This bill would amend the Texas Controlled Substances Act adding Salvinorin A and Salvia divinorum to the list of hallucinogenic substances within Penalty Group 2.  The penalty for possession of a Penalty Group 2 substance is contingent on the amount of the substance possessed.  Possession of less than one gram is punishable as a state jail felony, at least one but less than four grams is punishable as a third-degree felony, at least four but less than 400 grams is punishable as a second-degree felony, and 400 grams or more is 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 five years, and a fine not to exceed $50,000.

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
 
A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

No significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies is anticipated from any provisions of this bill that authorize or require a change in the sanctions applicable to adults convicted of felony crimes.