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78R2390 AKH-D
By: Driver H.B. No. 1033
A BILL TO BE ENTITLED
AN ACT
relating to the penalty group classification of 3,4-methylenedioxy
methamphetamine (MDMA, MDM) and related criminal offenses.
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 Sections 481.1022, 481.1122, and
481.1152 to read as follows:
Sec. 481.1022. PENALTY GROUP 1-B. Penalty Group 1-B
consists of 3,4-methylenedioxy methamphetamine (MDMA, MDM),
including its salts, isomers, and salts of isomers.
Sec. 481.1122. OFFENSE: MANUFACTURE OR DELIVERY OF
SUBSTANCE IN PENALTY GROUP 1-B. (a) Except as provided 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 1-B.
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of
the controlled substance is fewer than five;
(2) a felony of the second degree if the number of
abuse units of the controlled substance is five or more but fewer
than 20;
(3) a felony of the first degree if the number of abuse
units of the controlled substance is 20 or more but fewer than 600;
(4) punishable by imprisonment in the institutional
division of 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 number of abuse units of the
controlled substance is 600 or more but fewer than 1,200; and
(5) punishable by imprisonment in the institutional
division of the Texas Department of Criminal Justice for life or for
a term of not more than 99 years or less than 15 years, and a fine
not to exceed $250,000, if the number of abuse units of the
controlled substance is 1,200 or more.
Sec. 481.1152. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
GROUP 1-B. (a) Except as provided by this chapter, a person commits
an offense if the person knowingly possesses a controlled substance
listed in Penalty Group 1-B.
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units
of the controlled substance is fewer than five;
(2) a felony of the third degree if the number of abuse
units of the controlled substance is five or more but fewer than 20;
(3) a felony of the second degree if the number of
abuse units of the controlled substance is 20 or more but fewer than
600;
(4) a felony of the first degree if the number of abuse
units of the controlled substance is 600 or more but fewer than
1,200; and
(5) punishable by imprisonment in the institutional
division of 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 number of abuse units of the
controlled substance is 1,200 or more.
SECTION 2. Sections 481.002(5), (6), and (50), 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 Groups 1, 1-A, 1-B, or 2 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, 1-B, or 2; 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,
1-B, or 2.
(50) "Abuse unit" means:
(A) except as provided by Paragraph (B):
(i) a single unit on or in any adulterant,
dilutant, or similar carrier medium, including marked or perforated
blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or
other medium that contains any amount of a controlled substance
listed in Penalty Group 1-A or 1-B, if the unit is commonly used in
abuse of that substance; or
(ii) each quarter-inch square section of
paper, if the adulterant, dilutant, or carrier medium is paper not
marked or perforated into individual abuse units; or
(B) if the controlled substance is in liquid
form, 40 micrograms of the controlled substance including any
adulterant or dilutant.
SECTION 3. 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:
alpha-ethyltryptamine;
4-bromo-2, 5-dimethoxyamphetamine (some trade or
other names: 4-bromo- 2, 5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2, 5-DMA);
4-bromo-2, 5-dimethoxyphenethylamine;
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);
2, 5-dimethoxyamphetamine (some trade or other
names: 2, 5-dimethoxy- alpha-methylphenethylamine; 2, 5-DMA);
2, 5-dimethoxy-4-ethylamphetamine (some trade or
other names: DOET);
Dimethyltryptamine (some trade and other names:
DMT);
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);
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.);
Ketamine;
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha- methylphenethylamine; paramethoxyamphetamine;
PMA);
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);
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-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);
Psilocin;
Psilocybin;
Pyrrolidine Analog of Phencyclidine (some trade
or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
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;
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-[1-(2-thienyl)cyclohexyl] pyrrolidine (some
trade or other names: TCPy); and
3,4,5-trimethoxy amphetamine;
(2) Phenylacetone (some trade or other names:
Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
ketone); and
(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);
Etorphine Hydrochloride;
Fenethylline and its salts;
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- trimethylbenzeneethaneamine;
N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
and salts of optical isomers.
SECTION 4. 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,
1-B, 2, 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 5. Section 481.123(a), Health and Safety Code, is
amended to read as follows:
(a) For the purposes of this chapter, a controlled substance
analogue is considered to be a controlled substance listed in
Penalty Group 1, [or] 1-A, or 1-B if the analogue in whole or in part
is intended for human consumption and:
(1) the chemical structure of the analogue is
substantially similar to the chemical structure of a controlled
substance listed in Schedule I or Penalty Group 1, [or] 1-A, or 1-B;
or
(2) the analogue is specifically designed to produce
an effect substantially similar to or greater than the effect of a
controlled substance listed in Schedule I or Penalty Group 1, [or]
1-A, or 1-B.
SECTION 6. Section 481.124(d), Health and Safety Code, is
amended to read as follows:
(d) An offense under this section is:
(1) a felony of the second degree if the controlled
substance is listed in Penalty Group 1, [or] 1-A, or 1-B;
(2) a felony of the third degree if the controlled
substance is listed in Penalty Group 2;
(3) a state jail felony if the controlled substance is
listed in Penalty Group 3 or 4; or
(4) a Class A misdemeanor if the controlled substance
is listed in a schedule by an action of the commissioner under this
chapter but not listed in a penalty group.
SECTION 7. Section 551.003(11), Occupations Code, is
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, 1-B, 2, 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.).
SECTION 8. (a) Except as provided by Subsection (b) of this
section, a change in law made by this Act applies only to an offense
committed on or after September 1, 2003. An offense committed
before September 1, 2003, is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
this purpose.
(b) For purposes of Subsection (a) of this section, an
offense was committed before September 1, 2003, if any element of
the offense occurred before that date.
SECTION 9. This Act takes effect September 1, 2003.