AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
A continuing trend in legal synthetic drugs is designer psychedelics which, when ingested, mimic the effects of LSD or ecstasy, commonly referred to as 25-I. 25-I and its chemical cousins are an extremely dangerous class of synthetic drugs being sold in Texas. These drugs seek to mimic the effects of LSD but are substantially more potent with deadly consequences.
Teens and young people everywhere are overdosing or dying from ingesting this nonpunishable drug. In early 2014, the crime laboratory of the Texas Department of Public Safety reported over 54 cases where 25-I was identified.
None of these cases could be effectively prosecuted because the substance is not currently listed in the Controlled Substances Act. The Department of State Health Services has banned the 25-I, allowing prosecutors to pursue up to a Class A misdemeanor only. S.B. 172 adds certain substances to Penalty Group 2 of the Texas Controlled Substances Act, including 25I-NBOMe.
S.B. 172 amends current law relating to the addition of certain substances to Penalty Groups 1-A and 2 of the Texas Controlled Substances Act for criminal prosecution and other purposes.
As proposed, S.B. 172 amends current law relating to the addition of certain substances to Penalty Groups 1-A and 2 of the Texas Controlled Substances Act for criminal prosecution and other purposes.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subdivision (50), Section 481.002, Health and Safety Code, to redefine "abuse unit."
SECTION 2. Amends Section 481.1021, Health and Safety Code, as follows:
Sec. 481.1021. PENALTY GROUP 1-A. (a) Creates this subsection from existing text. Provides that Penalty Group 1-A consists of lysergic acid diethylamide (LSD), including its salts, isomers, and salts of isomers and certain compounds set forth.
(b) Provides that to the extent Subsection (a)(2) (relating to compounds set forth) conflicts with this subtitle or another law, the subtitle or other law prevails.
SECTION 3. Amends Sections 481.103(a) and (c), Health and Safety Code, as follows:
(a) Provides that Penalty Group 2 consists of any quantity of certain hallucinogenic substances, unless as specifically excepted, as set forth.
(c) Provides that to the extent Subsection (a)(4), (5), or (6), relating to certain compounds as cited, conflicts with this subtitle or another law, the subtitle or other law prevails.
SECTION 4. Makes application of this Act prospective.
SECTION 5. Effective date: September 1, 2015.