By: Huffman	S.B. No. 264
	(In the Senate - Filed January 25, 2013; January 29, 2013,
	read first time and referred to Committee on Criminal Justice;
	April 8, 2013, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 7, Nays 0; April 8, 2013,
	sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 264	By:  Hinojosa

	A BILL TO BE ENTITLED
	AN ACT
	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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subdivision (50), Section 481.002, Health and
	Safety Code, is amended to read as follows:
	(50)  "Abuse unit" means:
	(A)  except as provided by Paragraph (B):
	(i)  a single unit on or in any adulterant,
	dilutant, or similar carrier medium, including marked or perforated
	blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or
	other medium that contains any amount of a controlled substance
	listed in Penalty Group 1-A, if the unit is commonly used in abuse
	of that substance; or
	(ii)  each quarter-inch square section of
	paper, if the adulterant, dilutant, or carrier medium is paper not
	marked or perforated into individual abuse units; or
	(B)  if the controlled substance is in liquid or
	solid form, 40 micrograms of the controlled substance including any
	adulterant or dilutant.
	SECTION 2.  Section 481.1021, Health and Safety Code, is
	amended to read as follows:
	Sec. 481.1021.  PENALTY GROUP 1-A. (a)  Penalty Group 1-A
	consists of:
	(1)  lysergic acid diethylamide (LSD), including its
	salts, isomers, and salts of isomers; and
	(2)  compounds structurally derived from
	2,5-dimethoxyphenethylamine by substitution at the 1-amino
	nitrogen atom with a benzyl substituent, including:
	(A)  compounds further modified by:
	(i)  substitution in the phenethylamine ring
	at the 4- position to any extent (including alkyl, alkoxy,
	alkylenedioxy, haloalkyl, or halide substituents); or
	(ii)  substitution in the benzyl ring to any
	extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
	halide substituents); and
	(B)  by example, compounds such as:
	4-Bromo-2,5-dimethoxy-N-(2-methoxybenzyl)
	phenethylamine (trade or other names: 25B-NBOMe, 2C-B-NBOMe);
	4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)
	phenethylamine (trade or other names: 25C-NBOMe, 2C-C-NBOMe);
	2,5-Dimethoxy-4-methyl-N-(2-methoxybenzyl)
	phenethylamine (trade or other names: 25D-NBOMe, 2C-D-NBOMe);
	4-Ethyl-2,5-dimethoxy-N-(2-methoxybenzyl)
	phenethylamine (trade or other names: 25E-NBOMe, 2C-E-NBOMe);
	2,5-Dimethoxy-N-(2-
	methoxybenzyl)phenethylamine (trade or other names: 25H-NBOMe,
	2C-H-NBOMe);
	4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)
	phenethylamine (trade or other names: 25I-NBOMe, 2C-I-NBOMe);
	4-Iodo-2,5-dimethoxy-N-
	benzylphenethylamine (trade or other name: 25I-NB);
	4-Iodo-2,5-dimethoxy-N-(2,3-
	methylenedioxybenzyl)phenethylamine (trade or other name:
	25I-NBMD);
	4-Iodo-2,5-dimethoxy-N-(2-
	fluorobenzyl)phenethylamine (trade or other name: 25I-NBF);
	4-Iodo-2,5-dimethoxy-N-(2-hydroxybenzyl)
	phenethylamine (trade or other name: 25I-NBOH);
	2,5-Dimethoxy-4-nitro-N-(2-methoxybenzyl)
	phenethylamine (trade or other names: 25N-NBOMe, 2C-N-NBOMe); and
	2,5-Dimethoxy-4-(n)-propyl-N-(2-
	methoxybenzyl)phenethylamine (trade or other names: 25P-NBOMe,
	2C-P-NBOMe).
	(b)  To the extent Subsection (a)(2) conflicts with this
	subtitle or another law, the subtitle or other law prevails.
