BILL ANALYSIS C.S.H.B. 1333 By: Perry Criminal Jurisprudence Committee Report (Substituted) BACKGROUND AND PURPOSE Interested parties report that some synthetic drugs are currently being marketed as bath salts and incense, when these products actually contain chemical compounds that mimic the effects of illegal controlled substances. These synthetic drugs have dangerous and deadly consequences, such as hallucination, severe agitation, elevated heart rate and blood pressure, chest pains, tremors, seizures, and, in some cases, death, and are being sold at the retail level to Texans of all ages. Despite current laws that address the sale, manufacture, and possession of synthetic drugs, the ease with which these chemical compounds can be changed while still producing similar effects creates difficulties in enforcing the laws. C.S.H.B. 1333 seeks to address this issue by amending provisions of the Texas Controlled Substances Act. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 1333 amends the Health and Safety Code to clarify that the definition of "controlled substance" includes a substance listed in Penalty Group 2-A of the Texas Controlled Substances Act and to expand the definition of "controlled substance analogue" to include a substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Penalty Group 2-A and a substance specifically designed to produce an effect substantially similar to, or greater than, the effect of a controlled substance in Penalty Group 2-A. C.S.H.B. 1333 expands the list of substances in Penalty Group 2 of the Texas Controlled Substances Act to include any quantity of certain specified chemical designations of hallucinogenic substances and, if applicable, their salts, isomers, and salts of isomers; a material, compound, mixture, or preparation containing any quantity of Etaqualone and its salts; the compound Methedrone and certain other compounds that are structurally derived from 2- aminopropanal by substitution at the 1-position with any monocyclic or fused-polycyclic ring system and that are further modified by certain specified substitutions. The bill expands the list of substances in Penalty Group 2-A to include any quantity of certain specified synthetic chemical compounds that are cannabinoid receptor agonists and that mimic the pharmacological effect of naturally occurring cannabinoids. C.S.H.B. 1333 includes Penalty Group 2-A among the penalty groups that, for the purposes of the prosecution of an offense under the Texas Controlled Substances Act involving the manufacture, delivery, or possession of a controlled substance, include a controlled substance analogue that has a chemical structure substantially similar to the chemical structure of a controlled substance listed in the applicable penalty group or is specifically designed to produce an effect substantially similar to, or greater than, a controlled substance in the applicable penalty group. 13.122.936 83R 26875 Substitute Document Number: 83R 13830 1 EFFECTIVE DATE September 1, 2013. COMPARISON OF ORIGINAL AND SUBSTITUTE While C.S.H.B. 1333 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill. INTRODUCED HOUSE COMMITTEE SUBSTITUTE SECTION 1. Section 481.002(6), Health SECTION 1. Sections 481.002(5) and (6), and Safety Code, is amended to read as Health and Safety Code, are amended to follows: read as follows: No equivalent provision. (5) "Controlled substance" means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group [Groups] 1, 1-A, [or] 2, 2-A, 3, or [through] 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. (6) "Controlled substance analogue" means: (6) "Controlled substance analogue" means: (A) a substance with a chemical structure (A) a substance with a chemical structure substantially similar to the chemical substantially similar to the chemical structure of a controlled substance in structure of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, Schedule I or II or Penalty Group 1, 1-A, [or] 2, or 2-A; or [or] 2, or 2-A; or (B) a substance specifically designed to (B) a substance specifically designed to produce an effect substantially similar to, or produce an effect substantially similar to, or greater than, the effect of a controlled greater than, the effect of a controlled substance in Schedule I or II or Penalty substance in Schedule I or II or Penalty Group 1, 1-A, [or] 2, or 2-A. Group 1, 1-A, [or] 2, or 2-A. SECTION 2. Section 481.103(a), Health SECTION 2. Section 481.103(a), Health and Safety Code, is amended to read as and Safety Code, is amended to read as follows: follows: (a) Penalty Group 2 consists of: (a) Penalty Group 2 consists of: (1) any quantity of the following (1) any quantity of the following hallucinogenic substances, their salts, hallucinogenic substances, their salts, isomers, and salts of isomers, unless isomers, and salts of isomers, unless specifically excepted, if the existence of specifically excepted, if the existence of these salts, isomers, and salts of isomers is these salts, isomers, and salts of isomers is possible within the specific chemical possible within the specific chemical designation: designation: alpha-ethyltryptamine; alpha-ethyltryptamine; alpha-methyltryptamine; alpha-methyltryptamine; 5-(2-aminopropyl)benzofuran (5-APB); 5-(2-aminopropyl)benzofuran (5-APB); 6-(2-aminopropyl)benzofuran (6-APB); 6-(2-aminopropyl)benzofuran (6-APB); 5-(2-aminopropyl)-2,3-dihydrobenzofuran 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB); (5-APDB); 6-(2-aminopropyl)-2,3-dihydrobenzofuran 6-(2-aminopropyl)-2,3-dihydrobenzofuran 13.122.936 83R 26875 Substitute Document Number: 83R 13830 2 (6-APDB); (6-APDB); 5-(2-aminopropyl)indole (Trade or other names: 5-IT, 5-API); 6-(2-aminopropyl)indole (Trade or other names: 6-IT, 6-API); Benzothiophenylcyclohexylpiperidine Benzothiophenylcyclohexylpiperidine (BTCP); (BTCP); 4-bromo-2, 5-dimethoxyamphetamine 4-bromo-2, 5-dimethoxyamphetamine (some trade or other names: 4-bromo-2, 5- (some trade or other names: 4-bromo-2, 5- dimethoxy-alpha-methylphenethylamine; 4- dimethoxy-alpha-methylphenethylamine; 4- bromo-2, 5-DMA); bromo-2, 5-DMA); 4-bromo-2, 5-dimethoxyphenethylamine; 4-bromo-2, 5-dimethoxyphenethylamine; [1-(5-bromopentylindol-3-yl)]-(2,2,3,3- tetramethylcyclopropyl)methanone (5- bromopentyl-UR-144); 8-bromo-alpha-methyl-benzo[1,2-b:4,5- b']difuran- 4-ethanamine (Trade or other name: Bromo-DragonFLY); Bufotenine (some trade and other names: 3- Bufotenine (some trade and other names: 3- (beta- Dimethylaminoethyl)-5- (beta- Dimethylaminoethyl)-5- hydroxyindole; 3-(2-dimethylaminoethyl)- hydroxyindole; 3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin; 5- 5- indolol; N, N-dimethylserotonin; 5- hydroxy-N, N- dimethyltryptamine; hydroxy-N, N- dimethyltryptamine; mappine); mappine); [1-(5-chloropentylindol-3-yl)]-(2,2,3,3- tetramethylcyclopropyl)methanone (5- chloropentyl-UR-144); Desoxypipradrol (2-benzhydrylpiperidine); Desoxypipradrol (2-benzhydrylpiperidine); Diethyltryptamine (some trade and other Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET); names: N, N-Diethyltryptamine, DET); 2, 5-dimethoxyamphetamine (some trade or 2, 5-dimethoxyamphetamine (some trade or other names: 2, 5-dimethoxy-alpha- other names: 2, 5-dimethoxy-alpha- methylphenethylamine; 2, 5-DMA); methylphenethylamine; 2, 5-DMA); 2, 5-dimethoxy-4-ethylamphetamine (trade 2, 5-dimethoxy-4-ethylamphetamine (trade or other name: DOET); or other name: DOET); 2, 5-dimethoxy-4-(n)- 2, 5-dimethoxy-4-(n)- propylthiophenethylamine (trade or other propylthiophenethylamine (trade or other name: 2C-T-7); name: 2C-T-7); Dimethyltryptamine (trade or other name: Dimethyltryptamine (trade or other name: DMT); DMT); Diphenylprolinol (diphenyl(pyrrolidin-2-yl) Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol, D2PM); methanol, D2PM); Dronabinol (synthetic) in sesame oil and Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration U.S. Food and Drug Administration approved drug product (some trade or other approved drug product (some trade or other names for Dronabinol: (a6aR-trans)- names for Dronabinol: (a6aR-trans)- 6a,7,8,10a-tetrahydro- 6,6, 9- trimethyl-3- 6a,7,8,10a-tetrahydro- 6,6, 9- trimethyl-3- pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)- pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)- delta-9- (trans)- tetrahydrocannabinol); delta-9- (trans)- tetrahydrocannabinol); Ethylamine Analog of Phencyclidine (some Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1- trade or other names: N-ethyl-1- phenylcyclohexylamine, (1- phenylcyclohexylamine, (1- phenylcyclohexyl) ethylamine, N-(1- phenylcyclohexyl) ethylamine, N-(1- phenylcyclohexyl) ethylamine, phenylcyclohexyl) ethylamine, 13.122.936 83R 26875 Substitute Document Number: 83R 13830 3 cyclohexamine, PCE); cyclohexamine, PCE); 2-ethylamino-2-(3- 2-ethylamino-2-(3- methoxyphenyl)cyclohexanone methoxyphenyl)cyclohexanone (Trade or (methoxetamine); other name: