SB 172

84(R) - 2015
Senate Criminal Justice
Senate Criminal Justice
Criminal Justice

Vote Recommendation

  • Neutral
  • Neutral
  • Positive
  • Neutral
  • Neutral


Joan Huffman


Brandon Creighton

Bill Caption

Relating to the addition of certain substances of Penalty Groups 1-A and 2 of the Texas Controlled Substances Act for criminal prosecution and other purposes.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 172 would place into the same category under the Texas Controlled Substances act new synthetic designer drugs that are designed to be similar to illegal drugs such as LSD or ecstasy.

Vote Recommendation Notes

Under current law illegal drugs are categorized into certain penalty groups carrying specific legal consequences for the manufacture, possession, sale, and use of those drugs. In order to get around the legal consequences of those drugs, some people have taken to manufacturing new synthetic drugs designed to mimic the effects of illegal drugs. In many cases these new designer drugs are even more dangerous than the drugs they were created to replace. These new drugs are legal because they are so new that they are not specifically prohibited by law.

It can not be stated strongly enough that these new drugs are designed for the express purpose of flaunting existing law by manufacturing a substance that is in essentially the same (or more dangerous) as an already illegal drug and thereby getting around the law on a technicality because existing statute doesn't specifically name the new drugs in the code. This allows people to exploit a loophole and avoid the responsibility associated with the legal jeopardy of the illegal drugs they are replacing. 

This legislation closes that loophole and treats the new designer drugs equally under the law as the drugs they replace, thus making the manufacturers, distributors, and users of both drugs subject to the same treatment under the law and therefore held to the same standards of legal responsibility. We support this legislation. 

Organizations Supporting

Texas Municipal Police Association