S.B. No. 331

	AN ACT
	relating to designating certain synthetic cannabinoids as
	controlled substances under the Texas Controlled Substances Act;
	providing penalties and establishing certain criminal consequences
	or procedures.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter D, Chapter 481, Health and Safety
	Code, is amended by adding Section 481.1031 to read as follows:
	Sec. 481.1031.  PENALTY GROUP 2-A. Penalty Group 2-A
	consists of any quantity of a synthetic chemical compound that is a
	cannabinoid receptor agonist and mimics the pharmacological effect
	of naturally occurring cannabinoids, including:
	naphthoylindoles structurally derived from
	3-(1-naphthoyl)indole by substitution at the nitrogen atom of the
	indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
	or 2-(4-morpholinyl)ethyl, whether or not further substituted in
	the indole ring to any extent, whether or not substituted in the
	napthyl ring to any extent, including:
	AM-2201;
	JWH-004;
	JWH-007;
	JWH-009;
	JWH-015;
	JWH-016;
	JWH-018;
	JWH-019;
	JWH-020;
	JWH-046;
	JWH-047;
	JWH-048;
	JWH-049;
	JWH-050;
	JWH-073;
	JWH-076;
	JWH-079;
	JWH-080;
	JWH-081;
	JWH-082;
	JWH-083;
	JWH-093;
	JWH-094;
	JWH-095;
	JWH-096;
	JWH-097;
	JWH-098;
	JWH-099;
	JWH-100;
	JWH-116;
	JWH-122;
	JWH-148;
	JWH-149;
	JWH-153;
	JWH-159;
	JWH-164;
	JWH-165;
	JWH-166;
	JWH-180;
	JWH-181;
	JWH-182;
	JWH-189;
	JWH-193;
	JWH-198;
	JWH-200;
	JWH-210;
	JWH-211;
	JWH-212;
	JWH-213;
	JWH-234;
	JWH-235;
	JWH-239;
	JWH-240;
	JWH-241;
	JWH-242;
	JWH-258;
	JWH-259;
	JWH-260;
	JWH-262;
	JWH-267;
	JWH-386;
	JWH-387;
	JWH-394;
	JWH-395;
	JWH-397;
	JWH-398;
	JWH-399;
	JWH-400;
	JWH-412;
	JWH-413; and
	JWH-414;
	naphthylmethylindones structurally derived from
	1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen
	atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl,
	cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further
	substituted in the indole ring to any extent, whether or not
	substituted in the naphthyl ring to any extent, including:
	JWH-175;
	JWH-184;
	JWH-185;
	JWH-192;
	JWH-194;
	JWH-195;
	JWH-196;
	JWH-197; and
	JWH-199;
	naphthoylpyrroles structurally derived from
	3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the
	pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
	or 2-(4-morpholinyl)ethyl, whether or not further substituted in
	the pyrrole ring to any extent, whether or not substituted in the
	naphthyl ring to any extent, including:
	JWH-030;
	JWH-145;
	JWH-146;
	JWH-147;
	JWH-150;
	JWH-156;
	JWH-243;
	JWH-244;
	JWH-245;
	JWH-246;
	JWH-292;
	JWH-293;
	JWH-307;
	JWH-308;
	JWH-309;
	JWH-346;
	JWH-347;
	JWH-348;
	JWH-363;
	JWH-364;
	JWH-365;
	JWH-366;
	JWH-367;
	JWH-368;
	JWH-369;
	JWH-370;
	JWH-371;
	JWH-372;
	JWH-373; and
	JWH-392;
	naphthylmethylindenes structurally derived from
	1-(1-naphthylmethyl)indene by substitution at the 3-position of
	the indene ring by alkyl, alkenyl, cycloalkylmethyl,
	cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further
	substituted in the indene ring to any extent, whether or not
	substituted in the naphthyl ring to any extent, including:
	JWH-171;
	JWH-172;
	JWH-173; and
	JWH-176;
	phenylacetylindoles structurally derived from
	3-phenylacetylindole by substitution at the nitrogen atom of the
	indole ring with alkyl, alkenyl, cycloalkylmethyl,
	cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further
	substituted in the indole ring to any extent, whether or not
	substituted in the phenyl ring to any extent, including:
	AM-694;
	AM-1241;
	JWH-167;
	JWH-203;
	JWH-204;
	JWH-205;
	JWH-206;
	JWH-208;
	JWH-237;
	JWH-248;
