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AN ACT
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relating to the penalty group classification of certain controlled |
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substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.102, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of: |
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(1) the following opiates, including their isomers, |
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esters, ethers, salts, and salts of isomers, esters, and ethers, |
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unless specifically excepted, if the existence of these isomers, |
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esters, ethers, and salts is possible within the specific chemical |
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designation: |
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Alfentanil; |
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Allylprodine; |
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Alphacetylmethadol; |
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Benzethidine; |
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Betaprodine; |
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Clonitazene; |
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Diampromide; |
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Diethylthiambutene; |
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Difenoxin not listed in Penalty Group 3 or 4; |
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Dimenoxadol; |
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Dimethylthiambutene; |
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Dioxaphetyl butyrate; |
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Dipipanone; |
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Ethylmethylthiambutene; |
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Etonitazene; |
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Etoxeridine; |
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Furethidine; |
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Hydroxypethidine; |
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Ketobemidone; |
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Levophenacylmorphan; |
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Meprodine; |
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Methadol; |
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Moramide; |
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Morpheridine; |
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Noracymethadol; |
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Norlevorphanol; |
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Normethadone; |
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Norpipanone; |
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Phenadoxone; |
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Phenampromide; |
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Phenomorphan; |
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Phenoperidine; |
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Piritramide; |
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Proheptazine; |
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Properidine; |
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Propiram; |
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Sufentanil; |
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Tilidine; and |
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Trimeperidine; |
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(2) the following opium derivatives, their salts, |
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isomers, and salts of isomers, unless specifically excepted, if the |
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existence of these salts, isomers, and salts of isomers is possible |
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within the specific chemical designation: |
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Acetorphine; |
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Acetyldihydrocodeine; |
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Benzylmorphine; |
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Codeine methylbromide; |
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Codeine-N-Oxide; |
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Cyprenorphine; |
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Desomorphine; |
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Dihydromorphine; |
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Drotebanol; |
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Etorphine, except hydrochloride salt; |
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Heroin; |
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Hydromorphinol; |
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Methyldesorphine; |
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Methyldihydromorphine; |
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Monoacetylmorphine; |
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Morphine methylbromide; |
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Morphine methylsulfonate; |
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Morphine-N-Oxide; |
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Myrophine; |
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Nicocodeine; |
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Nicomorphine; |
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Normorphine; |
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Pholcodine; and |
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Thebacon; |
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(3) the following substances, however produced, |
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except those narcotic drugs listed in another group: |
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(A) Opium and opiate not listed in Penalty Group |
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3 or 4, and a salt, compound, derivative, or preparation of opium or |
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opiate, other than thebaine derived butorphanol, nalmefene and its |
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salts, naloxone and its salts, and naltrexone and its salts, but |
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including: |
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Codeine not listed in Penalty Group 3 or 4; |
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Dihydroetorphine; |
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Ethylmorphine not listed in Penalty Group 3 |
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or 4; |
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Granulated opium; |
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Hydrocodone not listed in Penalty Group 3; |
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Hydromorphone; |
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Metopon; |
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Morphine not listed in Penalty Group 3; |
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Opium extracts; |
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Opium fluid extracts; |
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Oripavine; |
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Oxycodone; |
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Oxymorphone; |
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Powdered opium; |
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Raw opium; |
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Thebaine; and |
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Tincture of opium; |
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(B) a salt, compound, isomer, derivative, or |
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preparation of a substance that is chemically equivalent or |
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identical to a substance described by Paragraph (A), other than the |
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isoquinoline alkaloids of opium; |
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(C) Opium poppy and poppy straw; |
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(D) Cocaine, including: |
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(i) its salts, its optical, position, and |
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geometric isomers, and the salts of those isomers; |
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(ii) coca leaves and a salt, compound, |
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derivative, or preparation of coca leaves; |
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(iii) a salt, compound, derivative, or |
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preparation of a salt, compound, or derivative that is chemically |
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equivalent or identical to a substance described by Subparagraph |
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(i) or (ii), other than decocainized coca leaves or extractions of |
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coca leaves that do not contain cocaine or ecgonine; and |
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(E) concentrate of poppy straw, meaning the crude |
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extract of poppy straw in liquid, solid, or powder form that |
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contains the phenanthrine alkaloids of the opium poppy; |
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(4) the following opiates, including their isomers, |
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esters, ethers, salts, and salts of isomers, if the existence of |
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these isomers, esters, ethers, and salts is possible within the |
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specific chemical designation: |
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Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- |
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phenethyl)-4-piperidinyl]-N-phenylacetamide); |
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Alpha-methylthiofentanyl (N-[1-methyl-2-(2- |
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thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); |
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Alphaprodine; |
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Anileridine; |
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Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- |
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phenethyl)-4-piperidinyl] -N-phenylpropanamide); |
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Beta-hydroxy-3-methylfentanyl; |
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Bezitramide; |
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Carfentanil; |
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Dihydrocodeine not listed in Penalty Group 3 or 4; |
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Diphenoxylate not listed in Penalty Group 3 or 4; |
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Fentanyl or alpha-methylfentanyl, or any other |
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derivative of Fentanyl; |
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Isomethadone; |
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Levomethorphan; |
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Levorphanol; |
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Metazocine; |
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Methadone; |
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Methadone-Intermediate, 4-cyano-2-dimethylamino- |
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4, 4-diphenyl butane; |
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3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- |
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4-piperidyl]-N-phenylpropanamide); |
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3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) |
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ethyl-4-piperidinyl]-N-phenylpropanamide); |
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Moramide-Intermediate, 2-methyl-3-morpholino-1, |
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1-diphenyl-propane-carboxylic acid; |
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Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- |
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phenylethyl)-4-piperidinylpropanamide); |
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PEPAP (1-(2-phenethyl)-4-phenyl-4- |
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acetoxypiperidine); |
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Pethidine (Meperidine); |
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Pethidine-Intermediate-A, 4-cyano-1-methyl-4- |
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phenylpiperidine; |
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Pethidine-Intermediate-B, ethyl-4- |
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phenylpiperidine-4 carboxylate; |
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Pethidine-Intermediate-C, 1-methyl-4- |
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phenylpiperidine-4-carboxylic acid; |
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Phenazocine; |
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Piminodine; |
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Racemethorphan; |
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Racemorphan; |
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Remifentanil; and |
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Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-pi |
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peridinyl]-propanamide); |
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(5) Flunitrazepam (trade or other name: Rohypnol); |
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(6) Methamphetamine, including its salts, optical |
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isomers, and salts of optical isomers; |
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(7) Phenylacetone and methylamine, if possessed |
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together with intent to manufacture methamphetamine; |
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(8) Phencyclidine, including its salts; |
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(9) Gamma hydroxybutyric acid (some trade or other |
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names: gamma hydroxybutyrate, GHB), including its salts; and |
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(10) Ketamine. |
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SECTION 2. Subsection (a), Section 481.103, Health and |
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Safety Code, is 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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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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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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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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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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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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Mescaline; |
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5-methoxy-N, N-diisopropyltryptamine; |