	SECTION 3.  Subsections (a) and (c), Section 481.103, Health
	and Safety Code, are amended to read as follows:
	(a)  Penalty Group 2 consists of:
	(1)  any quantity of the following hallucinogenic
	substances, their salts, isomers, and salts of isomers, unless
	specifically excepted, if the existence of these salts, isomers,
	and salts of isomers is possible within the specific chemical
	designation:
	alpha-ethyltryptamine;
	alpha-methyltryptamine;
	[4-bromo-2, 5-dimethoxyamphetamine (some trade or
	other names:     4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
	4-bromo-2, 5-DMA);
	[4-bromo-2, 5-dimethoxyphenethylamine;]
	Bufotenine (some trade and other names:  3-(beta-
	Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5-
	indolol; N, N-dimethylserotonin; 5-hydroxy-N, N-
	dimethyltryptamine; mappine);
	Diethyltryptamine (some trade and other
	names:  N, N-Diethyltryptamine, DET);
	2, 5-dimethoxyamphetamine (some trade or other
	names:  2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
	[2, 5-dimethoxy-4-ethylamphetamine (trade or
	other name:     DOET);
	[2, 5-dimethoxy-4-(n)-propylthiophenethylamine
	(trade or other name:     2C-T-7);]
	Dimethyltryptamine (trade or other name:  DMT);
	Dronabinol (synthetic) in sesame oil and
	encapsulated in a soft gelatin capsule in a U.S. Food and Drug
	Administration approved drug product (some trade or other names for
	Dronabinol:  (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
	trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
	(trans)- tetrahydrocannabinol);
	Ethylamine Analog of Phencyclidine (some trade or
	other names:  N-ethyl-1-phenylcyclohexylamine, (1-
	phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
	cyclohexamine, PCE);
	Ibogaine (some trade or other names:  7-Ethyl-6,
	6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
	pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
	Mescaline;
	5-methoxy-N, N-diisopropyltryptamine;
	5-methoxy-3, 4-methylenedioxy amphetamine;
	4-methoxyamphetamine (some trade or other
	names:  4-methoxy-alpha-methylphenethylamine;
	paramethoxyamphetamine; PMA);
	1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
	PPMP);
	4-methyl-2, 5-dimethoxyamphetamine (some trade
	and other names:  4-methyl-2, 5-dimethoxy-alpha-
	methylphenethylamine; "DOM"; "STP");
	3,4-methylenedioxy methamphetamine (MDMA, MDM);
	3,4-methylenedioxy amphetamine;
	3,4-methylenedioxy N-ethylamphetamine (Also
	known as N-ethyl MDA);
	Nabilone (Another name for nabilone:  (+)-trans-
	3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
	6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
	N-benzylpiperazine (some trade or other
	names:  BZP; 1-benzylpiperazine);
	N-ethyl-3-piperidyl benzilate;
	N-hydroxy-3,4-methylenedioxyamphetamine (Also
	known as N-hydroxy MDA);
	4-methylaminorex;
	N-methyl-3-piperidyl benzilate;
	Parahexyl (some trade or other names:  3-Hexyl-1-
	hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
	pyran; Synhexyl);
	1-Phenylcyclohexylamine;
	1-Piperidinocyclohexanecarbonitrile (PCC);
	Psilocin;
	Psilocybin;
	Pyrrolidine Analog of Phencyclidine (some trade
	or other names:  1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
	Tetrahydrocannabinols, other than marihuana, and
	synthetic equivalents of the substances contained in the plant, or
	in the resinous extractives of Cannabis, or synthetic substances,
	derivatives, and their isomers with similar chemical structure and
	pharmacological activity such as:
	delta-1 cis or trans tetrahydrocannabinol,
	and their optical isomers;
	delta-6 cis or trans tetrahydrocannabinol,
	and their optical isomers;
	delta-3, 4 cis or trans
	tetrahydrocannabinol, and its optical isomers;
	compounds of these structures, regardless of
	numerical designation of atomic positions, since nomenclature of
	these substances is not internationally standardized;
	Thiophene Analog of Phencyclidine (some trade or
	other names:  1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
	Analog of Phencyclidine; TPCP, TCP);
	1-pyrrolidine (some trade or other name:  TCPy);
	1-(3-trifluoromethylphenyl)piperazine (trade or
	other name:  TFMPP); and
	3,4,5-trimethoxy amphetamine;
	(2)  Phenylacetone (some trade or other
	names:  Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
	ketone);
	(3)  unless specifically excepted or unless listed in
	another Penalty Group, a material, compound, mixture, or
	preparation that contains any quantity of the following substances
	having a potential for abuse associated with a depressant or
	stimulant effect on the central nervous system:
	Aminorex (some trade or other
	names:  aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
