The bill would amend the Health and Safety Code by adding Salvia divinorum and its derivatives and extracts to Penalty Group 3 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 3 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 3 is punishable at various levels, misdemeanor and felony, with the level of punishment increasing in severity based on the amount by weight of the substance possessed.
 
A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. 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.

Expanding the list of substances for which possession is a criminal offense is expected to result in increased demands upon the correctional resources of counties or of the state due to longer terms of probation, or longer terms of confinement in county jail, state jail, or prison. For this analysis, it is assumed the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.