Are Psilocybin Mushrooms Legal in Texas? (2026)

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2026-11-02

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(5) any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine: (A) by modification in any of the following ways: (i) by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure; (ii) by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group; (iii) by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or (iv) by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and (B) including: (i) ethers and esters of the controlled substances listed in this subdivision; and (ii) by example, compounds such as: alpha-ethyltryptamine; alpha-methyltryptamine; 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); Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET); Dimethyltryptamine (trade or other name: DMT); 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT); O-Acetylpsilocin (Trade or other name: 4-Aco-DMT); Psilocin; and Psilocybin;

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2026-11-02

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Sec. 481.103.  PENALTY GROUP 2.  (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:
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- 4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other names:  2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol, D2PM);
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);
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or other name: methoxetamine);
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.);
5-iodo-2-aminoindane (5-IAI);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names:  4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some trade and other names: 2-MeO-ketamine; methoxyketamine);
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);
5,6-methylenedioxy-2-aminoindane (MDAI);
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;
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);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
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; or
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:
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);
Etaqualone and its salts;
Etorphine Hydrochloride;
Fenethylline and its salts;
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)propriophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N- methylaminopropriophenone; monomethylpropion; ephedrone, N- methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR 1431);
N-Ethylamphetamine, its salts, optical isomers, and salts of optical isomers; and
N,N-dimethylamphetamine (some trade or other names: N,N,alpha-trimethylbenzeneethanamine; N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and salts of optical isomers;
(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, benzyl, dialkyl, or methoxybenzyl 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);
alpha-Methylamino-valerophenone (Also known as Pentedrone);
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);
(5)  any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A)  by modification in any of the following ways:
(i)  by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure;
(ii)  by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group;
(iii)  by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or
(iv)  by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and
(B)  including:
(i)  ethers and esters of the controlled substances listed in this subdivision; and
(ii)  by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
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);
Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other name: DMT);
5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name: 4-Aco-DMT);
Psilocin; and
Psilocybin;
(6)  2,5-Dimethoxyphenethylamine and any compound structurally derived from 2,5-Dimethoxyphenethylamine by substitution at the 4-position of the phenyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), including, by example, compounds such as:
4-Bromo-2,5-dimethoxyphenethylamine (trade or other name: 2C-B);
4-Chloro-2,5-dimethoxyphenethylamine (trade or other name: 2C-C);
2,5-Dimethoxy-4-methylphenethylamine (trade or other name: 2C-D);
4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name: 2C-E);
4-Iodo-2,5-dimethoxyphenethylamine (trade or other name: 2C-I);
2,5-Dimethoxy-4-nitrophenethylamine (trade or other name: 2C-N);
2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other name: 2C-P);
4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-2);
4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-4); and
2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or other name:  2C-T-7); and
(7)  2,5-Dimethoxyamphetamine and any compound structurally derived from 2,5-Dimethoxyamphetamine by substitution at the 4-position of the phenyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), including, by example, compounds such as:
4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-2);
4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-4);
4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB);
4-Chloro-2,5-dimethoxyamphetamine (trade or other name: DOC);
2,5-Dimethoxy-4-ethylamphetamine (trade or other name: DOET);
4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI);
2,5-Dimethoxy-4-methylamphetamine (trade or other name: DOM);
2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON);
4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name: DOIP); and
2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name: DOPR).
(b)  For the purposes of Subsection (a)(1) only, the term "isomer" includes an optical, position, or geometric isomer.
(c)  To the extent Subsection (a)(4), (5), (6), or (7) conflicts with another provision or this subtitle or another law, the other provision or the other law prevails.  If a substance listed in this section is also listed in another penalty group, the listing in the other penalty group controls.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 384 (S.B. 227), Sec. 1, and Ch. 491 (H.B. 2671), Sec. 3, eff. September 1, 2017.

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Penalty Group 2

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https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-10-29

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(5)  any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A)  by modification in any of the following ways:
(i)  by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure;
(ii)  by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group;
(iii)  by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or
(iv)  by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and
(B)  including:
(i)  ethers and esters of the controlled substances listed in this subdivision; and
(ii)  by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
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);
Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other name: DMT);
5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name: 4-Aco-DMT);
Psilocin; and
Psilocybin;

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Tex. Health & Safety Code 481.103 (Penalty Group 2, hallucinogens)

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https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-10-08

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Sec. 481.103. PENALTY GROUP 2. (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: 5-(2-aminopropyl)benzofuran (5-APB); 6-(2-aminopropyl)benzofuran (6-APB); 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB); 6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB); 5-(2-aminopropyl)indole (5-IT,5-API); 6-(2-aminopropyl)indole (6-IT,6-API); 1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB); 1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB); Benzothiophenylcyclohexylpiperidine (BTCP); 8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- 4-ethanamine (trade or other name: Bromo-DragonFLY); Desoxypipradrol (2-benzhydrylpiperidine); 2, 5-dimethoxyamphetamine (some trade or other names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA); Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol, D2PM); 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); 2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or other name: methoxetamine); 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.); 5-iodo-2-aminoindane (5-IAI); Mescaline; 5-methoxy-3, 4-methylenedioxy amphetamine; 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA); 4-methoxymethamphetamine (PMMA); 2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some trade and other names: 2-MeO-ketamine; methoxyketamine); 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); 5,6-methylenedioxy-2-aminoindane (MDAI); 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; 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); 1-Phenylcyclohexylamine; 1-Piperidinocyclohexanecarbonitrile (PCC); 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; or 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: 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); Etaqualone and its salts; Etorphine Hydrochloride; Fenethylline and its salts; 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)propriophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N- methylaminopropriophenone; monomethylpropion; ephedrone, N- methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR 1431); N-Ethylamphetamine, its salts, optical isomers, and salts of optical isomers; and N,N-dimethylamphetamine (some trade or other names: N,N,alpha-trimethylbenzeneethanamine; N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and salts of optical isomers; (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, benzyl, dialkyl, or methoxybenzyl 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); alpha-Methylamino-valerophenone (Also known as Pentedrone); 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); (5) any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine: (A) by modification in any of the following ways: (i) by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure; (ii) by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group; (iii) by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or (iv) by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and (B) including: (i) ethers and esters of the controlled substances listed in this subdivision; and (ii) by example, compounds such as: alpha-ethyltryptamine; alpha-methyltryptamine; 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); Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET); Dimethyltryptamine (trade or other name: DMT); 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT); O-Acetylpsilocin (Trade or other name: 4-Aco-DMT); Psilocin; and Psilocybin; (6) 2,5-Dimethoxyphenethylamine and any compound structurally derived from 2,5-Dimethoxyphenethylamine by substitution at the 4-position of the phenyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), including, by example, compounds such as: 4-Bromo-2,5-dimethoxyphenethylamine (trade or other name: 2C-B); 4-Chloro-2,5-dimethoxyphenethylamine (trade or other name: 2C-C); 2,5-Dimethoxy-4-methylphenethylamine (trade or other name: 2C-D); 4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name: 2C-E); 4-Iodo-2,5-dimethoxyphenethylamine (trade or other name: 2C-I); 2,5-Dimethoxy-4-nitrophenethylamine (trade or other name: 2C-N); 2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other name: 2C-P); 4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-2); 4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-4); and 2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or other name: 2C-T-7); and (7) 2,5-Dimethoxyamphetamine and any compound structurally derived from 2,5-Dimethoxyamphetamine by substitution at the 4-position of the phenyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), including, by example, compounds such as: 4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-2); 4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-4); 4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB); 4-Chloro-2,5-dimethoxyamphetamine (trade or other name: DOC); 2,5-Dimethoxy-4-ethylamphetamine (trade or other name: DOET); 4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI); 2,5-Dimethoxy-4-methylamphetamine (trade or other name: DOM); 2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON); 4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name: DOIP); and 2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name: DOPR). (b) For the purposes of Subsection (a)(1) only, the term "isomer" includes an optical, position, or geometric isomer. (c) To the extent Subsection (a)(4), (5), (6), or (7) conflicts with another provision or this subtitle or another law, the other provision or the other law prevails. If a substance listed in this section is also listed in another penalty group, the listing in the other penalty group controls. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 384 (S.B. 227 ), Sec. 1, and Ch. 491 (H.B. 2671 ), Sec. 3, eff. September 1, 2017. Amended by Acts 1997, 75th Leg., ch. 745, Sec. 23, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 17, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1099, Sec. 8, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 739 (S.B. 449 ), Sec. 2, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 784 (H.B. 2118 ), Sec. 1, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 64 (S.B. 172 ), Sec. 3, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 384 (S.B. 227 ), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 491 (H.B. 2671 ), Sec. 3, eff. September 1, 2017.

Instrument

Abusable Volatile Chemicals: definitions, permits and signs, possession and use, delivery to a minor

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.485.htm

Retrieved

2026-10-31

Fingerprint

1b3b4d7c3c53fc50

Sec. 485.001.  DEFINITIONS.
  In this chapter:
(1)  "Abusable volatile chemical" means:
(A)  a chemical, including aerosol paint, that:
(i)  is packaged in a container subject to the labeling requirements concerning precautions against inhalation established under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, and regulations adopted under that Act and is labeled with the statement of principal hazard on the principal display panel "VAPOR HARMFUL" or other labeling requirement subsequently established under that Act or those regulations;
(ii)  when inhaled, ingested, or otherwise introduced into a person’s body, may:
(a)  affect the person’s central nervous system;
(b)  create or induce in the person a condition of intoxication, hallucination, or elation;  or
(c)  change, distort, or disturb the person’s eyesight, thinking process, balance, or coordination;  and
(iii)  is not:
(a)  a pesticide subject to Chapter
76
, Agriculture Code, or to the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. Section 136 et seq.), as amended;
(b)  a food, drug, or cosmetic subject to Chapter
431
 or to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), as amended;  or
(c)  a beverage subject to the Federal Alcohol Administration Act (27 U. S.C. Section 201 et seq.), as amended;  or
(B)  nitrous oxide that is not:
(i)  a pesticide subject to Chapter
76
, Agriculture Code, or to the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. Section 136 et seq.), as amended;
(ii)  a food, drug, or cosmetic subject to Chapter
431
 or to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), as amended;  or
(iii)  a beverage subject to the Federal Alcohol Administration Act (27 U.S.C. Section 201 et seq.), as amended.
(2)  “Aerosol paint” means an aerosolized paint product, including a clear or pigmented lacquer or finish.
(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(94), eff. April 2, 2015.
(4)  "Commissioner" means the commissioner of state health services.
(5)  "Deliver" means to make the actual or constructive transfer from one person to another of an abusable volatile chemical, regardless of whether there is an agency relationship.  The term includes an offer to sell an abusable volatile chemical.
(6)  “Delivery” means the act of delivering.
(7)  "Department" means the Department of State Health Services.
(7-a)  “Executive commissioner” means the executive commissioner of the Health and Human Services Commission.
(8)  “Inhalant paraphernalia” means equipment or materials of any kind that are intended for use in inhaling, ingesting, or otherwise introducing into the human body an abusable volatile chemical.  The term includes a tube, balloon, bag, fabric, bottle, or other container used to concentrate or hold in suspension an abusable volatile chemical or vapors of the chemical.
(9)  "Sell" includes a conveyance, exchange, barter, or trade.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B.
219
), Sec. 3.1241, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B.
219
), Sec. 3.1639(94), eff. April 2, 2015.

Sec. 485.002.  RULES.
  The executive commissioner may adopt rules necessary to comply with any labeling requirements concerning precautions against inhalation of an abusable volatile chemical established under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, or under regulations adopted under that Act.

Added by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B.
219
), Sec. 3.1242, eff. April 2, 2015.

SUBCHAPTER B. SALES PERMITS AND SIGNS
Sec. 485.011.  PERMIT REQUIRED.
  A person may not sell an abusable volatile chemical at retail unless the person or the person’s employer holds, at the time of the sale, a volatile chemical sales permit for the location of the sale.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 485.012 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.012.  ISSUANCE AND RENEWAL OF PERMIT.
  (a)  To be eligible for the issuance or renewal of a volatile chemical sales permit, a person must:
(1)  hold a sales tax permit that has been issued to the person;
(2)  complete and return to the department an application as required by the department;  and
(3)  pay to the department the application fee established under Section
485.013
 for each location at which an abusable volatile chemical may be sold by the person holding a volatile chemical sales permit.
(b)  The executive commissioner shall adopt rules as necessary to administer this chapter, including application procedures and procedures by which the department shall give each permit holder reasonable notice of permit expiration and renewal requirements.
(c)  The department shall issue or deny a permit and notify the applicant of the department's action not later than the 60th day after the date on which the department receives the complete application and appropriate fee.  If the department denies an application, the department shall include in the notice the reasons for the denial.
(d)  A permit issued or renewed under this chapter is valid for two years from the date of issuance or renewal.
(e)  A permit is not valid if the permit holder has been convicted more than once in the preceding year of an offense committed:
(1)  at a location for which the permit is issued;  and
(2)  under Section
485.031
,
485.032
, or
485.033
.
(f)  A permit issued by the department is the property of the department and must be surrendered on demand by the department.
(g)  The department shall prepare an annual roster of permit holders.
(h)  The department shall monitor and enforce compliance with this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 203, eff. Sept. 1, 1991.  Renumbered from Health & Safety Code Sec. 485.013 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B.
219
), Sec. 3.1243, eff. April 2, 2015.

Sec. 485.013.  FEE.
  The executive commissioner by rule may establish fees in amounts as prescribed by Section
12.0111
.

Added by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B.
219
), Sec. 3.1244, eff. April 2, 2015.

Sec. 485.014.  PERMIT AVAILABLE FOR INSPECTION.
  A permit holder must have the volatile chemical sales permit or a copy of the permit available for inspection by the public at each location where the permit holder sells an abusable volatile chemical.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.015.  REFUSAL TO ISSUE OR RENEW PERMIT.
  A proceeding for the failure to issue or renew a volatile chemical sales permit under Section
485.012
 or for an appeal from that proceeding is governed by the contested case provisions of Chapter
2001
, Government Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.016.  DISPOSITION OF FUNDS;  EDUCATION AND PREVENTION PROGRAMS.
  (a)  The department shall account for all amounts received under Section
485.013
 and send those amounts to the comptroller.
(b)  The comptroller shall deposit the amounts received under Subsection (a) in the state treasury to the credit of the general revenue fund to be used only by the department to:
(1)  administer, monitor, and enforce this chapter;  and
(2)  finance statewide education projects concerning the hazards of abusable volatile chemicals and the prevention of inhalant abuse.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 204, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.017.  SIGNS.
  A business establishment that sells an abusable volatile chemical at retail shall display a conspicuous sign, in English and Spanish, that states the following:
It is unlawful for a person to sell or deliver an abusable volatile chemical to a person under 18 years of age.  Except in limited situations, such an offense is a state jail felony.
It is also unlawful for a person to abuse a volatile chemical by inhaling, ingesting, applying, using, or possessing with intent to inhale, ingest, apply, or use a volatile chemical in a manner designed to affect the central nervous system.  Such an offense is a Class B misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.018.  PROHIBITED ORDINANCE AND RULE.
  (a)  A political subdivision or an agency of this state may not enact an ordinance or rule that requires a business establishment to display an abusable volatile chemical, other than aerosol paint, in a manner that makes the chemical accessible to patrons of the business only with the assistance of personnel of the business.
(b)  This section does not apply to an ordinance or rule that was enacted before September 1, 1989.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 205, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B.
2086
), Sec. 28, eff. September 1, 2009.

Sec. 485.019.  RESTRICTION OF ACCESS TO AEROSOL PAINT.
  (a)  A business establishment that holds a permit under Section
485.012
 and that displays aerosol paint shall display the paint:
(1)  in a place that is in the line of sight of a cashier or in the line of sight from a workstation normally continuously occupied during business hours;
(2)  in a manner that makes the paint accessible to a patron of the business establishment only with the assistance of an employee of the establishment;  or
(3)  in an area electronically protected, or viewed by surveillance equipment that is monitored, during business hours.
(b)  This section does not apply to a business establishment that has in place a computerized checkout system at the point of sale for merchandise that alerts the cashier that a person purchasing aerosol paint must be over 18 years of age.
(c)  A court may issue a warning to a business establishment or impose a civil penalty of $50 on the business establishment for a first violation of this section.  After receiving a warning or penalty for the first violation, the business establishment is liable to the state for a civil penalty of $100 for each subsequent violation.
(d)  For the third violation of this section in a calendar year, a court may issue an injunction prohibiting the business establishment from selling aerosol paint for a period of not more than two years.  A business establishment that violates the injunction is liable to the state for a civil penalty of $100, in addition to any other penalty authorized by law, for each day the violation continues.
(e)  If a business establishment fails to pay a civil penalty under this section, the court may issue an injunction prohibiting the establishment from selling aerosol paint until the establishment pays the penalty, attorney's fees, and court costs.
(f)  The district or county attorney for the county in which a violation of this section is alleged to have occurred, or the attorney general, if requested by the district or county attorney for that county, may file suit for the issuance of a warning, the collection of a penalty, or the issuance of an injunction.
(g)  A penalty collected under this section shall be sent to the comptroller for deposit in the state treasury to the credit of the general revenue fund.
(h)  This section applies only to a business establishment that is located in a county with a population of 75,000 or more.

Added by Acts 1997, 75th Leg., ch. 593, Sec. 4, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

SUBCHAPTER C. CRIMINAL PENALTIES
Sec. 485.031.  POSSESSION AND USE.
  (a)  A person commits an offense if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner:
(1)  contrary to directions for use, cautions, or warnings appearing on a label of a container of the chemical;  and
(2)  designed to:
(A)  affect the person’s central nervous system;
(B)  create or induce a condition of intoxication, hallucination, or elation;  or
(C)  change, distort, or disturb the person’s eyesight, thinking process, balance, or coordination.
(b)  An offense under this section is a Class B misdemeanor.
(c)  It is a defense to prosecution for an offense under Subsection (a) that the actor:
(1)  was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A)  made the request for medical assistance during an ongoing medical emergency;
(B)  remained on the scene until the medical assistance arrived; and
(C)  cooperated with medical assistance and law enforcement personnel; or
(2)  was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(d)  The defense to prosecution provided by Subsection (c) is not available if:
(1)  at the time the request for emergency medical assistance was made:
(A)  a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B)  the actor is committing another offense, other than an offense punishable under Section
481.115
(b),
481.1151
(b)(1),
481.116
(b),
481.1161
(b)(1) or (2),
481.117
(b),
481.118
(b), or
481.121
(b)(1) or (2), or an offense under Section
481.119
(b),
481.125
(a), or
483.041
(a);
(2)  the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter
481
 or
483
;
(3)  the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section
481.115
(g),
481.1151
(c),
481.116
(f),
481.1161
(c),
481.117
(f),
481.118
(f),
481.119
(c),
481.121
(c),
481.125
(g), or
483.041
(e); or
(4)  at any time during  the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the  possible overdose of the actor or another person.
(e)  The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 808 (H.B.
1694
), Sec. 12, eff. September 1, 2021.

Sec. 485.032.  DELIVERY TO A MINOR.
  (a)  A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than 18 years of age.
(b)  It is a defense to prosecution under this section that:
(1)  the abusable volatile chemical that was delivered contains additive material that effectively discourages intentional abuse by inhalation;  or
(2)  the person making the delivery is not the manufacturer of the chemical and the manufacturer of the chemical failed to label the chemical with the statement of principal hazard on the principal display panel "VAPOR HARMFUL" or other labeling requirement subsequently established under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, or regulations subsequently adopted under that Act.
(c)  It is an affirmative defense to prosecution under this section that:
(1)  the person making the delivery is an adult having supervisory responsibility over the person younger than 18 years of age and:
(A)  the adult permits the use of the abusable volatile chemical only under the adult's direct supervision and in the adult's presence and only for its intended purpose;  and
(B)  the adult removes the chemical from the person younger than 18 years of age on completion of that use;  or
(2)  the person to whom the abusable volatile chemical was delivered presented to the defendant an apparently valid Texas driver’s license or an identification certificate, issued by the Department of Public Safety of the State of Texas and containing a physical description consistent with the person’s appearance, that purported to establish that the person was 18 years of age or older.
(d)  Except as provided by Subsections (e) and (f), an offense under this section is a state jail felony.
(e)  An offense under this section is a Class B misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant’s employer held a volatile chemical sales permit for the location of the sale.
(f)  An offense under this section is a Class A misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant’s employer:
(1)  did not hold a volatile chemical sales permit but did hold a sales tax permit for the location of the sale;  and
(2)  had not been convicted previously under this section for an offense committed after January 1, 1988.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.06, eff. Sept. 1, 1994.  Renumbered from Health & Safety Code Sec. 485.033 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Instrument

PENALTY GROUP 2 - hallucinogenic substances

Source

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

Retrieved

2026-07-20

Fingerprint

ed6166a47c68ae9e

(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:
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- 4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol, D2PM);
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);
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or other name: methoxetamine);
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.);
5-iodo-2-aminoindane (5-IAI);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some trade and other names: 2-MeO-ketamine; methoxyketamine);
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);
5,6-methylenedioxy-2-aminoindane (MDAI);
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;
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);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
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; or
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;

