haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl [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; and
HU-211[; and
[WIN-55,212-2].
SECTION 3. 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, [and] 2, and 2-A
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 4. 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 5. This Act takes effect September 1, 2013.