Criminal Offenses - As enacted, revises offense of producing, manufacturing, distributing, or possessing with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the synthetic cannabinoids JWH-018, JWH-073, HU-210 and HU-211 to include other synthetic cannabinoids. - Amends TCA Title 39, Chapter 17.
Companion bill has been assigned Public Chapter Number 274 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1726Date
    Comp. became Pub. Ch. 27405/25/2011
    Sponsor(s) Added.05/04/2011
    Comp. HB Subst (sends SB to dead bill file)05/04/2011
    Sponsor(s) Added.05/04/2011
    Placed on Senate Regular Calendar cal. for 5/4/201105/02/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 8, Nays 0 PNV 004/27/2011
    Placed on S. Jud Comm. cal. for 4/27/201104/27/2011
    Action Def. in S. Jud Comm. to 4/27/201104/26/2011
    Placed on S. Jud Comm. cal. for 4/26/201104/20/2011
    Action Def. in S. Jud Comm. to 4/12/201104/05/2011
    Placed on S. Jud Comm. cal. for 4/5/201103/30/2011
    P2C, ref. to S. Jud Comm.02/24/2011
    Intro., P1C.02/23/2011
    Filed for intro.02/17/2011
    Actions For HB1889Date
    Pub. Ch. 274 05/25/2011
    Effective date(s) 07/01/1105/25/2011
    Signed by Governor.05/23/2011
    Transmitted to Governor for his action.05/11/2011
    Signed by S. Speaker05/11/2011
    Signed by H. Speaker05/10/2011
    Enrolled; ready for sig. of H. Speaker.05/05/2011
    H. concurred in S. am. no. 1 Ayes 96, Nays 0 05/05/2011
    H. Placed on Message Calendar for 5/5/201105/04/2011
    Passed S. as am., Ayes 32, Nays 005/04/2011
    S. adopted am. 1 05/04/2011
    S. Subst. HB for comp. SB.05/04/2011
    Rcvd. from H., P1C.04/04/2011
    Engrossed; ready for transmission to Sen.03/31/2011
    Passed H., Ayes 97, Nays 0 03/31/2011
    Sponsor(s) Added.03/31/2011
    H. Placed on Regular Calendar for 3/31/201103/24/2011
    Placed on cal. Calendar & Rules Committee for 3/24/201103/23/2011
    Rec. For Pass. ref. to: Calendar & Rules Committee03/15/2011
    Placed on cal. Judiciary Committee for 3/15/201103/09/2011
    Rec. For Pass. by s/c ref. to Judiciary Committee 03/09/2011
    Placed on s/c cal Judiciary Subcommittee for 3/9/201103/02/2011
    Assigned to s/c General Sub of Judiciary03/01/2011
    P2C, ref. to Judiciary Committee02/24/2011
    P1C.02/23/2011
    Intro.02/17/2011
    Filed for intro.02/17/2011
  • AmendmentsFiscal Memos
    SA0382Amendment 1-1 to SB1726 
    No amendments for HB1889.

  • Videos containing keyword: SB1726

  • Fiscal Summary

    Not Available


    Bill Summary

    Under present law, it is a Class A misdemeanor for any person to knowingly produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the synthetic cannabinoids JWH-018, JWH-073, HU-210 and HU-211. The offense concerning synthetic cannabinoids does not apply to drugs or substances lawfully prescribed or to drugs or substances which have been approved by the FDA.

    This bill revises the synthetic cannabinoids included in this offense to specify that it would be a Class A misdemeanor for any person to knowingly produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the following synthetic cannabinoids:
    (1) HU 210 or 1,1 dimethylheptyl 11 hydroxy delta8 tetrahydrocannabinol;
    (2) Naphthoylindoles and naphthylmethylindoles, being any compound structurally derived from 3-(1-naphthoyl) indole or 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 018, JWH 019, JWH 073, JWH 200, or JWH 398;
    (3) Naphthoylpyrroles, being any compound 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;
    (4) Naphthylmethylindenes, being any compound 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;
    (5) Phenylacetylindoles, being any compound 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 JWH 250;
    (6) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl) phenol by substitution at the 5-position of the phenolic ring, whether or not substituted in the cyclohexyl ring to any extent, including CP 47,497, and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP 47,497; or
    (7) Tetrahydro derivatives of cannabinol and 3 alkyl homologues of cannabiniol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin.