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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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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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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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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); and |
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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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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. |
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SECTION 3. Subsection (a), Section 481.104, Health and |
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Safety Code, is amended to read as follows: |
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(a) Penalty Group 3 consists of: |
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(1) a material, compound, mixture, or preparation that |
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contains any quantity of the following substances having a |
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potential for abuse associated with a stimulant effect on the |
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central nervous system: |
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Methylphenidate and its salts; and |
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Phenmetrazine and its salts; |
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(2) a material, compound, mixture, or preparation that |
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contains any quantity of the following substances having a |
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potential for abuse associated with a depressant effect on the |
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central nervous system: |
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a substance that contains any quantity of a |
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derivative of barbituric acid, or any salt of a derivative of |
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barbituric acid not otherwise described by this subsection; |
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a compound, mixture, or preparation containing |
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amobarbital, secobarbital, pentobarbital, or any salt of any of |
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these, and one or more active medicinal ingredients that are not |
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listed in any penalty group; |
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a suppository dosage form containing amobarbital, |
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secobarbital, pentobarbital, or any salt of any of these drugs, and |
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approved by the United States Food and Drug Administration for |
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marketing only as a suppository; |
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Alprazolam; |
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Amobarbital; |
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Bromazepam; |
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Camazepam; |
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Chlordiazepoxide; |
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Chlorhexadol; |
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Clobazam; |
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Clonazepam; |
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Clorazepate; |
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Clotiazepam; |
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Cloxazolam; |
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Delorazepam; |
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Diazepam; |
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Estazolam; |
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Ethyl loflazepate; |
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Fludiazepam; |
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Flurazepam; |
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Glutethimide; |
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Halazepam; |
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Haloxzolam; |
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Ketazolam; |
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Loprazolam; |
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Lorazepam; |
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Lormetazepam; |
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Lysergic acid, including its salts, isomers, and |
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salts of isomers; |
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Lysergic acid amide, including its salts, |
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isomers, and salts of isomers; |
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Mebutamate; |
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Medazepam; |
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Methyprylon; |
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Midazolam; |
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Nimetazepam; |
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Nitrazepam; |
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Nordiazepam; |
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Oxazepam; |
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Oxazolam; |
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Pentazocine, its salts, derivatives, or compounds |
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or mixtures thereof; |
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Pentobarbital; |
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Pinazepam; |
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Prazepam; |
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Quazepam; |
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Secobarbital; |
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Sulfondiethylmethane; |
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Sulfonethylmethane; |
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Sulfonmethane; |
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Temazepam; |
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Tetrazepam; |
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Tiletamine and zolazepam in combination, and its |
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salts. (some trade or other names for a tiletamine-zolazepam |
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combination product: Telazol, for tiletamine: 2-(ethylamino)- |
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2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2- |
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fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4- |
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e](1,4)-d diazepin-7(1H)-one, flupyrazapon); |
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Triazolam; |
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Zaleplon; [and] |
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Zolpidem; and |
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Zopiclone; |
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(3) Nalorphine; |
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(4) a material, compound, mixture, or preparation |
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containing limited quantities of the following narcotic drugs, or |
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any of their salts: |
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not more than 1.8 grams of codeine, or any of its |
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salts, per 100 milliliters or not more than 90 milligrams per dosage |
|
unit, with an equal or greater quantity of an isoquinoline alkaloid |
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of opium; |
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not more than 1.8 grams of codeine, or any of its |
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salts, per 100 milliliters or not more than 90 milligrams per dosage |
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unit, with one or more active, nonnarcotic ingredients in |
|
recognized therapeutic amounts; |
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not more than 300 milligrams of dihydrocodeinone |
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(hydrocodone), or any of its salts, per 100 milliliters or not more |
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than 15 milligrams per dosage unit, with a fourfold or greater |
|
quantity of an isoquinoline alkaloid of opium; |
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not more than 300 milligrams of dihydrocodeinone |
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(hydrocodone), or any of its salts, per 100 milliliters or not more |
|
than 15 milligrams per dosage unit, with one or more active, |
|
nonnarcotic ingredients in recognized therapeutic amounts; |
|
not more than 1.8 grams of dihydrocodeine, or any |
|
of its salts, per 100 milliliters or not more than 90 milligrams per |
|
dosage unit, with one or more active, nonnarcotic ingredients in |
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recognized therapeutic amounts; |
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not more than 300 milligrams of ethylmorphine, or |
|
any of its salts, per 100 milliliters or not more than 15 milligrams |
|
per dosage unit, with one or more active, nonnarcotic ingredients |
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in recognized therapeutic amounts; |
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not more than 500 milligrams of opium per 100 |
|
milliliters or per 100 grams, or not more than 25 milligrams per |
|
dosage unit, with one or more active, nonnarcotic ingredients in |
|
recognized therapeutic amounts; |
|
not more than 50 milligrams of morphine, or any of |
|
its salts, per 100 milliliters or per 100 grams with one or more |
|
active, nonnarcotic ingredients in recognized therapeutic amounts; |
|
and |
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not more than 1 milligram of difenoxin and not |
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less than 25 micrograms of atropine sulfate per dosage unit; |
|
(5) a material, compound, mixture, or preparation that |
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contains any quantity of the following substances: |
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Barbital; |
|
Chloral betaine; |
|
Chloral hydrate; |
|
Ethchlorvynol; |
|
Ethinamate; |
|
Meprobamate; |
|
Methohexital; |
|
Methylphenobarbital (Mephobarbital); |
|
Paraldehyde; |
|
Petrichloral; and |
|
Phenobarbital; |
|
(6) Peyote, unless unharvested and growing in its |
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natural state, meaning all parts of the plant classified |
|
botanically as Lophophora, whether growing or not, the seeds of the |
|
plant, an extract from a part of the plant, and every compound, |
|
manufacture, salt, derivative, mixture, or preparation of the |
|
plant, its seeds, or extracts; |
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(7) unless listed in another penalty group, a |
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material, compound, mixture, or preparation that contains any |
|
quantity of the following substances having a stimulant effect on |
|
the central nervous system, including the substance's salts, |
|
optical, position, or geometric isomers, and salts of the |
|
substance's isomers, if the existence of the salts, isomers, and |
|
salts of isomers is possible within the specific chemical |
|
designation: |
|
Benzphetamine; |
|
Cathine [(+)-norpseudoephedrine]; |
|
Chlorphentermine; |
|
Clortermine; |
|
Diethylpropion; |
|
Fencamfamin; |
|
Fenfluramine; |
|
Fenproporex; |
|
Mazindol; |
|
Mefenorex; |
|
Modafinil; |
|
Pemoline (including organometallic complexes and |
|
their chelates); |
|
Phendimetrazine; |
|
Phentermine; |
|
Pipradrol; |
|
Sibutramine; and |
|
SPA [(-)-1-dimethylamino-1,2-diphenylethane]; |
|
(8) unless specifically excepted or unless listed in |
|
another penalty group, a material, compound, mixture, or |
|
preparation that contains any quantity of the following substance, |
|
including its salts: |
|
Dextropropoxyphene (Alpha-(+)-4-dimethylamino- |
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1,2-diphenyl-3-methyl-2-propionoxybutane); and |
|
(9) an anabolic steroid, including any drug or |
|
hormonal substance, or any substance that is chemically or |
|
pharmacologically related to testosterone, other than an estrogen, |
|
progestin, dehydroepiandrosterone, or corticosteroid, and promotes |
|
muscle growth, including the following drugs and substances and any |
|
salt, ester, or ether of the following drugs and substances: |
|
Androstanediol; |
|
Androstanedione; |
|
Androstenediol; |
|
Androstenedione; |
|
Bolasterone; |
|
Boldenone; |
|
Calusterone; |
|
[Chlorotestosterone (4-chlortestosterone);] |
|
Clostebol; |
|
Dehydrochlormethyltestosterone; |
|
Delta-1-dihydrotestosterone; |
|
Dihydrotestosterone (4-dihydrotestosterone); |
|
Drostanolone; |
|
Ethylestrenol; |
|
Fluoxymesterone; |
|
Formebulone; |
|
Furazabol; |
|
13beta-ethyl-17beta-hydroxygon-4-en-3-one; |
|
4-hydroxytestosterone; |
|
4-hydroxy-19-nortestosterone; |
|
Mestanolone; |
|
Mesterolone; |
|
Methandienone; |
|
[Methandranone;] |
|
Methandriol; |
|
[Methandrostenolone;] |
|
Methenolone; |
|
17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha- |
|
androstane; |
|
17alpha-methyl-3alpha, 17 beta-dihydroxy-5alpha- |
|
androstane; |
|
17alpha-methyl-3beta, 17beta-dihydroxyandrost-4- |
|
ene; |
|
17alpha-methyl-4-hydroxynandrolone; |
|
Methyldienolone; |
|
Methyltestosterone; |
|
Methyltrienolone; |
|
17alpha-methyl-delta-1-dihydrotestosterone; |
|
Mibolerone; |
|
Nandrolone; |
|
Norandrostenediol; |
|
Norandrostenedione; |
|
Norbolethone; |
|
Norclostebol; |
|
Norethandrolone; |
|
Normethandrolone; |
|
Oxandrolone; |
|
Oxymesterone; |
|
Oxymetholone; |
|
[Stanolone;] |
|
Stanozolol; |
|
Stenbolone; |
|
Testolactone; |
|
Testosterone; |
|
Tetrahydrogestrinone; and |
|
Trenbolone. |
|
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 |
|
covered by the law in effect when 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 was committed before that |
|
date. |
|
SECTION 5. This Act takes effect September 1, 2009. |
|
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|
|
|
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|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 449 passed the Senate on |
|
May 7, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
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______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 449 passed the House on |
|
May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
|
present not voting. |
|
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|
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______________________________ |
|
Chief Clerk of the House |
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|
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|
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Approved: |
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|
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______________________________ |
|
Date |
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|
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______________________________ |
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Governor |