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A BILL TO BE ENTITLED
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AN ACT
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relating to classifying synthetic cannabinoid or cathinone as a |
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Schedule I controlled substance under the Texas Controlled |
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Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.038 to read as follows: |
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Sec. 481.038. SYNTHETIC CANNABINOID OR CATHINONE. |
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(a) Schedule I includes any synthetic cannabinoid or cathinone |
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designer drug that is not regulated by the United States Food and |
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Drug Administration or by the laws of this state but that is similar |
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by structure or pharmacological effect to a Schedule I or II |
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controlled substance that is regulated under federal law or the |
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laws of this state. In this subsection, "similar" means a substance |
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that contains one or more subunits in common with, or that mimics |
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the pharmacological effect of, a Schedule I or II controlled |
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substance. |
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(b) Any compound of a designer drug described by Subsection |
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(a) that is manufactured, formulated, sold, distributed, or |
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marketed with the intent to circumvent the law under this chapter or |
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federal law is a Schedule I controlled substance. |
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(c) Examples of synthetic cannabinoid designer drugs |
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include substances that are generated using a three-component |
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pharmacophore model. Synthetic cannabinoid designer drugs that |
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contain one or more components of a controlled substance in |
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Schedule I or II under federal or state law are analogues of |
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Schedule I or II controlled substances. |
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(d) Nothing in this section affects an exemption provided |
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under state law to a person who possesses for a lawful purpose a |
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chemical formula defined as a controlled substance. |
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SECTION 2. This Act takes effect September 1, 2015. |