    ON MAY 4, 2011, THE SENATE SUBSTITUTED HOUSE BILL 1889 FOR SENATE BILL 1726, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1889, AS AMENDED.

    AMENDMENT #1 rewrites the bill.

    Under present law, it is a Class A misdemeanor for any person to knowingly produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the synthetic cannabinoids JWH-018, JWH-073, HU-210 and HU-211. The offense concerning synthetic cannabinoids does not apply to drugs or substances lawfully prescribed or to drugs or substances which have been approved by the FDA.

    This amendment revises the synthetic cannabinoids included in this offense to specify that it would be a Class A misdemeanor for any person to knowingly produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the following synthetic cannabinoids:
    (1) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol, including HU 210 or HU 211;
    (2) Naphthoylindoles being any compound structurally derived from 3-(1-naphthoyl) indole with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidiny)lmethyl, or 2-(4-morpholinyl) ethyl group, 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-018, JWH-019, JWH-073, or JWH-200;
    (3) Naphthylmethylindoles being any compound structurally derived from a 1 H-indole-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidiny)lmethyl, or 2-(4-morpholinyl) ethyl group, 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, or JWH-199;
    (4) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl) pyrrole with substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl 1-(N-methyl-2-piperidiny)lmethyl, or 2-(4-morpholinyl) ethyl group, 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-307;
    (5) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl) indene with substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl ,1-(N-methyl-2-piperidinyl)lmethyl, or 2-(4-morpholinyl) ethyl group 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-176;
    (6) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole with substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)lmethyl or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent, including JWH-250, JWH-251, or RCS-8;
    (7) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)lmethyl or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the whether or not substituted in the cyclohexyl ring to any extent, including CP 47,497, or the dimethylhexyl, dimethyloctyl or dimethylnonyl homologues of CP 47,497;
    (8) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabiniol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin;
    (9) Benzoylindoles, being any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring with a alkyl, haolalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including AM-694, Pravadoline (WIN 48, 09) or RCS-4; or
    (10) WIN-55,212-2 or 2,3-Dihydro-5-methyl-3-(4 Morpholinylmethyl) pyrrolo [1,2,3-de]-1,4--benzoxazin-6-yl]-1-napthalenylmethanone.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    HB1889 by Parkinson - FLOOR VOTE: CONCUR IN SENATE AMENDMENT # 1 5/5/2011
    Passed
              Ayes...............................................96
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Faison, Favors, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Swann, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 96.

    HB1889 by Parkinson - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 3/31/2011
    Passed
              Ayes...............................................97
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 97.

              HB1889 by Parkinson - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 3/24/2011
              Voice Vote - Ayes Prevail

              HB1889 by Parkinson - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 3/15/2011
              Voice Vote - Ayes Prevail

              HB1889 by Parkinson - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Recommended for passage - refer to: Judiciary Committee 3/9/2011
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1889

    HB1889 by Parkinson - FLOOR VOTE: THIRD CONSIDERATION AMENDED 5/4/2011
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Herron, Johnson, Kelsey, Ketron, Kyle, Marrero, McNally, Norris, Overbey, Roberts, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally -- 32.

              SB1726 by Parkinson - FLOOR VOTE: MOTION TO ADOPT AMEND# 1 BY Beavers 5/4/2011
              VOICE VOTE: Failed

    SB1726 by Tate - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/27/2011
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Campfield, Ford, Kelsey, Marrero, Yager -- 8.