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A BILL TO BE ENTITLED
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AN ACT
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relating to the addition of Salvia divinorum and its derivatives |
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and extracts to Penalty Group 3 of the Texas Controlled Substances |
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Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.104(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Penalty Group 3 consists of: |
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(1) a material, compound, mixture, or preparation that |
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contains any quantity of the following substances having a |
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potential for abuse associated with a stimulant effect on the |
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central nervous system: |
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Methylphenidate and its salts; and |
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Phenmetrazine and its salts; |
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(2) a material, compound, mixture, or preparation that |
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contains any quantity of the following substances having a |
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potential for abuse associated with a depressant effect on the |
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central nervous system: |
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a substance that contains any quantity of a |
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derivative of barbituric acid, or any salt of a derivative of |
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barbituric acid not otherwise described by this subsection; |
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a compound, mixture, or preparation containing |
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amobarbital, secobarbital, pentobarbital, or any salt of any of |
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these, and one or more active medicinal ingredients that are not |
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listed in any penalty group; |
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a suppository dosage form containing amobarbital, |
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secobarbital, pentobarbital, or any salt of any of these drugs, and |
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approved by the United States Food and Drug Administration for |
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marketing only as a suppository; |
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Alprazolam; |
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Amobarbital; |
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Bromazepam; |
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Camazepam; |
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Chlordiazepoxide; |
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Chlorhexadol; |
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Clobazam; |
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Clonazepam; |
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Clorazepate; |
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Clotiazepam; |
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Cloxazolam; |
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Delorazepam; |
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Diazepam; |
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Estazolam; |
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Ethyl loflazepate; |
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Fludiazepam; |
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Flurazepam; |
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Glutethimide; |
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Halazepam; |
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Haloxzolam; |
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Ketazolam; |
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Loprazolam; |
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Lorazepam; |
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Lormetazepam; |
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Lysergic acid, including its salts, isomers, and |
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salts of isomers; |
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Lysergic acid amide, including its salts, |
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isomers, and salts of isomers; |
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Mebutamate; |
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Medazepam; |
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Methyprylon; |
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Midazolam; |
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Nimetazepam; |
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Nitrazepam; |
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Nordiazepam; |
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Oxazepam; |
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Oxazolam; |
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Pentazocine, its salts, derivatives, or compounds |
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or mixtures thereof; |
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Pentobarbital; |
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Pinazepam; |
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Prazepam; |
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Quazepam; |
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Secobarbital; |
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Sulfondiethylmethane; |
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Sulfonethylmethane; |
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Sulfonmethane; |
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Temazepam; |
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Tetrazepam; |
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Tiletamine and zolazepam in combination, and its |
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salts. (some trade or other names for a tiletamine-zolazepam |
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combination product: Telazol, for tiletamine: |
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2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam: |
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4-(2-fluorophenyl)-6, |
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8-dihydro-1,3,8,-trimethylpyrazolo-[3,4-e](1,4)-d |
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diazepin-7(1H)-one, flupyrazapon); |
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Triazolam; |
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Zaleplon; and |
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Zolpidem; |
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(3) Nalorphine; |
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(4) a material, compound, mixture, or preparation |
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containing limited quantities of the following narcotic drugs, or |
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any of their salts: |
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not more than 1.8 grams of codeine, or any of its |
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salts, per 100 milliliters or not more than 90 milligrams per dosage |
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unit, with an equal or greater quantity of an isoquinoline alkaloid |
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of opium; |
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not more than 1.8 grams of codeine, or any of its |
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salts, per 100 milliliters or not more than 90 milligrams per dosage |
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unit, with one or more active, nonnarcotic ingredients in |
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recognized therapeutic amounts; |
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not more than 300 milligrams of dihydrocodeinone |
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(hydrocodone), or any of its salts, per 100 milliliters or not more |
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than 15 milligrams per dosage unit, with a fourfold or greater |
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quantity of an isoquinoline alkaloid of opium; |
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not more than 300 milligrams of dihydrocodeinone |
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(hydrocodone), or any of its salts, per 100 milliliters or not more |
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than 15 milligrams per dosage unit, with one or more active, |
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nonnarcotic ingredients in recognized therapeutic amounts; |
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not more than 1.8 grams of dihydrocodeine, or any |
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of its salts, per 100 milliliters or not more than 90 milligrams per |
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dosage unit, with one or more active, nonnarcotic ingredients in |
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recognized therapeutic amounts; |
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not more than 300 milligrams of ethylmorphine, or |
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any of its salts, per 100 milliliters or not more than 15 milligrams |
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per dosage unit, with one or more active, nonnarcotic ingredients |
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in recognized therapeutic amounts; |
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not more than 500 milligrams of opium per 100 |
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milliliters or per 100 grams, or not more than 25 milligrams per |
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dosage unit, with one or more active, nonnarcotic ingredients in |
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recognized therapeutic amounts; |
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not more than 50 milligrams of morphine, or any of |
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its salts, per 100 milliliters or per 100 grams with one or more |
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active, nonnarcotic ingredients in recognized therapeutic amounts; |
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and |
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not more than 1 milligram of difenoxin and not |
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less than 25 micrograms of atropine sulfate per dosage unit; |
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(5) a material, compound, mixture, or preparation that |
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contains any quantity of the following substances: |
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Barbital; |
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Chloral betaine; |
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Chloral hydrate; |
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Ethchlorvynol; |
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Ethinamate; |
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Meprobamate; |
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Methohexital; |
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Methylphenobarbital (Mephobarbital); |
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Paraldehyde; |
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Petrichloral; and |
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Phenobarbital; |
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(6) Peyote, unless unharvested and growing in its |
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natural state, meaning all parts of the plant classified |
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botanically as Lophophora, whether growing or not, the seeds of the |
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plant, an extract from a part of the plant, and every compound, |
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manufacture, salt, derivative, mixture, or preparation of the |
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plant, its seeds, or extracts; |
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(7) unless listed in another penalty group, a |
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material, compound, mixture, or preparation that contains any |
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quantity of the following substances having a stimulant effect on |
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the central nervous system, including the substance's salts, |
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optical, position, or geometric isomers, and salts of the |
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substance's isomers, if the existence of the salts, isomers, and |
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salts of isomers is possible within the specific chemical |
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designation: |
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Benzphetamine; |
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Cathine [(+)-norpseudoephedrine]; |
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Chlorphentermine; |
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Clortermine; |
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Diethylpropion; |
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Fencamfamin; |
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Fenfluramine; |
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Fenproporex; |
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Mazindol; |
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Mefenorex; |
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Modafinil; |
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Pemoline (including organometallic complexes and |
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their chelates); |
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Phendimetrazine; |
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Phentermine; |
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Pipradrol; |
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Sibutramine; and |
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SPA [(-)-1-dimethylamino-1,2-diphenylethane]; |
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(8) unless specifically excepted or unless listed in |
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another penalty group, a material, compound, mixture, or |
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preparation that contains any quantity of the following substance, |
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including its salts: |
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Dextropropoxyphene (Alpha-(+)- |
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4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane); [and] |
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(9) an anabolic steroid or any substance that is |
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chemically or pharmacologically related to testosterone, other |
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than an estrogen, progestin, or corticosteroid, and promotes muscle |
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growth, including: |
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Boldenone; |
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Chlorotestosterone (4-chlortestosterone); |
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Clostebol; |
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Dehydrochlormethyltestosterone; |
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Dihydrotestosterone (4-dihydrotestosterone); |
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Drostanolone; |
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Ethylestrenol; |
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Fluoxymesterone; |
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Formebulone; |
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Mesterolone; |
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Methandienone; |
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Methandranone; |
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Methandriol; |
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Methandrostenolone; |
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Methenolone; |
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Methyltestosterone; |
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Mibolerone; |
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Nandrolone; |
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Norethandrolone; |
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Oxandrolone; |
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Oxymesterone; |
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Oxymetholone; |
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Stanolone; |
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Stanozolol; |
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Testolactone; |
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Testosterone; and |
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Trenbolone; and |
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(10) Salvia divinorum, unless unharvested and growing |
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in its natural state, meaning all parts of that plant, whether |
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growing or not, the seeds of that plant, an extract from a part of |
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that plant, and every compound, manufacture, salt, derivative, |
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mixture, or preparation of that plant, its seeds, or extracts, |
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including Salvinorin A. |
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SECTION 2. This Act takes effect September 1, 2009. |