Instrument

Penalty Group 1, Ketamine

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-10-31

Fingerprint

8e3622fee8edff28

Sec. 481.102.  PENALTY GROUP 1.
  Penalty Group 1 consists of:
(1)  the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
Allylprodine;
Alphacetylmethadol;
Benzethidine;
Betaprodine;
Clonitazene;
Diampromide;
Diethylthiambutene;
Difenoxin not listed in Penalty Group 3 or 4;
Dimenoxadol;
Dimethylthiambutene;
Dioxaphetyl butyrate;
Dipipanone;
Ethylmethylthiambutene;
Etonitazene;
Etoxeridine;
Furethidine;
Hydroxypethidine;
Ketobemidone;
Levophenacylmorphan;
Meprodine;
Methadol;
Moramide;
Morpheridine;
Noracymethadol;
Norlevorphanol;
Normethadone;
Norpipanone;
Phenadoxone;
Phenampromide;
Phenomorphan;
Phenoperidine;
Piritramide;
Proheptazine;
Properidine;
Propiram;
Tilidine; and
Trimeperidine;
(2)  the following opium derivatives, 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:
Acetorphine;
Acetyldihydrocodeine;
Benzylmorphine;
Codeine methylbromide;
Codeine-N-Oxide;
Cyprenorphine;
Desomorphine;
Dihydromorphine;
Drotebanol;
Etorphine, except hydrochloride salt;
Heroin;
Hydromorphinol;
Methyldesorphine;
Methyldihydromorphine;
Monoacetylmorphine;
Morphine methylbromide;
Morphine methylsulfonate;
Morphine-N-Oxide;
Myrophine;
Nicocodeine;
Nicomorphine;
Normorphine;
Pholcodine; and
Thebacon;
(3)  the following substances, however produced, except those narcotic drugs listed in another group:
(A)  Opium and opiate not listed in Penalty Group 3 or 4, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine derived butorphanol, nalmefene and its salts, naloxone and its salts, and naltrexone and its salts, but including:
Codeine not listed in Penalty Group 3 or 4;
Dihydroetorphine;
Ethylmorphine not listed in Penalty Group 3 or 4;
Granulated opium;
Hydrocodone not listed in Penalty Group 3;
Hydromorphone;
Metopon;
Morphine not listed in Penalty Group 3;
Opium extracts;
Opium fluid extracts;
Oripavine;
Oxycodone;
Oxymorphone;
Powdered opium;
Raw opium;
Thebaine; and
Tincture of opium;
(B)  a salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (A), other than the isoquinoline alkaloids of opium;
(C)  Opium poppy and poppy straw;
(D)  Cocaine, including:
(i)  its salts, its optical, position, and geometric isomers, and the salts of those isomers;
(ii)  coca leaves and a salt, compound, derivative, or preparation of coca leaves; and
(iii)  a salt, compound, derivative, or preparation of a salt, compound, or derivative that is chemically equivalent or identical to a substance described by Subparagraph (i) or (ii), other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and
(E)  concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrine alkaloids of the opium poppy;
(4)  the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
Alphaprodine;
Anileridine;
Bezitramide;
Dihydrocodeine not listed in Penalty Group 3 or 4;
Diphenoxylate not listed in Penalty Group 3 or 4;
Isomethadone;
Levomethorphan;
Levorphanol;
Metazocine;
Methadone;
Methadone-Intermediate, 4-cyano-2-dimethylamino- 4, 4-diphenyl butane;
Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
PEPAP (1-(2-phenethyl)-4-phenyl-4- acetoxypiperidine);
Pethidine (Meperidine);
Pethidine-Intermediate-A, 4-cyano-1-methyl-4- phenylpiperidine;
Pethidine-Intermediate-B, ethyl-4- phenylpiperidine-4 carboxylate;
Pethidine-Intermediate-C, 1-methyl-4- phenylpiperidine-4-carboxylic acid;
Phenazocine;
Piminodine;
Racemethorphan; and
Racemorphan;
(5)  Flunitrazepam (trade or other name: Rohypnol);
(6)  Methamphetamine, including its salts, optical isomers, and salts of optical isomers;
(7)  Phenylacetone and methylamine, if possessed together with intent to manufacture methamphetamine;
(8)  Phencyclidine, including its salts;
(9)  Gamma hydroxybutyric acid (some trade or other names: gamma hydroxybutyrate, GHB), including its salts;
(10)  Ketamine;

Instrument

Penalty Group 2, hallucinogenic substances (Ibogaine)

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-10-31

Fingerprint

faee0cdb5b804fe7

Sec. 481.103.  PENALTY GROUP 2.
  (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:
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- 4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other names:  2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol, D2PM);
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);
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or other name: methoxetamine);
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.);
5-iodo-2-aminoindane (5-IAI);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names:  4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some trade and other names: 2-MeO-ketamine; methoxyketamine);
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);
5,6-methylenedioxy-2-aminoindane (MDAI);
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;
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);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
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; or
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;

Instrument

Penalty Group 2, tryptamine class (Dimethyltryptamine)

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-10-31

Fingerprint

b76d17e1466262f1

Sec. 481.103.  PENALTY GROUP 2.
  (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:
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- 4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other names:  2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol, D2PM);
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);
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or other name: methoxetamine);
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.);
5-iodo-2-aminoindane (5-IAI);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names:  4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some trade and other names: 2-MeO-ketamine; methoxyketamine);
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);
5,6-methylenedioxy-2-aminoindane (MDAI);
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;
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);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
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; or
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:
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);
Etaqualone and its salts;
Etorphine Hydrochloride;
Fenethylline and its salts;
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)propriophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N- methylaminopropriophenone; monomethylpropion; ephedrone, N- methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR 1431);
N-Ethylamphetamine, its salts, optical isomers, and salts of optical isomers; and
N,N-dimethylamphetamine (some trade or other names: N,N,alpha-trimethylbenzeneethanamine; N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and salts of optical isomers;
(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, benzyl, dialkyl, or methoxybenzyl 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);
alpha-Methylamino-valerophenone (Also known as Pentedrone);
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);
(5)  any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A)  by modification in any of the following ways:
(i)  by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure;
(ii)  by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group;
(iii)  by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or
(iv)  by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and
(B)  including:
(i)  ethers and esters of the controlled substances listed in this subdivision; and
(ii)  by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
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);
Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other name: DMT);
5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name: 4-Aco-DMT);
Psilocin; and
Psilocybin;

Instrument

Penalty Group 3, Salvia divinorum

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-10-31

Fingerprint

480a3e952c96ab3c

Sec. 481.104.  PENALTY GROUP 3.
  (a)  Penalty Group 3 consists of:
(1)  a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
Methylphenidate and its salts; and
Phenmetrazine and its salts;
(2)  a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid not otherwise described by this subsection;
a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any salt of any of these, and one or more active medicinal ingredients that are not listed in any penalty group;
a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs, and approved by the United States Food and Drug Administration for marketing only as a suppository;
Alprazolam;
Amobarbital;
Bromazepam;
Camazepam;
Carisoprodol;
Chlordiazepoxide;
Chlorhexadol;
Clobazam;
Clonazepam;
Clorazepate;
Clotiazepam;
Cloxazolam;
Delorazepam;
Diazepam;
Estazolam;
Ethyl loflazepate;
Etizolam;
Fludiazepam;
Flurazepam;
Glutethimide;
Halazepam;
Haloxzolam;
Ketazolam;
Loprazolam;
Lorazepam;
Lormetazepam;
Lysergic acid, including its salts, isomers, and salts of isomers;
Lysergic acid amide, including its salts, isomers, and salts of isomers;
Mebutamate;
Medazepam;
Methyprylon;
Midazolam;
Nimetazepam;
Nitrazepam;
Nordiazepam;
Oxazepam;
Oxazolam;
Pentazocine, its salts, derivatives, or compounds or mixtures thereof;
Pentobarbital;
Pinazepam;
Prazepam;
Quazepam;
Secobarbital;
Sulfondiethylmethane;
Sulfonethylmethane;
Sulfonmethane;
Temazepam;
Tetrazepam;
Tiletamine and zolazepam in combination, and its salts.  (some trade or other names for a tiletamine-zolazepam combination product: Telazol, for tiletamine: 2-(ethylamino)- 2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2- fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4- e](1,4)-d diazepin-7(1H)-one, flupyrazapon);
Tramadol;
Triazolam;
Zaleplon;
Zolpidem; and
Zopiclone;
(3)  Nalorphine;
(4)  a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs, or any of their salts:
not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
not more than 1.8 grams of codeine, 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 recognized therapeutic amounts;
not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
not more than 300 milligrams of dihydrocodeinone (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 recognized therapeutic amounts;
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 in recognized therapeutic amounts;
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
not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;
(5)  a material, compound, mixture, or preparation that contains any quantity of the following substances:
Barbital;
Chloral betaine;
Chloral hydrate;
Ethchlorvynol;
Ethinamate;
Meprobamate;
Methohexital;
Methylphenobarbital (Mephobarbital);
Paraldehyde;
Petrichloral; and
Phenobarbital;
(6)  Peyote, unless unharvested and growing in its 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;
(7)  unless listed in another penalty group, a 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- 1,2-diphenyl-3-methyl-2-propionoxybutane);
(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;
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;
Methandriol;
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;
Stanozolol;
Stenbolone;
Testolactone;
Testosterone;
Tetrahydrogestrinone; and
Trenbolone; and
(10)  Salvia divinorum, unless unharvested and growing in its natural state, meaning all parts of that plant, whether growing or not, the seeds of that plant, an extract from a part of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or extracts, including Salvinorin A.

Instrument

Penalty Group 3, Peyote

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-10-31

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2eedd8a67cf277a9

Sec. 481.104.  PENALTY GROUP 3.
  (a)  Penalty Group 3 consists of:
(1)  a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
Methylphenidate and its salts; and
Phenmetrazine and its salts;
(2)  a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid not otherwise described by this subsection;
a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any salt of any of these, and one or more active medicinal ingredients that are not listed in any penalty group;
a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs, and approved by the United States Food and Drug Administration for marketing only as a suppository;
Alprazolam;
Amobarbital;
Bromazepam;
Camazepam;
Carisoprodol;
Chlordiazepoxide;
Chlorhexadol;
Clobazam;
Clonazepam;
Clorazepate;
Clotiazepam;
Cloxazolam;
Delorazepam;
Diazepam;
Estazolam;
Ethyl loflazepate;
Etizolam;
Fludiazepam;
Flurazepam;
Glutethimide;
Halazepam;
Haloxzolam;
Ketazolam;
Loprazolam;
Lorazepam;
Lormetazepam;
Lysergic acid, including its salts, isomers, and salts of isomers;
Lysergic acid amide, including its salts, isomers, and salts of isomers;
Mebutamate;
Medazepam;
Methyprylon;
Midazolam;
Nimetazepam;
Nitrazepam;
Nordiazepam;
Oxazepam;
Oxazolam;
Pentazocine, its salts, derivatives, or compounds or mixtures thereof;
Pentobarbital;
Pinazepam;
Prazepam;
Quazepam;
Secobarbital;
Sulfondiethylmethane;
Sulfonethylmethane;
Sulfonmethane;
Temazepam;
Tetrazepam;
Tiletamine and zolazepam in combination, and its salts.  (some trade or other names for a tiletamine-zolazepam combination product: Telazol, for tiletamine: 2-(ethylamino)- 2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2- fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4- e](1,4)-d diazepin-7(1H)-one, flupyrazapon);
Tramadol;
Triazolam;
Zaleplon;
Zolpidem; and
Zopiclone;
(3)  Nalorphine;
(4)  a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs, or any of their salts:
not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
not more than 1.8 grams of codeine, 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 recognized therapeutic amounts;
not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
not more than 300 milligrams of dihydrocodeinone (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 recognized therapeutic amounts;
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 in recognized therapeutic amounts;
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
not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;
(5)  a material, compound, mixture, or preparation that contains any quantity of the following substances:
Barbital;
Chloral betaine;
Chloral hydrate;
Ethchlorvynol;
Ethinamate;
Meprobamate;
Methohexital;
Methylphenobarbital (Mephobarbital);
Paraldehyde;
Petrichloral; and
Phenobarbital;
(6)  Peyote, unless unharvested and growing in its 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;

Instrument

Sec. 485.001.

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.485.htm

Retrieved

2026-11-02

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f0ccc0072f74ce61

Sec. 485.001.  DEFINITIONS. In this chapter: (1)  "Abusable volatile chemical" means: (A)  a chemical, including aerosol paint, that: (i)  is packaged in a container subject to the labeling requirements concerning precautions against inhalation established under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, and regulations adopted under that Act and is labeled with the statement of principal hazard on the principal display panel "VAPOR HARMFUL" or other labeling requirement subsequently established under that Act or those regulations; (ii)  when inhaled, ingested, or otherwise introduced into a person’s body, may: (a)  affect the person’s central nervous system; (b)  create or induce in the person a condition of intoxication, hallucination, or elation;  or (c)  change, distort, or disturb the person’s eyesight, thinking process, balance, or coordination;  and (iii)  is not: (a)  a pesticide subject to Chapter 76 , Agriculture Code, or to the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. Section 136 et seq.), as amended; (b)  a food, drug, or cosmetic subject to Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), as amended;  or (c)  a beverage subject to the Federal Alcohol Administration Act (27 U. S.C. Section 201 et seq.), as amended;  or (B)  nitrous oxide that is not: (i)  a pesticide subject to Chapter 76 , Agriculture Code, or to the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. Section 136 et seq.), as amended; (ii)  a food, drug, or cosmetic subject to Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), as amended;  or (iii)  a beverage subject to the Federal Alcohol Administration Act (27 U.S.C. Section 201 et seq.), as amended. (2)  “Aerosol paint” means an aerosolized paint product, including a clear or pigmented lacquer or finish. (3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(94), eff. April 2, 2015. (4)  "Commissioner" means the commissioner of state health services. (5)  "Deliver" means to make the actual or constructive transfer from one person to another of an abusable volatile chemical, regardless of whether there is an agency relationship.  The term includes an offer to sell an abusable volatile chemical. (6)  “Delivery” means the act of delivering. (7)  "Department" means the Department of State Health Services. (7-a)  “Executive commissioner” means the executive commissioner of the Health and Human Services Commission. (8)  “Inhalant paraphernalia” means equipment or materials of any kind that are intended for use in inhaling, ingesting, or otherwise introducing into the human body an abusable volatile chemical.  The term includes a tube, balloon, bag, fabric, bottle, or other container used to concentrate or hold in suspension an abusable volatile chemical or vapors of the chemical. (9)  "Sell" includes a conveyance, exchange, barter, or trade. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.1241, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.1639(94), eff. April 2, 2015.

Instrument

Sec. 485.011.

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.485.htm

Retrieved

2026-11-02

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cfd834dce60d96d5

Sec. 485.011.  PERMIT REQUIRED. A person may not sell an abusable volatile chemical at retail unless the person or the person’s employer holds, at the time of the sale, a volatile chemical sales permit for the location of the sale. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 485.012 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Instrument

Sec. 485.017.

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.485.htm

Retrieved

2026-11-02

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a868e36973c177c5

Sec. 485.017.  SIGNS. A business establishment that sells an abusable volatile chemical at retail shall display a conspicuous sign, in English and Spanish, that states the following: It is unlawful for a person to sell or deliver an abusable volatile chemical to a person under 18 years of age.  Except in limited situations, such an offense is a state jail felony. It is also unlawful for a person to abuse a volatile chemical by inhaling, ingesting, applying, using, or possessing with intent to inhale, ingest, apply, or use a volatile chemical in a manner designed to affect the central nervous system.  Such an offense is a Class B misdemeanor. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Instrument

Sec. 485.031.

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.485.htm

Retrieved

2026-11-02

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3bb12b352723a2af

Sec. 485.031.  POSSESSION AND USE. (a)  A person commits an offense if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner: (1)  contrary to directions for use, cautions, or warnings appearing on a label of a container of the chemical;  and (2)  designed to: (A)  affect the person’s central nervous system; (B)  create or induce a condition of intoxication, hallucination, or elation;  or (C)  change, distort, or disturb the person’s eyesight, thinking process, balance, or coordination. (b)  An offense under this section is a Class B misdemeanor. (c)  It is a defense to prosecution for an offense under Subsection (a) that the actor: (1)  was the first person to request emergency medical assistance in response to the possible overdose of another person and: (A)  made the request for medical assistance during an ongoing medical emergency; (B)  remained on the scene until the medical assistance arrived; and (C)  cooperated with medical assistance and law enforcement personnel; or (2)  was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency. (d)  The defense to prosecution provided by Subsection (c) is not available if: (1)  at the time the request for emergency medical assistance was made: (A)  a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (B)  the actor is committing another offense, other than an offense punishable under Section 481.115 (b), 481.1151 (b)(1), 481.116 (b), 481.1161 (b)(1) or (2), 481.117 (b), 481.118 (b), or 481.121 (b)(1) or (2), or an offense under Section 481.119 (b), 481.125 (a), or 483.041 (a); (2)  the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 481 or 483 ; (3)  the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115 (g), 481.1151 (c), 481.116 (f), 481.1161 (c), 481.117 (f), 481.118 (f), 481.119 (c), 481.121 (c), 481.125 (g), or 483.041 (e); or (4)  at any time during  the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the  possible overdose of the actor or another person. (e)  The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2021, 87th Leg., R.S., Ch. 808 (H.B. 1694 ), Sec. 12, eff. September 1, 2021.

Instrument

Sec. 485.032.

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.485.htm

Retrieved

2026-11-02

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f999123729f23b4d

Sec. 485.032.  DELIVERY TO A MINOR. (a)  A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than 18 years of age. (b)  It is a defense to prosecution under this section that: (1)  the abusable volatile chemical that was delivered contains additive material that effectively discourages intentional abuse by inhalation;  or (2)  the person making the delivery is not the manufacturer of the chemical and the manufacturer of the chemical failed to label the chemical with the statement of principal hazard on the principal display panel "VAPOR HARMFUL" or other labeling requirement subsequently established under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, or regulations subsequently adopted under that Act. (c)  It is an affirmative defense to prosecution under this section that: (1)  the person making the delivery is an adult having supervisory responsibility over the person younger than 18 years of age and: (A)  the adult permits the use of the abusable volatile chemical only under the adult's direct supervision and in the adult's presence and only for its intended purpose;  and (B)  the adult removes the chemical from the person younger than 18 years of age on completion of that use;  or (2)  the person to whom the abusable volatile chemical was delivered presented to the defendant an apparently valid Texas driver’s license or an identification certificate, issued by the Department of Public Safety of the State of Texas and containing a physical description consistent with the person’s appearance, that purported to establish that the person was 18 years of age or older. (d)  Except as provided by Subsections (e) and (f), an offense under this section is a state jail felony. (e)  An offense under this section is a Class B misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant’s employer held a volatile chemical sales permit for the location of the sale. (f)  An offense under this section is a Class A misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant’s employer: (1)  did not hold a volatile chemical sales permit but did hold a sales tax permit for the location of the sale;  and (2)  had not been convicted previously under this section for an offense committed after January 1, 1988. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.06, eff. Sept. 1, 1994.  Renumbered from Health & Safety Code Sec. 485.033 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Instrument

Sec. 491.001.

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.491.htm

Retrieved

2026-11-02

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1cab5104180a64fb

Sec. 491.001.  DEFINITIONS. In this chapter: (1)  “Commission” means the Health and Human Services Commission. (2)  "Comptroller" means the comptroller of public accounts. (3)  “Drug developer” means a pharmaceutical company, biotechnology company, or contract development and manufacturing organization engaged in drug development and manufacturing. (4)  “Hospital” has the meaning assigned by Section 241.003 . (5)  "Ibogaine" means ibogaine and ibogaine-based therapeutics, including ibogaine analogs. (6)  "Institution of higher education" has the meaning assigned by Section 61.003 , Education Code. Added by Acts 2025, 89th Leg., R.S., Ch. 333 (S.B. 2308 ), Sec. 1, eff. June 11, 2025.

Instrument

Prohibited e-cigarette products

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.161.htm

Retrieved

2026-11-01

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c60d7e89cbc9207c

(b)  A person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product:
(1)  in a product container that:
(A)  depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
(B)  imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
(C)  includes a symbol that is primarily used to market products to minors;
(D)  includes an image or name of a celebrity; or
(E)  includes an image that resembles a food product, including candy or juice;
(2)  in a product shape or design disguised to appear as an alternative product, including a product in the shape or design of:
(A)  a school or office supply, such as a highlighter, marker, ink pen, or pencil;
(B)  a smart phone, smart watch, smart phone case, or smart watch case;
(C)  headphones, including ear buds;
(D)  clothing;
(E)  a backpack;
(F)  a cosmetic, including lipstick; or
(G)  a toy;
(3)  that is wholly or partially manufactured in or marketed as being manufactured in:
(A)  China; or
(B)  a country designated as a foreign adversary by the United States secretary of commerce under 15 C.F.R. Section 791.4; or
(4)  that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances.

Instrument

Penalty Group 2

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-11-06

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8682990310e4c5f8

Sec. 481.103.  PENALTY GROUP 2.
  (a)  Penalty Group 2 consists of:
(5)  any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A)  by modification in any of the following ways:
(i)  by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure;
(ii)  by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group;
(iii)  by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or
(iv)  by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and
(B)  including:
(i)  ethers and esters of the controlled substances listed in this subdivision; and
(ii)  by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
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);
Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other name: DMT);
5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name: 4-Aco-DMT);
Psilocin; and
Psilocybin;

Instrument

Penalty Group 2 tryptamine class and DSHS Schedule I hallucinogenic substances

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-11-06

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a0edb0433e1515c4

Sec. 481.103.  PENALTY GROUP 2.
  (a)  Penalty Group 2 consists of:
(5)  any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A)  by modification in any of the following ways:
(i)  by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure;
(ii)  by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group;
(iii)  by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or
(iv)  by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and
(B)  including:
(i)  ethers and esters of the controlled substances listed in this subdivision; and
(ii)  by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
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);
Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other name: DMT);
5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name: 4-Aco-DMT);
Psilocin; and
Psilocybin;

Unless specifically excepted or unless listed in another schedule, a material,
compound, mixture, or preparation that contains any quantity of the
following hallucinogenic substances or that contains any of the substance's
salts, isomers, and salts of isomers if the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation (for the
purposes of this Schedule I hallucinogenic substances section only, the term
"isomer" includes optical, positional, and geometric isomers):
      (1) α-Ethyltryptamine (Other names: etryptamine; Monase; α-ethyl-
1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; AET);
      (2) 4-Bromo-2,5-dimethoxyamphetamine (Other names: 4-bromo-
2,5-dimethoxy-α-methylphenethylamine; 4-bromo-2,5-DMA);
      (3) 4-Bromo-2,5-dimethoxyphenethylamine (Other names: Nexus; 2C-
B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; α-desmethyl DOB);
      (4) 2,5-Dimethoxyamphetamine (Other names: 2,5-dimethoxy-α-
methylphenethylamine; 2,5-DMA);
      (5) 2,5-Dimethoxy-4-ethylamphetamine (Other name: DOET);
      (6) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine, its optical
isomers, salts and salts of isomers (Other name: 2C-T-7);
      (7) 4-Methoxyamphetamine (Other names: 4-methoxy-α-
methylphenethylamine; paramethoxyamphetamine; PMA);
      (8) 5-Methoxy-3,4-methylenedioxyamphetamine (Other name:
MMDA);
      (9) 4-Methyl-2,5-dimethoxyamphetamine (Other names:
4-methyl-2,5-dimethoxy-α-methyl-phenethylamine; “DOM”;“STP”);
      (10) 3,4-Methylenedioxyamphetamine (Other names: MDA; Love
Drug);
      (11) 3,4-Methylenedioxymethamphetamine (Other names: MDMA;
MDM; Ecstasy; XTC);
      (12) 3,4-Methylenedioxy-N-ethylamphetamine (Other names: N-ethyl-
α-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA);
      (13) N-Hydroxy-3,4-methylenedioxyamphetamine (Other name: N-
hydroxy MDA);
      (14) 3,4,5-Trimethoxyamphetamine (Other name: TMA);
      (15) 5-Methoxy-N,N-dimethyltryptamine (Other names: 5-methoxy-3-
[2-(dimethylamino)ethyl]indole; 5-MeO-DMT);

Instrument

PROHIBITED E-CIGARETTE PRODUCTS

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.161.htm

Retrieved

2026-11-02

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2bb9eca8fbc1fc6a

Sec. 161.0876.  PROHIBITED E-CIGARETTE PRODUCTS.  (a)  For purposes of this section, “e-cigarette product” means a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by Section 161.081(1-a), regardless of whether the liquid solution or material contains nicotine.  The term does not include a prescription medication or other prescribed substance unrelated to the cessation of smoking.
(b)  A person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product:
(1)  in a product container that:
(A)  depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
(B)  imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
(C)  includes a symbol that is primarily used to market products to minors;
(D)  includes an image or name of a celebrity; or
(E)  includes an image that resembles a food product, including candy or juice;
(2)  in a product shape or design disguised to appear as an alternative product, including a product in the shape or design of:
(A)  a school or office supply, such as a highlighter, marker, ink pen, or pencil;
(B)  a smart phone, smart watch, smart phone case, or smart watch case;
(C)  headphones, including ear buds;
(D)  clothing;
(E)  a backpack;
(F)  a cosmetic, including lipstick; or
(G)  a toy;
(3)  that is wholly or partially manufactured in or marketed as being manufactured in:
(A)  China; or
(B)  a country designated as a foreign adversary by the United States secretary of commerce under 15 C.F.R. Section 791.4; or
(4)  that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances.
(c)  An offense under this section is a Class A misdemeanor.

Instrument

DEFINITIONS

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2026-11-02

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Sec. 481.002.  DEFINITIONS.  In this chapter:
(1)  "Administer" means to directly apply a controlled substance by injection, inhalation, ingestion, or other means to the body of a patient or research subject by:
(A)  a practitioner or an agent of the practitioner in the presence of the practitioner;  or
(B)  the patient or research subject at the direction and in the presence of a practitioner.
(2)  “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.  The term does not include a common or contract carrier, public warehouseman, or employee of a carrier or warehouseman acting in the usual and lawful course of employment.
(3)  "Commissioner" means the commissioner of state health services or the commissioner's designee.
(4)  “Controlled premises” means:
(A)  a place where original or other records or documents required under this chapter are kept or are required to be kept; or
(B)  a place, including a factory, warehouse, other establishment, or conveyance, where a person registered under this chapter may lawfully hold, manufacture, distribute, dispense, administer, possess, or otherwise dispose of a controlled substance or other item governed by the federal Controlled Substances Act (21 U.S.C. Section 801 et seq.) or this chapter, including a chemical precursor and a chemical laboratory apparatus.
(5)  “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4.  The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.  The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
(6)  "Controlled substance analogue" means:
(A)  a substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, or 2-A; or
(B)  a substance specifically designed to produce an effect substantially similar to, or greater than, the effect of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, or 2-A.
(7)  “Counterfeit substance” means a controlled substance that, without authorization, bears or is in a container or has a label that bears an actual or simulated trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
(8)  "Deliver" means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship.  The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.
(9)  “Delivery” or “drug transaction” means the act of delivering.
(10)  “Designated agent” means an individual designated under Section 481.074(b-2) to communicate a practitioner’s instructions to a pharmacist in an emergency.
(11)  “Director” means the director of the Department of Public Safety or an employee of the department designated by the director.
(12)  “Dispense” means the delivery of a controlled substance in the course of professional practice or research, by a practitioner or person acting under the lawful order of a practitioner, to an ultimate user or research subject.  The term includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery.
(13)  “Dispenser” means a practitioner, institutional practitioner, pharmacist, or pharmacy that dispenses a controlled substance.
(14)  "Distribute" means to deliver a controlled substance other than by administering or dispensing the substance.
(15)  “Distributor” means a person who distributes.
(16)  "Drug" means a substance, other than a device or a component, part, or accessory of a device, that is:
(A)  recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the formulary;
(B)  intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
(C)  intended to affect the structure or function of the body of man or animals but is not food;  or
(D)  intended for use as a component of a substance described by Paragraph (A), (B), or (C).
(17)  "Drug paraphernalia" means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.  The term includes:
(A)  a kit used or intended for use in planting, propagating, cultivating, growing, or harvesting a species of plant that is a controlled substance or from which a controlled substance may be derived;
(B)  a material, compound, mixture, preparation, or kit used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
(C)  an isomerization device used or intended for use in increasing the potency of a species of plant that is a controlled substance;
(D)  testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance;
(E)  a scale or balance used or intended for use in weighing or measuring a controlled substance;
(F)  a dilutant or adulterant, such as quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, lactose, or absorbent, blotter-type material, that is used or intended to be used to increase the amount or weight of or to transfer a controlled substance regardless of whether the dilutant or adulterant diminishes the efficacy of the controlled substance;
(G)  a separation gin or sifter used or intended for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;
(H)  a blender, bowl, container, spoon, or mixing device used or intended for use in compounding a controlled substance;
(I)  a capsule, balloon, envelope, or other container used or intended for use in packaging small quantities of a controlled substance;
(J)  a container or other object used or intended for use in storing or concealing a controlled substance;
(K)  a hypodermic syringe, needle, or other object used or intended for use in parenterally injecting a controlled substance into the human body;  and
(L)  an object used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, including:
(i)  a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(ii)  a water pipe;
(iii)  a carburetion tube or device;
(iv)  a smoking or carburetion mask;
(v)  a chamber pipe;
(vi)  a carburetor pipe;
(vii)  an electric pipe;
(viii)  an air-driven pipe;
(ix)  a chillum;
(x)  a bong;  or
(xi)  an ice pipe or chiller.
(18)  “Federal Controlled Substances Act” means the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) or its successor statute.
(19)  “Federal Drug Enforcement Administration” means the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
(20)  “Hospital” means:
(A)  a general or special hospital as defined by Section 241.003;
(B)  an ambulatory surgical center licensed under Chapter 243 and approved by the federal government to perform surgery paid by Medicaid on patients admitted for a period of not more than 24 hours; or
(C)  a freestanding emergency medical care facility licensed under Chapter 254.
(21)  “Human consumption” means the injection, inhalation, ingestion, or application of a substance to or into a human body.
(22)  “Immediate precursor” means a substance the director finds to be and by rule designates as being:
(A)  a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance;
(B)  a substance that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance;  and
(C)  a substance the control of which is necessary to prevent, curtail, or limit the manufacture of a controlled substance.
(23)  “Institutional practitioner” means an intern, resident physician, fellow, or person in an equivalent professional position who:
(A)  is not licensed by the appropriate state professional licensing board;
(B)  is enrolled in a bona fide professional training program in a base hospital or institutional training facility registered by the Federal Drug Enforcement Administration;  and
(C)  is authorized by the base hospital or institutional training facility to administer, dispense, or prescribe controlled substances.
(24)  "Lawful possession" means the possession of a controlled substance that has been obtained in accordance with state or federal law.
(25)  “Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container.  However, the term does not include the preparation, compounding, packaging, or labeling of a controlled substance:
(A)  by a practitioner as an incident to the practitioner’s administering or dispensing a controlled substance in the course of professional practice;  or
(B)  by a practitioner, or by an authorized agent under the supervision of the practitioner, for or as an incident to research, teaching, or chemical analysis and not for delivery.
(26)  "Marihuana" means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.  The term does not include:
(A)  the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
(B)  the mature stalks of the plant or fiber produced from the stalks;
(C)  oil or cake made from the seeds of the plant;
(D)  a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
(E)  the sterilized seeds of the plant that are incapable of beginning germination; or
(F)  hemp, as that term is defined by Section 121.001, Agriculture Code.
(27)  “Medical purpose” means the use of a controlled substance for relieving or curing a mental or physical disease or infirmity.
(28)  "Medication order" means an order from a practitioner to dispense a drug to a patient in a hospital for immediate administration while the patient is in the hospital or for emergency use on the patient's release from the hospital.
(29)  "Narcotic drug" means any of the following, produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(A)  opium and opiates, and a salt, compound, derivative, or preparation of opium or opiates;
(B)  a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical to a substance listed in Paragraph (A) other than the isoquinoline alkaloids of opium;
(C)  opium poppy and poppy straw;  or
(D)  cocaine, including:
(i)  its salts, its optical, position, or geometric isomers, and the salts of those isomers;
(ii)  coca leaves and a salt, compound, derivative, or preparation of coca leaves;  and
(iii)  a salt, compound, derivative, or preparation of a salt, compound, or derivative that is chemically equivalent or identical to a substance described by Subparagraph (i) or (ii), other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine.
(30)  “Opiate” means a substance that has an addiction-forming or addiction-sustaining liability similar to morphine or is capable of conversion into a drug having addiction-forming or addiction-sustaining liability.  The term includes its racemic and levorotatory forms.  The term does not include, unless specifically designated as controlled under Subchapter B,  the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
(31)  “Opium poppy” means the plant of the species Papaver somniferum L., other than its seeds.
(32)  "Patient" means a human for whom or an animal for which a drug:
(A)  is administered, dispensed, delivered, or prescribed by a practitioner; or
(B)  is intended to be administered, dispensed, delivered, or prescribed by a practitioner.
(33)  "Person" means an individual, corporation, government, business trust, estate, trust, partnership, association, or any other legal entity.
(34)  “Pharmacist” means a person licensed by the Texas State Board of Pharmacy to practice pharmacy and who acts as an agent for a pharmacy.
(35)  “Pharmacist-in-charge” means the pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for the pharmacy’s compliance with this chapter and other laws relating to pharmacy.
(36)  “Pharmacy” means a facility licensed by the Texas State Board of Pharmacy where a prescription for a controlled substance is received or processed in accordance with state or federal law.
(37)  “Poppy straw” means all parts, other than the seeds, of the opium poppy, after mowing.
(38)  "Possession" means actual care, custody, control, or management.
(39)  “Practitioner” means:
(A)  a physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, analyze, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state;
(B)  a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state;
(C)  a person practicing in and licensed by another state as a physician, dentist, veterinarian, or podiatrist, having a current Federal Drug Enforcement Administration registration number, who may legally prescribe Schedule II, III, IV, or V controlled substances in that state; or
(D)  an advanced practice registered nurse or physician assistant to whom a physician has delegated the authority to prescribe or order a drug or device under Section 157.0511, 157.0512, or 157.054, Occupations Code.
(40)  "Prescribe" means the act of a practitioner to authorize a controlled substance to be dispensed to an ultimate user.
(41)  "Prescription" means an order by a practitioner to a pharmacist for a controlled substance for a particular patient that specifies:
(A)  the date of issue;
(B)  the name and address of the patient or, if the controlled substance is prescribed for an animal, the species of the animal and the name and address of its owner;
(C)  the name and quantity of the controlled substance prescribed with the quantity shown numerically followed by the number written as a word if the order is written or, if the order is communicated orally or telephonically, with the quantity given by the practitioner and transcribed by the pharmacist numerically;
(D)  directions for the use of the drug;
(E)  the intended use of the drug unless the practitioner determines the furnishing of this information is not in the best interest of the patient;  and
(F)  the legibly printed or stamped name, address, Federal Drug Enforcement Administration registration number, and telephone number of the practitioner at the practitioner’s usual place of business.
(42)  "Principal place of business" means a location where a person manufactures, distributes, dispenses, analyzes, or possesses a controlled substance.  The term does not include a location where a practitioner dispenses a controlled substance on an outpatient basis unless the controlled substance is stored at that location.
(43)  “Production” includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
(44)  "Raw material" means a compound, material, substance, or equipment used or intended for use, alone or in any combination, in manufacturing a controlled substance.
(45)  “Registrant” means a person who has a current Federal Drug Enforcement Administration registration number.
(46)  "Substitution" means the dispensing of a drug or a brand of drug other than that which is ordered or prescribed.
(47)  "Official prescription form" means a prescription form that is used for a Schedule II controlled substance under Section 481.0755 and contains the prescription information required by Section 481.0755(e).
(48)  "Ultimate user" means a person who has lawfully obtained and possesses a controlled substance for the person’s own use, for the use of a member of the person’s household, or for administering to an animal owned by the person or by a member of the person’s household.
(49)  "Adulterant or dilutant" means any material that increases the bulk or quantity of a controlled substance, regardless of its effect on the chemical activity of the controlled substance.
(50)  "Abuse unit" means:
(A)  except as provided by Paragraph (B):
(i)  a single unit on or in any adulterant, dilutant, or similar carrier medium, including marked or perforated blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or other medium that contains any amount of a controlled substance listed in Penalty Group 1-A, if the unit is commonly used in abuse of that substance; or
(ii)  each 10 milligrams of paper, calculated by rounding the weight down to the nearest whole number, if the adulterant, dilutant, or carrier medium is paper not marked or perforated into individual abuse units; or
(B)  if the controlled substance is in liquid or solid form, 40 micrograms of the controlled substance including any adulterant or dilutant.
(51)  "Chemical precursor" means:
(A)  Methylamine;
(B)  Ethylamine;
(C)  D-lysergic acid;
(D)  Ergotamine tartrate;
(E)  Diethyl malonate;
(F)  Malonic acid;
(G)  Ethyl malonate;
(H)  Barbituric acid;
(I)  Piperidine;
(J)  N-acetylanthranilic acid;
(K)  Pyrrolidine;
(L)  Phenylacetic acid;
(M)  Anthranilic acid;
(N)  Ephedrine;
(O)  Pseudoephedrine;
(P)  Norpseudoephedrine;  or
(Q)  Phenylpropanolamine.
(52)  "Department" means the Department of Public Safety.
(53)  "Chemical laboratory apparatus" means any item of equipment designed, made, or adapted to manufacture a controlled substance or a controlled substance analogue, including:
(A)  a condenser;
(B)  a distilling apparatus;
(C)  a vacuum drier;
(D)  a three-neck or distilling flask;
(E)  a tableting machine;
(F)  an encapsulating machine;
(G)  a filter, Buchner, or separatory funnel;
(H)  an Erlenmeyer, two-neck, or single-neck flask;
(I)  a round-bottom, Florence, thermometer, or filtering flask;
(J)  a Soxhlet extractor;
(K)  a transformer;
(L)  a flask heater;
(M)  a heating mantel;  or
(N)  an adaptor tube.
(54)  “Health information exchange” means an organization that:
(A)  assists in the transmission or receipt of health-related information among organizations transmitting or receiving the information according to nationally recognized standards and under an express written agreement;
(B)  as a primary business function, compiles or organizes health-related information that is designed to be securely transmitted by the organization among physicians, health care providers, or entities within a region, state, community, or hospital system; or
(C)  assists in the transmission or receipt of electronic health-related information among physicians, health care providers, or entities within:
(i)  a hospital system;
(ii)  a physician organization;
(iii)  a health care collaborative, as defined by Section 848.001, Insurance Code;
(iv)  an accountable care organization participating in the Pioneer Model under the initiative by the Innovation Center of the Centers for Medicare and Medicaid Services; or
(v)  an accountable care organization participating in the Medicare shared savings program under 42 U.S.C. Section 1395jjj.
Text of subdivision as added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1227, eff. April 2, 2015
(55)  “Executive commissioner” means the executive commissioner of the Health and Human Services Commission.
Text of subdivision as added by Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 2
(55)  “Board” means the Texas State Board of Pharmacy.

