By: Taylor of Collin S.B. No. 1583

Bettencourt

A BILL TO BE ENTITLED

AN ACT

relating to classifying synthetic cannabinoid or cathinone as a Schedule I controlled substance under the Texas Controlled Substances Act; affecting the prosecution of a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 481, Health and Safety Code, is amended by adding Section 481.038 to read as follows:

Sec. 481.038. SYNTHETIC CANNABINOID OR CATHINONE. (a) Schedule I includes any synthetic cannabinoid or cathinone designer drug that is not regulated by the United States Food and Drug Administration or by the laws of this state but that is similar by structure or pharmacological effect to a Schedule I or II controlled substance that is regulated under federal law or the laws of this state. For purposes of this section, a substance is similar by structure or pharmacological effect to a Schedule I or II controlled substance if the substance contains a majority of functional features in a similar chemical structural arrangement or otherwise mimics the pharmacological effect of a Schedule I or II controlled substance.

(b) Any compound of a designer drug described by Subsection (a) that is manufactured, formulated, sold, distributed, or marketed with the intent to circumvent the law under this chapter or federal law is a Schedule I controlled substance.

(c) Examples of synthetic cannabinoid designer drugs include substances that are generated using a three-component pharmacophore model. Synthetic cannabinoid designer drugs that contain one or more components of a controlled substance in Schedule I or II under federal or state law are analogues of Schedule I or II controlled substances.

(d) Nothing in this section affects an exemption provided under state law to a person who possesses for a lawful purpose a chemical formula defined as a controlled substance.

SECTION 2. This Act takes effect September 1, 2015.