	phenyl-2-oxazolamine);
	Amphetamine, its salts, optical isomers, and
	salts of optical isomers;
	Cathinone (some trade or other names:  2-amino-1-
	phenyl-1-propanone, alpha-aminopropiophenone, 2-
	aminopropiophenone);
	Etorphine Hydrochloride;
	Fenethylline and its salts;
	Lisdexamfetamine, including its salts, isomers,
	and salts of isomers;
	Mecloqualone and its salts;
	Methaqualone and its salts;
	Methcathinone (some trade or other names:  2-
	methylamino-propiophenone; alpha-(methylamino)propriophenone;
	2-(methylamino)-1-phenylpropan-1-one; alpha-N-
	methylaminopropriophenone; monomethylpropion; ephedrone, N-
	methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
	1431);
	N-Ethylamphetamine, its salts, optical isomers,
	and salts of optical isomers; and
	N,N-dimethylamphetamine (some trade or other
	names:  N,N,alpha-trimethylbenzeneethaneamine;
	N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
	and salts of optical isomers; [and]
	(4)  any compound structurally derived from
	2-aminopropanal by substitution at the 1-position with any
	monocyclic or fused-polycyclic ring system, including:
	(A)  compounds further modified by:
	(i)  substitution in the ring system to any
	extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
	halide substituents), whether or not further substituted in the
	ring system by other substituents;
	(ii)  substitution at the 3-position with an
	alkyl substituent; or
	(iii)  substitution at the 2-amino nitrogen
	atom with alkyl or dialkyl groups, or inclusion of the 2-amino
	nitrogen atom in a cyclic structure; and
	(B)  by example, compounds such as:
	4-Methylmethcathinone (Also known as
	Mephedrone);
	3,4-Dimethylmethcathinone (Also known as
	3,4-DMMC);
	3-Fluoromethcathinone (Also known as 3-FMC);
	4-Fluoromethcathinone (Also known as
	Flephedrone);
	3,4-Methylenedioxy-N-methylcathinone (Also
	known as Methylone);
	3,4-Methylenedioxypyrovalerone (Also known
	as MDPV);
	alpha-Pyrrolidinopentiophenone (Also known
	as alpha-PVP);
	Naphthylpyrovalerone  (Also known as
	Naphyrone);
	alpha-Methylamino-valerophenone (Also known
	as Pentedrone);
	beta-Keto-N-methylbenzodioxolylpropylamine
	(Also known as Butylone);
	beta-Keto-N-methylbenzodioxolylpentanamine
	(Also known as Pentylone);
	beta-Keto-Ethylbenzodioxolylbutanamine
	(Also known as Eutylone); and
	3,4-methylenedioxy-N-ethylcathinone (Also
	known as Ethylone);
	(5)  2,5-Dimethoxyphenethylamine and any compound
	structurally derived from 2,5-Dimethoxyphenethylamine by
	substitution at the 4-position of the phenyl ring to any extent
	(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
	substituents), including, by example, compounds such as:
	4-Bromo-2,5-dimethoxyphenethylamine (trade or
	other name: 2C-B);
	4-Chloro-2,5-dimethoxyphenethylamine (trade or
	other name: 2C-C);
	2,5-Dimethoxy-4-methylphenethylamine (trade or
	other name: 2C-D);
	4-Ethyl-2,5-dimethoxyphenethylamine (trade or
	other name: 2C-E);
	4-Iodo-2,5-dimethoxyphenethylamine (trade or
	other name: 2C-I);
	2,5-Dimethoxy-4-nitrophenethylamine (trade or
	other name: 2C-N);
	2,5-Dimethoxy-4-(n)-propylphenethylamine (trade
	or other name: 2C-P);
	4-Ethylthio-2,5-dimethoxyphenethylamine (trade
	or other name: 2C-T-2);
	4-Isopropylthio-2,5-dimethoxyphenethylamine
	(trade or other name: 2C-T-4); and
	2,5-Dimethoxy-4-(n)-propylthiophenethylamine
	(trade or other name: 2C-T-7); and
	(6)  2,5-Dimethoxyamphetamine and any compound
	structurally derived from 2,5-Dimethoxyamphetamine by substitution
	at the 4- position of the phenyl ring to any extent (including
	alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
	including, by example, compounds such as:
	4-Ethylthio-2,5-dimethoxyamphetamine (trade or
	other name: Aleph-2);
	4-Isopropylthio-2,5-dimethoxyamphetamine (trade
	or other name: Aleph-4);
	4-Bromo-2,5-dimethoxyamphetamine (trade or other
	name:  DOB);
	4-Chloro-2,5-dimethoxyamphetamine (trade or
	other name:  DOC);
	2,5-Dimethoxy-4-ethylamphetamine (trade or other
	name: DOET);
	4-Iodo-2,5-dimethoxyamphetamine (trade or other
	name:  DOI);
	2,5-Dimethoxy-4-methylamphetamine (trade or
	other name:  DOM);
	2,5-Dimethoxy-4-nitroamphetamine (trade or other
	name:  DON);
	4-Isopropyl-2,5-dimethoxyamphetamine (trade or
	other name:  DOIP); and
	2,5-Dimethoxy-4-(n)-propylamphetamine (trade or
	other name:  DOPR).
	(c)  To the extent Subsection (a)(4), (5), or (6) conflicts
	with this subtitle or another law, the subtitle or other law
	prevails.
	SECTION 4.  The change in law made by this Act applies 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 5.  This Act takes effect September 1, 2013.
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