The bill would amend the Health and Safety Code by adding the synthetic derivative of marihuana 1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018) in any quantity, its salts, isomers, and salts of isomers to Penalty Group 2 of the Texas Controlled Substances Act. The manufacture, delivery, or possession of these substances is not currently punishable at the state level.

The manufacture, delivery, or possession with intent to deliver, of a substance in Penalty Group 2 is punishable at various felony levels, with the level of punishment increasing in severity based on the amount by weight of the substance manufactured, delivered, or possessed with intent to deliver. The possession of a substance in Penalty Group 2 is punishable at various felony levels, with the level of punishment increasing in severity based on the amount by weight of the substance possessed.

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.