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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 compounds to |
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Penalty Group 2 or 2-A of the Texas Controlled Substances Act; |
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increasing penalties for certain persons convicted of the |
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manufacture and delivery of controlled substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 481.002(5) and (6), Health and Safety |
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Code, are amended to read as follows: |
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(5) "Controlled substance" means a substance, |
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including a drug, an adulterant, and a dilutant, listed in |
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Schedules I through V or Penalty Group [Groups] 1, 1-A, [or] 2, 2-A, |
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3, or [through] 4. The term includes the aggregate weight of any |
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mixture, solution, or other substance containing a controlled |
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substance. |
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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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SECTION 2. Section 481.103(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Penalty Group 2 consists of: |
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(1) any quantity of the following hallucinogenic |
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substances, their salts, isomers, and salts of isomers, unless |
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specifically excepted, if the existence of these salts, isomers, |
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and salts of isomers is possible within the specific chemical |
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designation: |
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alpha-ethyltryptamine; |
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alpha-methyltryptamine; |
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5-(2-aminopropyl)benzofuran (5-APB); |
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6-(2-aminopropyl)benzofuran (6-APB); |
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5-(2-aminopropyl)-2,3-dihydrobenzofuran |
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(5-APDB); |
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6-(2-aminopropyl)-2,3-dihydrobenzofuran |
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(6-APDB); |
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5-(2-aminopropyl)indole (Trade or other names: |
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5-IT, 5-API); |
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6-(2-aminopropyl)indole (Trade or other names: |
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6-IT, 6-API); |
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Benzothiophenylcyclohexylpiperidine (BTCP); |
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4-bromo-2, 5-dimethoxyamphetamine (some trade or |
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other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine; |
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4-bromo-2, 5-DMA); |
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4-bromo-2, 5-dimethoxyphenethylamine; |
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8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- |
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4-ethanamine (Trade or other name: Bromo-DragonFLY); |
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Bufotenine (some trade and other names: 3-(beta- |
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Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5- |
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indolol; N, N-dimethylserotonin; 5-hydroxy-N, N- |
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dimethyltryptamine; mappine); |
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Desoxypipradrol (2-benzhydrylpiperidine); |
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Diethyltryptamine (some trade and other names: N, |
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N-Diethyltryptamine, DET); |
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2, 5-dimethoxyamphetamine (some trade or other |
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names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA); |
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2, 5-dimethoxy-4-ethylamphetamine (trade or other |
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name: DOET); |
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2, 5-dimethoxy-4-(n)-propylthiophenethylamine |
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(trade or other name: 2C-T-7); |
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Dimethyltryptamine (trade or other name: DMT); |
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Diphenylprolinol (diphenyl(pyrrolidin-2-yl) |
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methanol, D2PM); |
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Dronabinol (synthetic) in sesame oil and |
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encapsulated in a soft gelatin capsule in a U.S. Food and Drug |
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Administration approved drug product (some trade or other names for |
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Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- |
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trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- |
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(trans)- tetrahydrocannabinol); |
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Ethylamine Analog of Phencyclidine (some trade or |
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other names: N-ethyl-1-phenylcyclohexylamine, (1- |
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phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, |
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cyclohexamine, PCE); |
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2-ethylamino-2-(3-methoxyphenyl)cyclohexanone |
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(Trade or other name: methoxetamine); |
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Ibogaine (some trade or other names: 7-Ethyl-6, |
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6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- |
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pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.); |
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5-iodo-2-aminoindane (5-IAI); |
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Mescaline; |
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5-methoxy-N, N-diisopropyltryptamine |
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(5-MeO-DIPT); |
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5-methoxy-N, N-diallyltryptamine (5MeO-DALT); |
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5-methoxy-3, 4-methylenedioxy amphetamine; |
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4-methoxyamphetamine (some trade or other names: |
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4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; |
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PMA); |
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4-methoxymethamphetamine (PMMA); |
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2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone |
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(Trade or other names: 2-MeO-ketamine; methoxyketamine); |
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1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, |
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PPMP); |
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4-methyl-2, 5-dimethoxyamphetamine (some trade |
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and other names: 4-methyl-2, 5-dimethoxy-alpha- |
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methylphenethylamine; "DOM"; "STP"); |
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3,4-methylenedioxy methamphetamine (MDMA, MDM); |
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3,4-methylenedioxy amphetamine; |
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3,4-methylenedioxy N-ethylamphetamine (Also |
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known as N-ethyl MDA); |
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5,6-methylenedioxy-2-aminoindane (MDAI); |
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Nabilone (Another name for nabilone: (+)-trans- |
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3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, |
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6-dimethyl-9H-dibenzo[b,d] pyran-9-one; |
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N-benzylpiperazine (some trade or other names: |
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BZP; 1-benzylpiperazine); |
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N-ethyl-3-piperidyl benzilate; |
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N-hydroxy-3,4-methylenedioxyamphetamine (Also |
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known as N-hydroxy MDA); |
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4-methylaminorex; |
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N-methyl-3-piperidyl benzilate; |
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O-Acetylpsilocin (Trade or other name: |
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4-Aco-DMT); |
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Parahexyl (some trade or other names: 3-Hexyl-1- |
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hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] |
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pyran; Synhexyl); |
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1-Phenylcyclohexylamine; |
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1-Piperidinocyclohexanecarbonitrile (PCC); |
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Psilocin; |
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Psilocybin; |
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Pyrrolidine Analog of Phencyclidine (some trade |
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or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP); |
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Tetrahydrocannabinols, other than marihuana, and |
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synthetic equivalents of the substances contained in the plant, or |
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in the resinous extractives of Cannabis, or synthetic substances, |
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derivatives, and their isomers with similar chemical structure and |
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pharmacological activity such as: |
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delta-1 cis or trans tetrahydrocannabinol, |
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and their optical isomers; |
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delta-6 cis or trans tetrahydrocannabinol, |
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and their optical isomers; |
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delta-3, 4 cis or trans |
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tetrahydrocannabinol, and its optical isomers; |
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compounds of these structures, regardless of |
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numerical designation of atomic positions, since nomenclature of |
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these substances is not internationally standardized; |
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Thiophene Analog of Phencyclidine (some trade or |
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other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl |
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Analog of Phencyclidine; TPCP, TCP); |
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1-pyrrolidine (some trade or other name: TCPy); |
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1-(3-trifluoromethylphenyl)piperazine (trade or |
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other name: TFMPP); and |
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3,4,5-trimethoxy amphetamine; |
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(2) Phenylacetone (some trade or other names: |
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Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl |
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ketone); |
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(3) unless specifically excepted or unless listed in |
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another Penalty Group, a material, compound, mixture, or |
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preparation that contains any quantity of the following substances |
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having a potential for abuse associated with a depressant or |
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stimulant effect on the central nervous system: |
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Aminorex (some trade or other names: aminoxaphen; |
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2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5- |
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phenyl-2-oxazolamine); |
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Amphetamine, its salts, optical isomers, and |
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salts of optical isomers; |
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Cathinone (some trade or other names: 2-amino-1- |
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phenyl-1-propanone, alpha-aminopropiophenone, 2- |
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aminopropiophenone); |
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Etaqualone and its salts; |
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Etorphine Hydrochloride; |
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Fenethylline and its salts; |
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Lisdexamfetamine, including its salts, isomers, |
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and salts of isomers; |
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Mecloqualone and its salts; |
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Methaqualone and its salts; |
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Methcathinone (some trade or other names: 2- |
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methylamino-propiophenone; alpha-(methylamino)propriophenone; |
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2-(methylamino)-1-phenylpropan-1-one; alpha-N- |
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methylaminopropriophenone; monomethylpropion; ephedrone, N- |
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methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR |
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1431); |
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N-Ethylamphetamine, its salts, optical isomers, |
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and salts of optical isomers; and |
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N,N-dimethylamphetamine (some trade or other |
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names: N,N,alpha-trimethylbenzeneethaneamine; |
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N,N,alpha-trimethylphenethylamine), its salts, optical isomers, |
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and salts of optical isomers; and |
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(4) any compound structurally derived from |
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2-aminopropanal by substitution at the 1-position with any |
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monocyclic or fused-polycyclic ring system, including: |
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(A) compounds further modified by: |
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(i) substitution in the ring system to any |
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extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, |
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hydroxyl, or halide substituents), whether or not further |
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substituted in the ring system by other substituents; |
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(ii) substitution at the 3-position with an |
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acyclic alkyl substituent; or |
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(iii) substitution at the 2-amino nitrogen |
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atom with alkyl, [or] dialkyl, benzyl, or methoxybenzyl groups, or |
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inclusion of the 2-amino nitrogen atom in a cyclic structure; and |
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(B) by example, compounds such as: |
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4-Methoxymethcathinone (Also known as |
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Methedrone); |
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4-Methylmethcathinone (Also known as |
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Mephedrone); |
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3,4-Dimethylmethcathinone (Also known as |
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3,4-DMMC); |
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3-Fluoromethcathinone (Also known as 3-FMC); |
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4-Fluoromethcathinone (Also known as |
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Flephedrone); |
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3,4-Methylenedioxy-N-methylcathinone (Also |
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known as Methylone); |
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3,4-Methylenedioxypyrovalerone (Also known |
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as MDPV); |
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alpha-Pyrrolidinopentiophenone (Also known |
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as alpha-PVP); |
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Naphthylpyrovalerone (Also known as |
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Naphyrone); |
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beta-Keto-N-methylbenzodioxolylpropylamine |
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(Also known as Butylone); |
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beta-Keto-N-methylbenzodioxolylpentanamine |
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(Also known as Pentylone); |
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beta-Keto-Ethylbenzodioxolylbutanamine |
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(Also known as Eutylone); and |
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3,4-methylenedioxy-N-ethylcathinone (Also |
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known as Ethylone). |
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SECTION 3. 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 effect |
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of naturally occurring cannabinoids, including: |
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naphthoylindoles structurally derived from |
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3-(1-naphthoyl)indole with or without [by] substitution at the |
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nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, |
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cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl) |
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methyl, cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, |
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(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, |
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or 2-(4-morpholinyl)ethyl, whether or not further substituted in |
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the indole ring to any extent, whether or not substituted in the |
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napthyl ring to any extent, including: |
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AM-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-180; |
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JWH-181; |
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JWH-182; |
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JWH-189; |
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JWH-193; |
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JWH-198; |
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JWH-200; |
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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-239; |
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JWH-240; |
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JWH-241; |
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JWH-242; |
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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-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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naphthylmethylindones structurally derived from |
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1H-indol-3-yl-(1-naphthyl)methane with or without [by] |
|
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substitution at the nitrogen atom of the indole ring by alkyl, |
|
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haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, |
|
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(N-methylpiperidin-2-yl)methyl, cyanoalkyl, (N-methylpyrrolidin- |
|
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2-yl)methyl, (tetrahydropyran-4-yl)methyl, ((N-methyl)-3- |
|
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morpholinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not |
|
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further substituted in the indole 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-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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3-(1-naphthoyl)pyrrole with or without [by] substitution at the |
|
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nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, |
|
|
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl) |
|
|
methyl, cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, |
|
|
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, |
|
|
or 2-(4-morpholinyl)ethyl, whether or not further substituted in |
|
|
the pyrrole ring to any extent, whether or not substituted in the |
|
|
naphthyl ring to any extent, including: |
|
|
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; |
|
|
JWH-156; |
|
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JWH-243; |
|
|
JWH-244; |
|
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JWH-245; |
|
|
JWH-246; |
|
|
JWH-292; |
|
|
JWH-293; |
|
|
JWH-307; |
|
|
JWH-308; |
|
|
JWH-309; |
|
|
JWH-346; |
|
|
JWH-347; |
|
|
JWH-348; |
|
|
JWH-363; |
|
|
JWH-364; |
|
|
JWH-365; |
|
|
JWH-366; |
|
|
JWH-367; |
|
|
JWH-368; |
|
|
JWH-369; |
|
|
JWH-370; |
|
|
JWH-371; |
|
|
JWH-372; |
|
|
JWH-373; and |
|
|
JWH-392; |
|
|
naphthylmethylindenes structurally derived from |
|
|
1-(1-naphthylmethyl)indene with or without [by] substitution at |
|
|
the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, |
|
|
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl) |
|
|
methyl, cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, |
|
|
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, |
|
|
or 2-(4-morpholinyl)ethyl, whether or not further substituted in |
|
|
the indene ring to any extent, whether or not substituted in the |
|
|
naphthyl ring to any extent, including: |
|
|
JWH-171; |
|
|
JWH-172; |
|
|
JWH-173; and |
|
|
JWH-176; |
|
|
phenylacetylindoles structurally derived from |
|
|
3-phenylacetylindole with or without [by] substitution at the |
|
|
nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, |
|
|
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl) |
|
|
methyl, cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, |
|
|
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, |
|
|
or 2-(4-morpholinyl)ethyl, whether or not further substituted in |
|
|
the indole ring to any extent, whether or not substituted in the |
|
|
phenyl ring to any extent, including: |
|
|
AM-694; |
|
|
AM-1241; |
|
|
JWH-167; |
|
|
JWH-203; |
|
|
JWH-204; |
|
|
JWH-205; |
|
|
JWH-206; |
|
|
JWH-208; |
|
|
JWH-237; |
|
|
JWH-248; |
|
|
JWH-249; |
|
|
JWH-250; |
|
|
JWH-251; |
|
|
JWH-252; |
|
|
JWH-253; |
|
|
JWH-302; |
|
|
JWH-303; |
|
|
JWH-305; |
|
|
JWH-306; |
|
|
JWH-311; |
|
|
JWH-312; |
|
|
JWH-313; |
|
|
JWH-314; and |
|
|
JWH-315; |
|
|
cyclohexylphenols structurally derived from |
|
|
2-(3-hydroxycyclohexyl)phenol with or without [by] substitution at |
|
|
the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, |
|
|
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl) |
|
|
methyl, cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, |
|
|
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, |
|
|
or 2-(4-morpholinyl)ethyl, whether or not substituted in the |
|
|
cyclohexyl ring to any extent, including: |
|
|
CP-55,940; |
|
|
CP-47,497; |
|
|
analogues of CP-47,497, including VII, V, VIII, I, |
|
|
II, III, IV, IX, X, XI, XII, XIII, XV, and XVI; |
|
|
JWH-337; |
|
|
JWH-344; |
|
|
JWH-345; and |
|
|
JWH-405; [and] |
|
|
benzoylindoles structurally derived from |
|
|
3-(1-naphthoyl)indole with or without substitution at the nitrogen |
|
|
atom of the indole ring with alkyl, haloalkyl, alkenyl, |
|
|
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl) |
|
|
methyl, cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, |
|
|
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, |
|
|
or 2-(4-morpholinyl)ethyl, whether or not further substituted in |
|
|
the indole ring to any extent, whether or not substituted in the |
|
|
phenyl ring to any extent, including: |
|
|
1-pentyl-3-(4-methoxybenzoyl)indole (RCS-4); and |
|
|
1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4- |
|
|
methoxybenzoyl)indole (Pravadoline or WIN 48,098); and |
|
|
cannabinol derivatives, except where contained in |
|
|
marihuana, including tetrahydro derivatives of cannabinol and |
|
|
3-alkyl homologues of cannabinol or of its tetrahydro derivatives, |
|
|
such as: |
|
|
Nabilone; |
|
|
HU-210; |
|
|
HU-211; and |
|
|
WIN-55,212-2. |
|
|
SECTION 4. Section 481.106, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE |
|
|
ANALOGUE. For the purposes of the prosecution of an offense under |
|
|
this subchapter involving the manufacture, delivery, or possession |
|
|
of a controlled substance, Penalty Groups 1, 1-A, [and] 2, and 2-A |
|
|
include a controlled substance analogue that: |
|
|
(1) has a chemical structure substantially similar to |
|
|
the chemical structure of a controlled substance listed in the |
|
|
applicable penalty group; or |
|
|
(2) is specifically designed to produce an effect |
|
|
substantially similar to, or greater than, a controlled substance |
|
|
listed in the applicable penalty group. |
|
|
SECTION 5. Section 481.119(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) A person commits an offense if the person knowingly |
|
|
manufactures, delivers, or possesses with intent to deliver a |
|
|
controlled substance listed in a schedule by an action of the |
|
|
commissioner under this chapter but not listed in a penalty group. |
|
|
An offense under this subsection is a Class A misdemeanor, except |
|
|
that the offense is: |
|
|
(1) a state jail felony, if the person has been |
|
|
previously convicted of an offense under this subsection; or |
|
|
(2) a felony of the third degree, if the person has |
|
|
been previously convicted two or more times of an offense under this |
|
|
subsection. |
|
|
SECTION 6. The changes in law made by this Act apply only to |
|
|
an offense committed on or after the effective date of this Act. An |
|
|
offense committed before the effective date of this Act is governed |
|
|
by the law in effect on the date the offense was committed, and the |
|
|
former law is continued in effect for that purpose. For purposes of |
|
|
this section, an offense was committed before the effective date of |
|
|
this Act if any element of the offense occurred before that date. |
|
|
SECTION 7. This Act takes effect September 1, 2015. |