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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation for criminal prosecution and other |
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purposes of certain chemicals commonly referred to as synthetic |
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cannabinoids as controlled substances and controlled substance |
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analogues under the 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. 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 481.1031, 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. (a) In this section: |
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(1) "Core component" means one of the following |
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functional groups: benzimidazole, benzothiazole, carbazole, |
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imidazole, indane, indazole, indene, indole, pyrazole, |
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pyrazolopyridine, or pyrrole. |
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(2) "Group A component" means one of the following |
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functional groups: adamantane, benzene, cycloalkylmethyl, |
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isoquinoline, methylpiperazine, naphthalene, phenyl, quinoline, |
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tetrahydronaphthalene, tetramethylcyclopropane, amino oxobutane, |
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amino dimethyl oxobutane, amino phenyl oxobutane, methyl methoxy |
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oxobutane, methoxy dimethyl oxobutane, methoxy phenyl oxobutane, |
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or an amino acid. |
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(3) "Link component" means one of the following |
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functional groups: carboxamide, carboxylate, methanone (ketone), |
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ethanone, methanediyl (methylene bridge), or methine. |
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(b) Penalty Group 2-A consists of any material, compound, |
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mixture, or preparation that contains any quantity of a natural or |
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synthetic chemical substance, including its salts, isomers, and |
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salts of isomers, listed by name in this subsection or contained |
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within one of the structural classes defined in this subsection: |
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(1) WIN-55,212-2; |
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(2) Cyclohexylphenol: any 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 by substitution at the nitrogen atom of the
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indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
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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 by substitution at the nitrogen
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atom of the indole 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 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 by substitution at the nitrogen atom of the
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pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
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or 2-(4-morpholinyl)ethyl, whether or not further substituted in
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the pyrrole ring to any extent, whether or not substituted in the
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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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[naphthylmethylindenes structurally derived from
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1-(1-naphthylmethyl)indene by substitution at the 3-position of
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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-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of |
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the phenolic ring [by alkyl], (N-methylpiperidin-2-yl)alkyl, |
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(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl [alkenyl,
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cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl)ethyl], |
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whether or not substituted in the cyclohexyl ring to any extent, |
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including: |
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JWH-337; |
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JWH-344; |
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CP-55,940; |
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CP-47,497; and |
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analogues of CP-47,497; |
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(3) Cannabinol[, including VII, V, VIII, I, II, III,
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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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[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; and |
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HU-211; |
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(4) Tetramethylcyclopropyl thiazole: any compound |
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structurally derived from 2,2,3,3-tetramethyl-N-(thiazol- |
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2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen |
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atom of the thiazole ring, whether or not further substituted in the |
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thiazole ring to any extent, whether or not substituted in the |
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tetramethylcyclopropyl ring to any extent, including: |
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A-836,339; |
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(5) any compound containing a core component |
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substituted at the 1-position to any extent, and substituted at the |
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3-position with a link component attached to a group A component, |
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whether or not the core component or group A component are further |
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substituted to any extent, including: |
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Naphtoylindane; |
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Naphthoylindazole (THJ-018); |
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Naphthyl methyl indene (JWH-171); |
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Naphthoylindole (JWH-018); |
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Quinolinoyl pyrazole carboxylate (Quinolinyl |
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fluoropentyl fluorophenyl pyrazole carboxylate); |
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Naphthoyl pyrazolopyridine; and |
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Naphthoylpyrrole (JWH-030); |
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(6) any compound containing a core component |
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substituted at the 1-position to any extent, and substituted at the |
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2-position with a link component attached to a group A component, |
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whether or not the core component or group A component are further |
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substituted to any extent, including: |
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Naphthoylbenzimidazole (JWH-018 Benzimidazole); |
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and |
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Naphthoylimidazole; |
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(7) any compound containing a core component |
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substituted at the 3-position to any extent, and substituted at the |
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2-position with a link component attached to a group A component, |
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whether or not the core component or group A component are further |
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substituted to any extent, including: |
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Naphthoyl benzothiazole; and |
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(8) any compound containing a core component |
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substituted at the 9-position to any extent, and substituted at the |
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3-position with a link component attached to a group A component, |
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whether or not the core component or group A component are further |
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substituted to any extent, including: |
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Naphthoylcarbazole (EG-018) [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, 2015. |
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