Instrument

ESTABLISHMENT AND MODIFICATION OF SCHEDULES BY COMMISSIONER

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Sec. 481.034.  ESTABLISHMENT AND MODIFICATION OF SCHEDULES BY COMMISSIONER.  (a)  The commissioner shall annually establish the schedules of controlled substances.  These annual schedules shall include the complete list of all controlled substances from the previous schedules and modifications in the federal schedules of controlled substances as required by Subsection (g).  Any further additions to and deletions from these schedules, any rescheduling of substances and any other modifications made by the commissioner to these schedules of controlled substances shall be made:
(1)  in accordance with Section 481.035;
(2)  in a manner consistent with this subchapter; and
(3)  with approval of the executive commissioner.
(b)  Except for alterations in schedules required by Subsection (g), the commissioner may not make an alteration in a schedule unless the commissioner holds a public hearing on the matter in Austin and obtains approval from the executive commissioner.
(c)  The commissioner may not:
(1)  add a substance to the schedules if the substance has been deleted from the schedules by the legislature;
(2)  delete a substance from the schedules if the substance has been added to the schedules by the legislature;  or
(3)  reschedule a substance if the substance has been placed in a schedule by the legislature.
(d)  In making a determination regarding a substance, the commissioner shall consider:
(1)  the actual or relative potential for its abuse;
(2)  the scientific evidence of its pharmacological effect, if known;
(3)  the state of current scientific knowledge regarding the substance;
(4)  the history and current pattern of its abuse;
(5)  the scope, duration, and significance of its abuse;
(6)  the risk to the public health;
(7)  the potential of the substance to produce psychological or physiological dependence liability;  and
(8)  whether the substance is a controlled substance analogue, chemical precursor, or an immediate precursor of a substance controlled under this chapter.
(e)  After considering the factors listed in Subsection (d), the commissioner shall make findings with respect to those factors.  If the commissioner finds the substance has a potential for abuse, the executive commissioner shall adopt a rule controlling the substance.
(f)  Repealed by Acts 2003, 78th Leg., ch. 1099, Sec. 17.
(g)  Except as otherwise provided by this subsection, if a substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice of that fact is given to the commissioner, the commissioner similarly shall control the substance under this chapter.  After the expiration of a 30-day period beginning on the day after the date of publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, the commissioner similarly shall designate, reschedule, or delete the substance, unless the commissioner objects during the period.  If the commissioner objects, the commissioner shall publish the reasons for the objection and give all interested parties an opportunity to be heard.  At the conclusion of the hearing, the commissioner shall publish a decision, which is final unless altered by statute.  On publication of an objection by the commissioner, control as to that particular substance under this chapter is stayed until the commissioner publishes the commissioner's decision.
(h)  Not later than the 10th day after the date on which the commissioner designates, deletes, or reschedules a substance under Subsection (a), the commissioner shall give written notice of that action to the director and to each state licensing agency having jurisdiction over practitioners.

Instrument

PENALTY GROUP 1

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Sec. 481.102.  PENALTY GROUP 1.  Penalty Group 1 consists of:
(1)  the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
Allylprodine;
Alphacetylmethadol;
Benzethidine;
Betaprodine;
Clonitazene;
Diampromide;
Diethylthiambutene;
Difenoxin not listed in Penalty Group 3 or 4;
Dimenoxadol;
Dimethylthiambutene;
Dioxaphetyl butyrate;
Dipipanone;
Ethylmethylthiambutene;
Etonitazene;
Etoxeridine;
Furethidine;
Hydroxypethidine;
Ketobemidone;
Levophenacylmorphan;
Meprodine;
Methadol;
Moramide;
Morpheridine;
Noracymethadol;
Norlevorphanol;
Normethadone;
Norpipanone;
Phenadoxone;
Phenampromide;
Phenomorphan;
Phenoperidine;
Piritramide;
Proheptazine;
Properidine;
Propiram;
Tilidine; and
Trimeperidine;
(2)  the following opium derivatives, 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:
Acetorphine;
Acetyldihydrocodeine;
Benzylmorphine;
Codeine methylbromide;
Codeine-N-Oxide;
Cyprenorphine;
Desomorphine;
Dihydromorphine;
Drotebanol;
Etorphine, except hydrochloride salt;
Heroin;
Hydromorphinol;
Methyldesorphine;
Methyldihydromorphine;
Monoacetylmorphine;
Morphine methylbromide;
Morphine methylsulfonate;
Morphine-N-Oxide;
Myrophine;
Nicocodeine;
Nicomorphine;
Normorphine;
Pholcodine; and
Thebacon;
(3)  the following substances, however produced, except those narcotic drugs listed in another group:
(A)  Opium and opiate not listed in Penalty Group 3 or 4, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine derived butorphanol, nalmefene and its salts, naloxone and its salts, and naltrexone and its salts, but including:
Codeine not listed in Penalty Group 3 or 4;
Dihydroetorphine;
Ethylmorphine not listed in Penalty Group 3 or 4;
Granulated opium;
Hydrocodone not listed in Penalty Group 3;
Hydromorphone;
Metopon;
Morphine not listed in Penalty Group 3;
Opium extracts;
Opium fluid extracts;
Oripavine;
Oxycodone;
Oxymorphone;
Powdered opium;
Raw opium;
Thebaine; and
Tincture of opium;
(B)  a salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (A), other than the isoquinoline alkaloids of opium;
(C)  Opium poppy and poppy straw;
(D)  Cocaine, including:
(i)  its salts, its optical, position, and geometric isomers, and the salts of those isomers;
(ii)  coca leaves and a salt, compound, derivative, or preparation of coca leaves; and
(iii)  a salt, compound, derivative, or preparation of a salt, compound, or derivative that is chemically equivalent or identical to a substance described by Subparagraph (i) or (ii), other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and
(E)  concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrine alkaloids of the opium poppy;
(4)  the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
Alphaprodine;
Anileridine;
Bezitramide;
Dihydrocodeine not listed in Penalty Group 3 or 4;
Diphenoxylate not listed in Penalty Group 3 or 4;
Isomethadone;
Levomethorphan;
Levorphanol;
Metazocine;
Methadone;
Methadone-Intermediate, 4-cyano-2-dimethylamino- 4, 4-diphenyl butane;
Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
PEPAP (1-(2-phenethyl)-4-phenyl-4- acetoxypiperidine);
Pethidine (Meperidine);
Pethidine-Intermediate-A, 4-cyano-1-methyl-4- phenylpiperidine;
Pethidine-Intermediate-B, ethyl-4- phenylpiperidine-4 carboxylate;
Pethidine-Intermediate-C, 1-methyl-4- phenylpiperidine-4-carboxylic acid;
Phenazocine;
Piminodine;
Racemethorphan; and
Racemorphan;
(5)  Flunitrazepam (trade or other name: Rohypnol);
(6)  Methamphetamine, including its salts, optical isomers, and salts of optical isomers;
(7)  Phenylacetone and methylamine, if possessed together with intent to manufacture methamphetamine;
(8)  Phencyclidine, including its salts;
(9)  Gamma hydroxybutyric acid (some trade or other names: gamma hydroxybutyrate, GHB), including its salts;
(10)  Ketamine;
(11)  Phenazepam;
(12)  U-47700;
(13)  AH-7921;
(14)  ADB-FUBINACA;
(15)  AMB-FUBINACA; and
(16)  MDMB-CHMICA.

Instrument

PENALTY GROUP 1-A

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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fd599d4d6cd0036d

Sec. 481.1021.  PENALTY GROUP 1-A.  (a)  Penalty Group 1-A consists of:
(1)  lysergic acid diethylamide (LSD), including its salts, isomers, and salts of isomers; and
(2)  compounds structurally derived from 2,5-dimethoxyphenethylamine by substitution at the 1-amino nitrogen atom with a benzyl substituent, including:
(A)  compounds further modified by:
(i)  substitution in the phenethylamine ring at the 4-position to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents); or
(ii)  substitution in the benzyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents); and
(B)  by example, compounds such as:
4-Bromo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25B-NBOMe, 2C-B-NBOMe);
4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25C-NBOMe, 2C-C-NBOMe);
2,5-Dimethoxy-4-methyl-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25D-NBOMe, 2C-D-NBOMe);
4-Ethyl-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25E-NBOMe, 2C-E-NBOMe);
2,5-Dimethoxy-N-(2- methoxybenzyl)phenethylamine (some trade and other names: 25H-NBOMe, 2C-H-NBOMe);
4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (some trade and other names: 25I-NBOMe, 2C-I-NBOMe);
4-Iodo-2,5-dimethoxy-N- benzylphenethylamine (trade or other name: 25I-NB);
4-Iodo-2,5-dimethoxy-N-(2,3- methylenedioxybenzyl)phenethylamine (trade or other name: 25I-NBMD);
4-Iodo-2,5-dimethoxy-N-(2- fluorobenzyl)phenethylamine (trade or other name: 25I-NBF);
4-Iodo-2,5-dimethoxy-N-(2-hydroxybenzyl)phenethylamine (trade or other name: 25I-NBOH);
2,5-Dimethoxy-4-nitro-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25N-NBOMe, 2C-N-NBOMe); and
2,5-Dimethoxy-4-(n)-propyl-N-(2- methoxybenzyl)phenethylamine (some trade and other names: 25P-NBOMe, 2C-P-NBOMe).
(b)  To the extent Subsection (a)(2) conflicts with another provision of this subtitle or another law, the other provision or the other law prevails.

Instrument

PENALTY GROUP 1-B

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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f510172e06f38d3d

Sec. 481.1022.  PENALTY GROUP 1-B.  Penalty Group 1-B consists of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- phenethyl)-4-piperidinyl]-N-phenylacetamide);
Alfentanil;
Alpha-methylthiofentanyl (N-[1-methyl-2-(2- thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- phenethyl)-4-piperidinyl] -N-phenylpropanamide);
Beta-hydroxy-3-methylfentanyl;
Carfentanil;
Fentanyl, alpha-methylfentanyl, and any other derivative of fentanyl;
3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- 4-piperidyl]-N-phenylpropanamide);
3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);
Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- phenylethyl)-4-piperidinylpropanamide);
Remifentanil;
Sufentanil; and
Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide).

Instrument

PENALTY GROUP 2-A

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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fc3a1712749f41c5

Sec. 481.1031.  PENALTY GROUP 2-A.  (a)  In this section:
(1)  “Core component” is one of the following:  azaindole, benzimidazole, benzothiazole, carbazole, imidazole, indane, indazole, indene, indole, pyrazole, pyrazolopyridine, pyridine, or pyrrole.
(2)  "Group A component" is one of the following:  adamantane, benzene, cycloalkylmethyl, isoquinoline, methylpiperazine, naphthalene, phenyl, quinoline, tetrahydronaphthalene, tetramethylcyclopropane, amino oxobutane, amino dimethyl oxobutane, amino phenyl oxopropane, methyl methoxy oxobutane, methoxy dimethyl oxobutane, methoxy phenyl oxopropane, or an amino acid.
(3)  "Link component" is one of the following functional groups:  carboxamide, carboxylate, hydrazide, methanone (ketone), ethanone, methanediyl (methylene bridge), or methine.
(b)  Penalty Group 2-A consists of any material, compound, mixture, or preparation that contains any quantity of a natural or synthetic chemical substance, including its salts, isomers, and salts of isomers, listed by name in this subsection or contained within one of the structural classes defined in this subsection:
(1)  WIN-55,212-2;
(2)  Cyclohexylphenol:  any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not substituted in the cyclohexyl ring to any extent, including:
JWH-337;
JWH-344;
CP-55,940;
CP-47,497; and
analogues of CP-47,497;
(3)  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; and
HU-211;
(4)  Tetramethylcyclopropyl thiazole:  any compound structurally derived from 2,2,3,3-tetramethyl-N-(thiazol- 2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen atom of the thiazole ring, whether or not further substituted in the thiazole ring to any extent, whether or not substituted in the tetramethylcyclopropyl ring to any extent, including:
A-836,339;
(5)  any compound containing a core component substituted at the 1-position to any extent, and substituted at the 3-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including:
Naphthoylindane;
Naphthoylindazole (THJ-018);
Naphthyl methyl indene (JWH-171);
Naphthoylindole (JWH-018);
Quinolinoyl pyrazole carboxylate (Quinolinyl fluoropentyl fluorophenyl pyrazole carboxylate);
Naphthoyl pyrazolopyridine; and
Naphthoylpyrrole (JWH-030);
(6)  any compound containing a core component substituted at the 1-position to any extent, and substituted at the 2-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including:
Naphthoylbenzimidazole (JWH-018 Benzimidazole); and
Naphthoylimidazole;
(7)  any compound containing a core component substituted at the 3-position to any extent, and substituted at the 2-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including:
Naphthoyl benzothiazole; and
(8)  any compound containing a core component substituted at the 9-position to any extent, and substituted at the 3-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including:
Naphthoylcarbazole (EG-018).

Instrument

PENALTY GROUP 3

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-11-02

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e3e5f298b4b8d853

Sec. 481.104.  PENALTY GROUP 3.  (a)  Penalty Group 3 consists of:
(1)  a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
Methylphenidate and its salts; and
Phenmetrazine and its salts;
(2)  a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid not otherwise described by this subsection;
a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any salt of any of these, and one or more active medicinal ingredients that are not listed in any penalty group;
a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs, and approved by the United States Food and Drug Administration for marketing only as a suppository;
Alprazolam;
Amobarbital;
Bromazepam;
Camazepam;
Carisoprodol;
Chlordiazepoxide;
Chlorhexadol;
Clobazam;
Clonazepam;
Clorazepate;
Clotiazepam;
Cloxazolam;
Delorazepam;
Diazepam;
Estazolam;
Ethyl loflazepate;
Etizolam;
Fludiazepam;
Flurazepam;
Glutethimide;
Halazepam;
Haloxzolam;
Ketazolam;
Loprazolam;
Lorazepam;
Lormetazepam;
Lysergic acid, including its salts, isomers, and salts of isomers;
Lysergic acid amide, including its salts, isomers, and salts of isomers;
Mebutamate;
Medazepam;
Methyprylon;
Midazolam;
Nimetazepam;
Nitrazepam;
Nordiazepam;
Oxazepam;
Oxazolam;
Pentazocine, its salts, derivatives, or compounds or mixtures thereof;
Pentobarbital;
Pinazepam;
Prazepam;
Quazepam;
Secobarbital;
Sulfondiethylmethane;
Sulfonethylmethane;
Sulfonmethane;
Temazepam;
Tetrazepam;
Tiletamine and zolazepam in combination, and its salts.  (some trade or other names for a tiletamine-zolazepam combination product: Telazol, for tiletamine: 2-(ethylamino)- 2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2- fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4- e](1,4)-d diazepin-7(1H)-one, flupyrazapon);
Tramadol;
Triazolam;
Zaleplon;
Zolpidem; and
Zopiclone;
(3)  Nalorphine;
(4)  a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs, or any of their salts:
not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
not more than 1.8 grams of codeine, 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 recognized therapeutic amounts;
not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
not more than 300 milligrams of dihydrocodeinone (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 recognized therapeutic amounts;
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 in recognized therapeutic amounts;
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
not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;
(5)  a material, compound, mixture, or preparation that contains any quantity of the following substances:
Barbital;
Chloral betaine;
Chloral hydrate;
Ethchlorvynol;
Ethinamate;
Meprobamate;
Methohexital;
Methylphenobarbital (Mephobarbital);
Paraldehyde;
Petrichloral; and
Phenobarbital;
(6)  Peyote, unless unharvested and growing in its 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;
(7)  unless listed in another penalty group, a 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- 1,2-diphenyl-3-methyl-2-propionoxybutane);
(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;
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;
Methandriol;
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;
Stanozolol;
Stenbolone;
Testolactone;
Testosterone;
Tetrahydrogestrinone; and
Trenbolone; and
(10)  Salvia divinorum, unless unharvested and growing in its natural state, meaning all parts of that plant, whether growing or not, the seeds of that plant, an extract from a part of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or extracts, including Salvinorin A.
(b)  Penalty Group 3 does not include a compound, mixture, or preparation containing a stimulant substance listed in Subsection (a)(1) if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances that have a stimulant effect on the central nervous system.
(c)  Penalty Group 3 does not include a compound, mixture, or preparation containing a depressant substance listed in Subsection (a)(2) or (a)(5) if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances that have a depressant effect on the central nervous system.

Instrument

PENALTY GROUP 4

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-11-02

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160af29c904e6504

Sec. 481.105.  PENALTY GROUP 4.  Penalty Group 4 consists of:
(1)  a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that includes one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams;  and
not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;
(2)  unless specifically excepted or unless listed in another penalty group, a material, compound, mixture, or preparation containing any quantity of the narcotic drug Buprenorphine or Butorphanol or a salt of either;  and
(3)  unless specifically exempted or excluded or unless listed in another penalty group, any material, compound, mixture, or preparation that contains any quantity of pyrovalerone, a substance having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.

Instrument

CLASSIFICATION OF CONTROLLED SUBSTANCE ANALOGUE

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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6c08216b43364704

Sec. 481.106.  CLASSIFICATION OF CONTROLLED SUBSTANCE ANALOGUE.  For the purposes of the prosecution of an offense under this subchapter involving the manufacture, delivery, or possession of a controlled substance, Penalty Groups 1, 1-A, 1-B, 2, and 2-A include a controlled substance analogue that:
(1)  has a chemical structure substantially similar to the chemical structure of a controlled substance listed in the applicable penalty group; or
(2)  is specifically designed to produce an effect substantially similar to, or greater than, a controlled substance listed in the applicable penalty group.

Instrument

PREPARATORY OFFENSES

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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460aa7f792d51dba

Sec. 481.108.  PREPARATORY OFFENSES.  Title 4, Penal Code, applies to an offense under this chapter.

Instrument

EXEMPTIONS

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a91c090e6b96ccd4

Sec. 481.111.  EXEMPTIONS.  (a)  The provisions of this chapter relating to the possession and distribution of peyote do not apply to the use of peyote by a member of the Native American Church in bona fide religious ceremonies of the church or to a person who supplies the substance to the church.  An exemption granted to a member of the Native American Church under this section does not apply to a member with less than 25 percent Indian blood.
(b)  The provisions of this chapter relating to the possession of denatured sodium pentobarbital do not apply to possession by personnel of a humane society or an animal control agency for the purpose of destroying injured, sick, homeless, or unwanted animals if the humane society or animal control agency is registered with the Federal Drug Enforcement Administration.  The provisions of this chapter relating to the distribution of denatured sodium pentobarbital do not apply to a person registered as required by Subchapter C,  who is distributing the substance for that purpose to a humane society or an animal control agency registered with the Federal Drug Enforcement Administration.
(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.
(d)  The provisions of this chapter relating to the possession and distribution of anabolic steroids do not apply to the use of anabolic steroids that are administered to livestock or poultry.
(e)  Sections 481.120, 481.121, 481.122, and 481.125 do not apply to a person who engages in the acquisition, possession, production, cultivation, delivery, or disposal of a raw material used in or by-product created by the production or cultivation of low-THC cannabis if the person:
(1)  for an offense involving possession only of marihuana or drug paraphernalia, is a patient for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code, or the patient's legal guardian, and the person possesses low-THC cannabis obtained under a valid prescription from a dispensing organization; or
(2)  is a director, manager, or employee of a dispensing organization and the person, solely in performing the person’s regular duties at the organization, acquires, possesses, produces, cultivates, dispenses, or disposes of:
(A)  in reasonable quantities, any low-THC cannabis or raw materials used in or by-products created by the production or cultivation of low-THC cannabis; or
(B)  any drug paraphernalia used in the acquisition, possession, production, cultivation, delivery, or disposal of low-THC cannabis.
(f)  For purposes of Subsection (e):
(1)  "Dispensing organization" has the meaning assigned by Section 487.001.
(2)  "Low-THC cannabis" has the meaning assigned by Section 169.001, Occupations Code.

Instrument

OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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8b634832e34307a2

Sec. 481.112.  OFFENSE:  MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1.  (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 1.
(b)  An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d)  An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.
(e)  An offense under Subsection (a) is a felony of the first degree 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 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(f)  An offense under Subsection (a) is a felony of the first degree 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 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

Instrument

OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-A

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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9e2d00acfe05746f

Sec. 481.1121.  OFFENSE:  MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-A.  (a)  Except as provided 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 1-A.
(b)  An offense under this section is:
(1)  a state jail felony if the number of abuse units of the controlled substance is fewer than 20;
(2)  a felony of the second degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80;
(3)  a felony of the first degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000; and
(4)  a felony of the first degree 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 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 4,000 or more.

Instrument

MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1: PRESENCE OF CHILD

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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ea598a03297bfdf1

Sec. 481.1122.  MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1:  PRESENCE OF CHILD.  If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed:
(1)  the punishments specified by Sections 481.112(b) and (c) are increased by one degree;
(2)  the minimum term of imprisonment specified by Section 481.112(e) is increased to 15 years and the maximum fine specified by that section is increased to $150,000; and
(3)  the minimum term of imprisonment specified by Section 481.112(f) is increased to 20 years and the maximum fine specified by that section is increased to $300,000.

Instrument

OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-B

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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Sec. 481.1123.  OFFENSE:  MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-B.  (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 1-B.
(b)  An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d)  An offense under Subsection (a) is a felony of the first degree 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 10 years, and a fine not to exceed $20,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.
(e)  An offense under Subsection (a) is a felony of the first degree 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 15 years, and a fine not to exceed $200,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(f)  An offense under Subsection (a) is a felony of the first degree 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 20 years, and a fine not to exceed $500,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

Instrument

OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2 OR 2-A

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

Retrieved

2026-11-02

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Sec. 481.113.  OFFENSE:  MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2 OR 2-A.  (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.
(b)  An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d)  An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.
(e)  An offense under Subsection (a) is a felony of the first degree 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 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

Instrument

CAUSE OF ACTION FOR SALE OR PROVISION OF SYNTHETIC CANNABINOID

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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Sec. 481.1131.  CAUSE OF ACTION FOR SALE OR PROVISION OF SYNTHETIC CANNABINOID.  (a)  In this section, "synthetic cannabinoid" means a substance included in Penalty Group 2-A under Section 481.1031.
(b)  This section does not affect the right of a person to bring a common law cause of action against an individual whose consumption or ingestion of a synthetic cannabinoid resulted in causing the person bringing the suit to suffer personal injury or property damage.
(c)  Providing, selling, or serving a synthetic cannabinoid may be made the basis of a statutory cause of action under this section on proof that the intoxication of the recipient of the synthetic cannabinoid was a proximate cause of the damages suffered.
(d)  The liability provided under this section for the actions of a retail establishment’s employees, customers, members, or guests who are or become intoxicated by the consumption or ingestion of a synthetic cannabinoid is in lieu of common law or other statutory law warranties and duties of retail establishments.
(e)  This chapter does not impose obligations on a retail establishment other than those expressly stated in this section.

Instrument

OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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Sec. 481.114.  OFFENSE:  MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4.  (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 3 or 4.
(b)  An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than 28 grams.
(c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.
(d)  An offense under Subsection (a) is a felony of the first degree, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(e)  An offense under Subsection (a) is a felony of the first degree 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 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including any adulterants or dilutants, 400 grams or more.

Instrument

OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1 OR 1-B

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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Sec. 481.115.  OFFENSE:  POSSESSION OF SUBSTANCE IN PENALTY GROUP 1 OR 1-B.  (a)  Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1 or 1-B, 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 Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c)  An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.
(e)  An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(f)  An offense under Subsection (a) is a felony of the first degree 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 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
(g)  It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:
(1)  was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A)  made the request for medical assistance during an ongoing medical emergency;
(B)  remained on the scene until the medical assistance arrived; and
(C)  cooperated with medical assistance and law enforcement personnel; or
(2)  was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(h)  The defense to prosecution provided by Subsection (g) is not available if:
(1)  at the time the request for emergency medical assistance was made:
(A)  a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B)  the actor is committing another offense, other than an offense punishable under Section 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2)  the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3)  the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4)  at any time during  the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the  possible overdose of the actor or another person.
(i)  The defense to prosecution provided by Subsection (g) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (g) is not available.

Instrument

OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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Sec. 481.1151.  OFFENSE:  POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A.  (a)  Except as provided by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 1-A.
(b)  An offense under this section is:
(1)  a state jail felony if the number of abuse units of the controlled substance is fewer than 20;
(2)  a felony of the third degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80;
(3)  a felony of the second degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000;
(4)  a felony of the first degree if the number of abuse units of the controlled substance is 4,000 or more but fewer than 8,000; and
(5)  a felony of the first degree 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 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 8,000 or more.
(c)  It is a defense to prosecution for an offense punishable under Subsection (b)(1) that the actor:
(1)  was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A)  made the request for medical assistance during an ongoing medical emergency;
(B)  remained on the scene until the medical assistance arrived; and
(C)  cooperated with medical assistance and law enforcement personnel; or
(2)  was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(d)  The defense to prosecution provided by Subsection (c) is not available if:
(1)  at the time the request for emergency medical assistance was made:
(A)  a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B)  the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2)  the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3)  the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4)  at any time during  the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the  possible overdose of the actor or another person.
(e)  The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available.

Instrument

OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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Sec. 481.116.  OFFENSE:  POSSESSION OF SUBSTANCE IN PENALTY GROUP 2.  (a)  Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, 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 Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c)  An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.
(e)  An offense under Subsection (a) is a felony of the first degree 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 five 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, 400 grams or more.
(f)  It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:
(1)  was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A)  made the request for medical assistance during an ongoing medical emergency;
(B)  remained on the scene until the medical assistance arrived; and
(C)  cooperated with medical assistance and law enforcement personnel; or
(2)  was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(g)  The defense to prosecution provided by Subsection (f) is not available if:
(1)  at the time the request for emergency medical assistance was made:
(A)  a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B)  the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2)  the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3)  the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4)  at any time during  the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the  possible overdose of the actor or another person.
(h)  The defense to prosecution provided by Subsection (f) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (f) is not available.

Instrument

OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm

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2026-11-02

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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)  a felony of the first degree 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.
(c)  It is a defense to prosecution for an offense punishable under Subsection (b)(1) or (2) that the actor:
(1)  was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A)  made the request for medical assistance during an ongoing medical emergency;
(B)  remained on the scene until the medical assistance arrived; and
(C)  cooperated with medical assistance and law enforcement personnel; or
(2)  was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(d)  The defense to prosecution provided by Subsection (c) is not available if:
(1)  at the time the request for emergency medical assistance was made:
(A)  a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B)  the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2)  the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3)  the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4)  at any time during  the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the  possible overdose of the actor or another person.
(e)  The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available.