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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of certain synthetic cannabinoids as |
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controlled substances and controlled substance analogues under the |
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Texas Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.002, Health and Safety Code, is |
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amended by amending Subdivision (6) and adding Subdivision (54) to |
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read as follows: |
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(6) "Controlled substance analogue" means: |
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(A) a substance with a chemical structure |
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substantially similar to the chemical structure of a controlled |
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substance in Schedule I or II or Penalty Group 1, 1-A, [or] 2, or |
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2-A; or |
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(B) a substance specifically designed to produce |
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an effect substantially similar to, or greater than, the effect of a |
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controlled substance in Schedule I or II or Penalty Group 1, 1-A, |
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[or] 2, or 2-A. |
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(54) "Isostere" means a chemical compound that is |
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structurally derived from another chemical compound by: |
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(A) substitution of an atom or group of atoms in |
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or on a chain or cyclic structure with a different atom or group of |
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atoms; |
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(B) addition of one or more atoms to or within a |
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chain or cyclic structure; |
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(C) elision of one or more atoms from a chain or |
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cyclic structure; |
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(D) changing the degree or position of |
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unsaturation in a chain or cyclic structure; or |
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(E) any combination of modifications described |
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by Paragraph (A), (B), (C), or (D). |
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SECTION 2. Section 481.1031, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.1031. PENALTY GROUP 2-A. Penalty Group 2-A |
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consists of any quantity of a synthetic chemical compound that is a |
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cannabinoid receptor agonist [and mimics the pharmacological
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effect of naturally occurring cannabinoids], including: |
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(1) compounds [naphthoylindoles] structurally derived |
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from indole or from any isostere of indole [3-(1-naphthoyl)indole] |
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by substitution at both the 1-position [nitrogen atom] of the |
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indole ring system with any [by] alkyl group, cycloalkyl group, or |
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(cycloalkyl)alkyl group, or with an isostere or derivative of any |
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of these groups, and the 3-position of the indole ring system with |
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any alkyl group, cycloalkyl group, or (cycloalkyl)alkyl group, or |
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with an isostere or derivative of any of these groups, regardless of |
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[, alkenyl, cycloalkylmethyl, cycloalkylethyl, or
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2-(4-morpholinyl)ethyl,] whether the indole ring system is [or not] |
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further substituted [in the indole ring] to any extent at other ring |
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system positions by additional groups, such as [, whether or not
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substituted in the napthyl ring to any extent, including]: |
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AKB-48; |
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AM-679; |
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AM-694; |
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AM-1235; |
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AM-1241; |
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AM-2201; |
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AM-2232; |
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EAM-2201; |
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JWH-004; |
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JWH-007; |
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JWH-009; |
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JWH-015; |
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JWH-016; |
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JWH-018; |
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JWH-019; |
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JWH-020; |
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JWH-046; |
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JWH-047; |
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JWH-048; |
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JWH-049; |
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JWH-050; |
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JWH-073; |
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JWH-076; |
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JWH-079; |
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JWH-080; |
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JWH-081; |
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JWH-082; |
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JWH-083; |
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JWH-093; |
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JWH-094; |
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JWH-095; |
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JWH-096; |
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JWH-097; |
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JWH-098; |
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JWH-099; |
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JWH-100; |
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JWH-116; |
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JWH-122; |
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JWH-148; |
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JWH-149; |
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JWH-153; |
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JWH-159; |
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JWH-164; |
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JWH-165; |
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JWH-166; |
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JWH-167; |
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JWH-171; |
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JWH-172; |
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JWH-173; |
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JWH-175; |
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JWH-176; |
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JWH-180; |
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JWH-181; |
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JWH-182; |
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JWH-184; |
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JWH-185; |
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JWH-189; |
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JWH-192; |
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JWH-193; |
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JWH-194; |
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JWH-195; |
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JWH-196; |
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JWH-197; |
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JWH-198; |
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JWH-199; |
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JWH-200; |
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JWH-203; |
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JWH-204; |
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JWH-205; |
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JWH-206; |
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JWH-208; |
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JWH-210; |
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JWH-211; |
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JWH-212; |
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JWH-213; |
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JWH-234; |
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JWH-235; |
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JWH-237; |
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JWH-239; |
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JWH-240; |
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JWH-241; |
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JWH-242; |
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JWH-248; |
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JWH-249; |
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JWH-250; |
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JWH-251; |
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JWH-252; |
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JWH-253; |
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JWH-258; |
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JWH-259; |
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JWH-260; |
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JWH-262; |
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JWH-267; |
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JWH-302; |
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JWH-303; |
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JWH-305; |
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JWH-306; |
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JWH-311; |
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JWH-312; |
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JWH-313; |
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JWH-314; |
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JWH-315; |
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JWH-386; |
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JWH-387; |
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JWH-394; |
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JWH-395; |
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JWH-397; |
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JWH-398; |
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JWH-399; |
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JWH-400; |
