82R1718 JSC-D

By: Anderson of McLennan, Martinez, H.B. No. 470

Schwertner, Shelton, Zerwas, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the addition of Salvia divinorum and its derivatives

and extracts to Penalty Group 3 of the Texas Controlled Substances

Act.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.104(a), Health and Safety Code, is

amended to read as follows:

(a) Penalty Group 3 consists of:

(1) a material, compound, mixture, or preparation that

contains any quantity of the following substances having a

potential for abuse associated with a stimulant effect on the

central nervous system:

Methylphenidate and its salts; and

Phenmetrazine and its salts;

(2) a material, compound, mixture, or preparation that

contains any quantity of the following substances having a

potential for abuse associated with a depressant effect on the

central nervous system:

a substance that contains any quantity of a

derivative of barbituric acid, or any salt of a derivative of

barbituric acid not otherwise described by this subsection;

a compound, mixture, or preparation containing

amobarbital, secobarbital, pentobarbital, or any salt of any of

these, and one or more active medicinal ingredients that are not

listed in any penalty group;

a suppository dosage form containing amobarbital,

secobarbital, pentobarbital, or any salt of any of these drugs, and

approved by the United States Food and Drug Administration for

marketing only as a suppository;

Alprazolam;

Amobarbital;

Bromazepam;

Camazepam;

Chlordiazepoxide;

Chlorhexadol;

Clobazam;

Clonazepam;

Clorazepate;

Clotiazepam;

Cloxazolam;

Delorazepam;

Diazepam;

Estazolam;

Ethyl loflazepate;

Fludiazepam;

Flurazepam;

Glutethimide;

Halazepam;

Haloxzolam;

Ketazolam;

Loprazolam;

Lorazepam;

Lormetazepam;

Lysergic acid, including its salts, isomers, and

salts of isomers;

Lysergic acid amide, including its salts,

isomers, and salts of isomers;

Mebutamate;

Medazepam;

Methyprylon;

Midazolam;

Nimetazepam;

Nitrazepam;

Nordiazepam;

Oxazepam;

Oxazolam;

Pentazocine, its salts, derivatives, or compounds

or mixtures thereof;

Pentobarbital;

Pinazepam;

Prazepam;

Quazepam;

Secobarbital;

Sulfondiethylmethane;

Sulfonethylmethane;

Sulfonmethane;

Temazepam;

Tetrazepam;

Tiletamine and zolazepam in combination, and its

salts. (some trade or other names for a tiletamine-zolazepam

combination product: Telazol, for tiletamine: 2-(ethylamino)-

2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2-

fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4-

e](1,4)-d diazepin-7(1H)-one, flupyrazapon);

Triazolam;

Zaleplon;

Zolpidem; and

Zopiclone;

(3) Nalorphine;

(4) a material, compound, mixture, or preparation

containing limited quantities of the following narcotic drugs, or

any of their salts:

not more than 1.8 grams of codeine, or any of its

salts, per 100 milliliters or not more than 90 milligrams per dosage

unit, with an equal or greater quantity of an isoquinoline alkaloid

of opium;

not more than 1.8 grams of codeine, or any of its

salts, per 100 milliliters or not more than 90 milligrams per dosage

unit, with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts;

not more than 300 milligrams of dihydrocodeinone

(hydrocodone), or any of its salts, per 100 milliliters or not more

than 15 milligrams per dosage unit, with a fourfold or greater

quantity of an isoquinoline alkaloid of opium;

not more than 300 milligrams of dihydrocodeinone

(hydrocodone), or any of its salts, per 100 milliliters or not more

than 15 milligrams per dosage unit, with one or more active,

nonnarcotic ingredients in recognized therapeutic amounts;

not more than 1.8 grams of dihydrocodeine, or any

of its salts, per 100 milliliters or not more than 90 milligrams per

dosage unit, with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts;

not more than 300 milligrams of ethylmorphine, or

any of its salts, per 100 milliliters or not more than 15 milligrams

per dosage unit, with one or more active, nonnarcotic ingredients

in recognized therapeutic amounts;

not more than 500 milligrams of opium per 100

milliliters or per 100 grams, or not more than 25 milligrams per

dosage unit, with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts;

not more than 50 milligrams of morphine, or any of

its salts, per 100 milliliters or per 100 grams with one or more

active, nonnarcotic ingredients in recognized therapeutic amounts;

and

not more than 1 milligram of difenoxin and not

less than 25 micrograms of atropine sulfate per dosage unit;

(5) a material, compound, mixture, or preparation that

contains any quantity of the following substances:

Barbital;

Chloral betaine;

Chloral hydrate;

Ethchlorvynol;

Ethinamate;

Meprobamate;

Methohexital;

Methylphenobarbital (Mephobarbital);

Paraldehyde;

Petrichloral; and

Phenobarbital;

(6) Peyote, unless unharvested and growing in its

natural state, meaning all parts of the plant classified

botanically as Lophophora, whether growing or not, the seeds of the

plant, an extract from a part of the plant, and every compound,

manufacture, salt, derivative, mixture, or preparation of the

plant, its seeds, or extracts;

(7) unless listed in another penalty group, a

material, compound, mixture, or preparation that contains any

quantity of the following substances having a stimulant effect on

the central nervous system, including the substance's salts,

optical, position, or geometric isomers, and salts of the

substance's isomers, if the existence of the salts, isomers, and

salts of isomers is possible within the specific chemical

designation:

Benzphetamine;

Cathine [(+)-norpseudoephedrine];

Chlorphentermine;

Clortermine;

Diethylpropion;

Fencamfamin;

Fenfluramine;

Fenproporex;

Mazindol;

Mefenorex;

Modafinil;

Pemoline (including organometallic complexes and

their chelates);

Phendimetrazine;

Phentermine;

Pipradrol;

Sibutramine; and

SPA [(-)-1-dimethylamino-1,2-diphenylethane];

(8) unless specifically excepted or unless listed in

another penalty group, a material, compound, mixture, or

preparation that contains any quantity of the following substance,

including its salts:

Dextropropoxyphene (Alpha-(+)-4-dimethylamino-

1,2-diphenyl-3-methyl-2-propionoxybutane); [and]

(9) an anabolic steroid, including any drug or

hormonal substance, or any substance that is chemically or

pharmacologically related to testosterone, other than an estrogen,

progestin, dehydroepiandrosterone, or corticosteroid, and promotes

muscle growth, including the following drugs and substances and any

salt, ester, or ether of the following drugs and substances:

Androstanediol;

Androstanedione;

Androstenediol;

Androstenedione;

Bolasterone;

Boldenone;

Calusterone;

Clostebol;

Dehydrochlormethyltestosterone;

Delta-1-dihydrotestosterone;

Dihydrotestosterone (4-dihydrotestosterone);

Drostanolone;

Ethylestrenol;

Fluoxymesterone;

Formebulone;

Furazabol;

13beta-ethyl-17beta-hydroxygon-4-en-3-one;

4-hydroxytestosterone;

4-hydroxy-19-nortestosterone;

Mestanolone;

Mesterolone;

Methandienone;

Methandriol;

Methenolone;

17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha-

androstane;

17alpha-methyl-3alpha, 17 beta-dihydroxy-5alpha-

androstane;

17alpha-methyl-3beta, 17beta-dihydroxyandrost-4-

ene;

17alpha-methyl-4-hydroxynandrolone;

Methyldienolone;

Methyltestosterone;

Methyltrienolone;

17alpha-methyl-delta-1-dihydrotestosterone;

Mibolerone;

Nandrolone;

Norandrostenediol;

Norandrostenedione;

Norbolethone;

Norclostebol;

Norethandrolone;

Normethandrolone;

Oxandrolone;

Oxymesterone;

Oxymetholone;

Stanozolol;

Stenbolone;

Testolactone;

Testosterone;

Tetrahydrogestrinone; and

Trenbolone; and

(10) Salvia divinorum, unless unharvested and growing

in its natural state, meaning all parts of that plant, whether

growing or not, the seeds of that plant, an extract from a part of

that plant, and every compound, manufacture, salt, derivative,

mixture, or preparation of that plant, its seeds, or extracts,

including Salvinorin A.

SECTION 2. This Act takes effect September 1, 2011.