	JWH-249;
	JWH-250;
	JWH-251;
	JWH-252;
	JWH-253;
	JWH-302;
	JWH-303;
	JWH-305;
	JWH-306;
	JWH-311;
	JWH-312;
	JWH-313;
	JWH-314; and
	JWH-315;
	cyclohexylphenols structurally derived from
	2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of
	the phenolic ring by alkyl, alkenyl, cycloalkylmethyl,
	cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not
	substituted in the cyclohexyl ring to any extent, including:
	CP-55,940;
	CP-47,497;
	analogues of CP-47,497, including VII, V, VIII, I,
	II, III, IV, IX, X, XI, XII, XIII, XV, and XVI;
	JWH-337;
	JWH-344;
	JWH-345; and
	JWH-405; and
	cannabinol derivatives, except where contained in
	marihuana, including tetrahydro derivatives of cannabinol and
	3-alkyl homologues of cannabinol or of its tetrahydro derivatives,
	such as:
	Nabilone;
	HU-210;
	HU-211; and
	WIN-55,212-2.
	SECTION 2.  Subsection (c), Section 481.111, Health and
	Safety Code, is amended to read as follows:
	(c)  A person does not violate Section 481.113, 481.116,
	481.1161, 481.121, or 481.125 if the person possesses or delivers
	tetrahydrocannabinols or their derivatives, or drug paraphernalia
	to be used to introduce tetrahydrocannabinols or their derivatives
	into the human body, for use in a federally approved therapeutic
	research program.
	SECTION 3.  The heading to Section 481.113, Health and
	Safety Code, is amended to read as follows:
	Sec. 481.113.  OFFENSE: MANUFACTURE OR DELIVERY OF
	SUBSTANCE IN PENALTY GROUP 2 OR 2-A.
	SECTION 4.  Subsection (a), Section 481.113, Health and
	Safety Code, is amended to read as follows:
	(a)  Except as authorized by this chapter, a person commits
	an offense if the person knowingly manufactures, delivers, or
	possesses with intent to deliver a controlled substance listed in
	Penalty Group 2 or 2-A.
	SECTION 5.  Subchapter D, Chapter 481, Health and Safety
	Code, is amended by adding Section 481.1161 to read as follows:
	Sec. 481.1161.  OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
	GROUP 2-A. (a)  Except as authorized by this chapter, a person
	commits an offense if the person knowingly possesses a controlled
	substance listed in Penalty Group 2-A, unless the person obtained
	the substance directly from or under a valid prescription or order
	of a practitioner acting in the course of professional practice.
	(b)  An offense under this section is:
	(1)  a Class B misdemeanor if the amount of the
	controlled substance possessed is, by aggregate weight, including
	adulterants or dilutants, two ounces or less;
	(2)  a Class A misdemeanor if the amount of the
	controlled substance possessed is, by aggregate weight, including
	adulterants or dilutants, four ounces or less but more than two
	ounces;
	(3)  a state jail felony if the amount of the controlled
	substance possessed is, by aggregate weight, including adulterants
	or dilutants, five pounds or less but more than four ounces;
	(4)  a felony of the third degree if the amount of the
	controlled substance possessed is, by aggregate weight, including
	adulterants or dilutants, 50 pounds or less but more than 5 pounds;
	(5)  a felony of the second degree if the amount of the
	controlled substance possessed is, by aggregate weight, including
	adulterants or dilutants, 2,000 pounds or less but more than 50
	pounds; and
	(6)  punishable by imprisonment in the Texas Department
	of Criminal Justice for life or for a term of not more than 99 years
	or less than 5 years, and a fine not to exceed $50,000, if the amount
	of the controlled substance possessed is, by aggregate weight,
	including adulterants or dilutants, more than 2,000 pounds.
	SECTION 6.  Subsections (c) and (d), Section 481.134, Health
	and Safety Code, are amended to read as follows:
	(c)  The minimum term of confinement or imprisonment for an
	offense otherwise punishable under Section 481.112(c), (d), (e), or
	(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
	481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or
	(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e),
	481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6) is
	increased by five years and the maximum fine for the offense is
	doubled if it is shown on the trial of the offense that the offense
	was committed:
	(1)  in, on, or within 1,000 feet of the premises of a
	school, the premises of a public or private youth center, or a
	playground; or
	(2)  on a school bus.
	(d)  An offense otherwise punishable under Section
	481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
	481.1161(b)(3), 481.120(b)(3), or 481.121(b)(3) is a felony of the
	third degree if it is shown on the trial of the offense that the
	offense was committed:
	(1)  in, on, or within 1,000 feet of any real property
	that is owned, rented, or leased to a school or school board, the
	premises of a public or private youth center, or a playground; or
	(2)  on a school bus.
	SECTION 7.  Subsection (d), Article 14.06, Code of Criminal
	Procedure, is amended to read as follows:
	(d)  Subsection (c) applies only to a person charged with
	committing an offense under:
	(1)  Section 481.121, Health and Safety Code, if the
	offense is punishable under Subsection (b)(1) or (2) of that
	section;
	(1-a)  Section 481.1161, Health and Safety Code, if the
	offense is punishable under Subsection (b)(1) or (2) of that
	section;
	(2)  Section 28.03, Penal Code, if the offense is
	punishable under Subsection (b)(2) of that section;
	(3)  Section 28.08, Penal Code, if the offense is
	punishable under Subsection (b)(1) of that section;
	(4)  Section 31.03, Penal Code, if the offense is
	punishable under Subsection (e)(2)(A) of that section;
	(5)  Section 31.04, Penal Code, if the offense is
	punishable under Subsection (e)(2) of that section;
	(6)  Section 38.114, Penal Code, if the offense is
	punishable as a Class B misdemeanor; or
	(7)  Section 521.457, Transportation Code.
	SECTION 8.  Subdivision (1), Subsection (a), Section 15,
	Article 42.12, Code of Criminal Procedure, is amended to read as
	follows:
	(1)  On conviction of a state jail felony under Section
	481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
	481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
	punished under Section 12.35(a), Penal Code, the judge shall
	suspend the imposition of the sentence and place the defendant on
	community supervision, unless the defendant has previously been
	convicted of a felony, other than a felony punished under Section
	12.44(a), Penal Code, or unless the conviction resulted from an
	adjudication of the guilt of a defendant previously placed on
	deferred adjudication community supervision for the offense, in
	which event the judge may suspend the imposition of the sentence and
	place the defendant on community supervision or may order the
	sentence to be executed.  The provisions of this subdivision
	requiring the judge to suspend the imposition of the sentence and
	place the defendant on community supervision do not apply to a
	defendant who:
	(A)  under Section 481.1151(b)(1), Health and
	Safety Code, possessed more than five abuse units of the controlled
	substance;
	(B)  under Section 481.1161(b)(3), Health and
	Safety Code, possessed more than one pound, by aggregate weight,
	including adulterants or dilutants, of the controlled substance; or
	(C)  under Section 481.121(b)(3), Health and
	Safety Code, possessed more than one pound of marihuana.
	SECTION 9.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 331 passed the Senate on
	March 30, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 331 passed the House on
	May 13, 2011, by the following vote:  Yeas 138, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor