84R10902 GCB-D
	By: Price	H.B. No. 2880

	A BILL TO BE ENTITLED
	AN ACT
	relating to the placement of certain substances in Penalty Groups 2
	and 2-A of the Texas Controlled Substances Act for the purpose of
	prosecution of criminal offenses involving those substances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 481.103(a), Health and Safety Code, is
	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;
	5-methoxy-alpha-methyltryptamine;
	(2-aminopropyl) Benzofuran (trade or other name:
	APB);
	(2-aminopropyl) Dihydrobenzofuran (trade or other
	name: APDB);
	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);
	[3-(3-Carbamoylphenyl)phenyl]N-cyclohexyl
	Carbamate (trade or other name: URB-597);
	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);
	Fentanyl mimetic substances structurally derived
	from fentanyl by substitution in the phenethyl group, substitution
	in the piperidine ring, substitution in the aniline ring,
	replacement of the phenyl portion of the phenethyl group,
	replacement of the N-Propionyl group, or any combination of those
	substitutions or replacements;
	Hydroxyphencyclidine (trade or other name:
	HO-PCP);
	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;
	N-methyltryptamine mimetic substances
	structurally derived from N-methyltryptamine by substitution at
	the nitrogen atom, substitution at the indole ring, substitution at
	the alpha carbon, substitution at the beta carbon, or any
	combination of those substitutions, excluding
	5-methoxy-N-Acetyltryptamine, and including, by example:
	ACO-DMT;
	Baeocystine;
	BROMO-DALT;
	DIPT;
	DMT;
	DPT;
	HO-DET;
	HO-DIPT;
	HO-DMT;
	HO-DPT;
	HO-MET;
	MEO-DALT;
	MEO-DET;
	MEO-DIPT;
	MEO-DPT;
	MEO-NMT;
	MET;
	NMT; and
	Norbufotenin;
	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);
	Phencyclidine mimetic substances structurally
	derived from phenylcyclohexylpiperidine by substitution at the
	phenyl ring, substitution at the piperidine ring, substitution at
	the cyclohexyl ring, replacement of the phenyl ring, or any
	combination of those substitutions or replacements, including, by
	example, compounds such as:
	Amino-PCP;
	BCP;
	Bromo-PCP;
	BTCP;
	Chloro-PCP;
	Fluoro-PCP;
	HO-PCP;
	MEO-PCP;
	Methyl-PCP;
	Nitro-PCP;
	OXO-PCP;
	PCE;
	PCM;
	PCPY;
	TCP; and
	TCPY;
	1-Phenylcyclohexylamine;
	1-Piperidinocyclohexanecarbonitrile (PCC);
	Psilacetin;
	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; and
	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:
	Aminoindane mimetic substances structurally
	derived from Aminoindane by substitution at the nitrogen atom,
	substitution at the indane ring, replacement of the amino group
	with another N group or any carbon, or any combination of those
	substitutions or replacements, including, by example, compounds
	such as:
	AMMI;
	IAI;
	MDAI; and
	MMAI;
	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;
	Fluoroamphetamine;
	Fluoromethamphetamine;
	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)propiophenone
	[alpha-(methylamino)propriophenone];
	2-(methylamino)-1-phenylpropan-1-one;
	alpha-N-methylaminopropiophenone [alpha-N-
	methylaminopropriophenone]; monomethylpropion; ephedrone, N-
	methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
	1431);
	Methiopropamine;
	2-(Methoxyphenyl)-2-
	(ethylamino)cyclohexanone(methoxetamine);
	2-(Methoxyphenyl)-2-
	(methylamino)cyclohexanone(methoxyketamine);
	Methoxyphencyclidine (trade or other name:
	MEO-PCP);
	Alpha-Pyrrolidinovalerothiophenone (trade or
	other name: alpha-PVT);
	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);
	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).
	SECTION 2.  Section 481.1031, Health and Safety Code, is
	amended 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;
	3-Adamantoylindole, with substitution at the
	nitrogen atom of the indole ring, whether or not further
	substituted in the indole ring to any extent or in the adamantyl
	ring to any extent, including, by example, compounds such as
	AB-001;
	Indazole-3-Carboxamide with substitution at the
	nitrogen atom of the indazole ring, whether or not further
	substituted in the indazole ring to any extent or in the adamantyl
	ring to any extent, including, by example, compounds such as:
	AB-Fubinaca;
	AB-Pinaca;
	AKB-48;
	Apinaca; and
	Fluoro-AKB-48;
	N-(adamantyl)-indole-3-Carboxamide, with
	substitution at the nitrogen atom of the indole ring, whether or not
	further substituted in the indole ring to any extent or in the
	adamantyl ring to any extent, including, by example, compounds such
	as SDB-001; and
	8-Quinolinyl-indole-3-carboxylate with
	substitution at the nitrogen atom of the indole ring, whether or not
	further substituted in the indole ring to any extent or in the
	quinoline ring to any extent, including, by example, compounds such
	as:
	Fluoro-PB-22; and
	PB-22.
	SECTION 3.  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 4.  This Act takes effect September 1, 2015.