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JWH-412; |
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JWH-413; [and] |
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JWH-414; |
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MAM-2201; |
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UR-144; and |
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XLR-11; |
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(2) compounds [naphthylmethylindones structurally
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derived from 1H-indol-3-yl-(1-naphthyl)methane by substitution at
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the nitrogen atom of the indole ring by alkyl, alkenyl,
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cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl)ethyl,
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whether or not further substituted in the indole ring to any extent,
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whether or not substituted in the naphthyl ring to any extent,
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including:
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[JWH-175;
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[JWH-184;
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[JWH-185;
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[JWH-192;
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[JWH-194;
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[JWH-195;
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[JWH-196;
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[JWH-197; and
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[JWH-199;
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[naphthoylpyrroles] structurally derived from |
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pyrrole or from any isostere of pyrrole [3-(1-naphthoyl)pyrrole] by |
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substitution at both the 1-position [nitrogen atom] of the pyrrole |
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ring system with any [by] alkyl group, cycloalkyl group, or |
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(cycloalkyl)alkyl group, or with an isostere or derivative of any |
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of these groups, and the 3-position of the pyrrole ring system with |
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any alkyl group, cycloalkyl group, or (cycloalkyl)alkyl group, or |
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with an isostere or derivative of any of these groups, regardless |
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of[, alkenyl, cycloalkylmethyl, cycloalkylethyl, or
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2-(4-morpholinyl)ethyl,] whether the pyrrole ring system is [or
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not] further substituted [in the pyrrole ring] to any extent at |
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other ring system positions by additional groups, such as[, whether
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or not substituted in the naphthyl ring to any extent, including]: |
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JWH-030; |
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JWH-145; |
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JWH-146; |
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JWH-147; |
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JWH-150; |
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JWH-156; |
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JWH-243; |
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JWH-244; |
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JWH-245; |
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JWH-246; |
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JWH-292; |
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JWH-293; |
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JWH-307; |
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JWH-308; |
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JWH-309; |
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JWH-346; |
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JWH-347; |
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JWH-348; |
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JWH-363; |
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JWH-364; |
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JWH-365; |
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JWH-366; |
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JWH-367; |
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JWH-368; |
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JWH-369; |
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JWH-370; |
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JWH-371; |
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JWH-372; |
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JWH-373; and |
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JWH-392; |
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(3) compounds [naphthylmethylindenes structurally
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derived from 1-(1-naphthylmethyl)indene by substitution at the
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3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl,
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cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further
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substituted in the indene ring to any extent, whether or not
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substituted in the naphthyl ring to any extent, including:
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[JWH-171;
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[JWH-172;
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[JWH-173; and
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[JWH-176;
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[phenylacetylindoles structurally derived from
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3-phenylacetylindole by substitution at the nitrogen atom of the
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indole ring with alkyl, alkenyl, cycloalkylmethyl,
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cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further
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substituted in the indole ring to any extent, whether or not
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substituted in the phenyl ring to any extent, including:
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[AM-694;
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[AM-1241;
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[JWH-167;
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[JWH-203;
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[JWH-204;
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[JWH-205;
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[JWH-206;
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[JWH-208;
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[JWH-237;
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[JWH-248;
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[JWH-249;
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[JWH-250;
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[JWH-251;
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[JWH-252;
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[JWH-253;
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[JWH-302;
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[JWH-303;
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[JWH-305;
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[JWH-306;
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[JWH-311;
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[JWH-312;
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[JWH-313;
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[JWH-314; and
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[JWH-315;
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[cyclohexylphenols] structurally derived from |
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2-cyclohexylphenol, or from any isostere of 2-cyclohexylphenol, |
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[2-(3-hydroxycyclohexyl)phenol] by substitution at the 5-position |
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of the phenyl [phenolic] ring with any [by] alkyl group, a |
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cycloalkyl group, or a (cycloalkyl)alkyl group, or with an isostere |
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of any of these groups[, alkenyl, cycloalkylmethyl,
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cycloalkylethyl, or 2-(4-morpholinyl)ethyl], regardless of whether |
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further [or not] substituted in the cyclohexyl ring or in the phenyl |
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ring to any extent, such as [including]: |
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CP-55,940; |
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CP-47,497; |
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analogues of CP-47,497, including VII, V, VIII, I, |
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II, III, IV, IX, X, XI, XII, XIII, XV, and XVI; |
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JWH-337; |
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JWH-344; |
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JWH-345; and |
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JWH-405; and |
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(4) cannabinol derivatives, except where contained in |
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marihuana, including tetrahydro derivatives of cannabinol and |
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3-alkyl homologues of cannabinol or of its tetrahydro derivatives, |
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such as: |
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Nabilone; |
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HU-210; |
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HU-211; and |
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WIN-55,212-2. |
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SECTION 3. Section 481.106, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE |
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ANALOGUE. For the purposes of the prosecution of an offense under |
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this subchapter involving the manufacture, delivery, or possession |
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of a controlled substance, Penalty Groups 1, 1-A, [and] 2, and 2-A |
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include a controlled substance analogue that: |
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(1) has a chemical structure substantially similar to |
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the chemical structure of a controlled substance listed in the |
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applicable penalty group; or |
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(2) is specifically designed to produce an effect |
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substantially similar to, or greater than, a controlled substance |
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listed in the applicable penalty group. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |