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Ely
Ely, Counselor at Law
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I own a "smoke shop" in Texas, I was selling herbal incense,

Resolved Question:

I own a "smoke shop" in Texas, I was selling herbal incense, but pulled it off the shelves because I heard of a lot of raids in the area. I made sure the products were compliant with TX Senate Bill 331, but was informed by a Detective in my area that ALL herbal incense is illegal. Then told by another Detective that some products ARE legal. Who is correct and what brands are legal to sell? Thanks so much--
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

Oh gosh... there is so much confusion around JWH that everyone is confused, even the authorities.

First of all, understand the history. The "golden age" of JWH was from 2006 to about 2010. At this time, cannabinoids were generally legal. Around 2009 and on, states began to implement bans one by one of JWH, because people began to abuse the product and get sick. The problem is that JWH has infinite varieties. Aside from JWH-018, there is JWH-210, JWH-81, etc, etc; and their analogs. The problem is that the states draft very specific laws, and once one compound/analog becomes illicit, the distributors simply move to another one. Add to this that no one is even sure WHICH compound/analog is in the substance and since it is not meant to be smoked, the makers do not have to list the ingredient. So not only are the states not keeping up with the new variations, but it is that no one knows what is inside the package until it is seized... And the 48 states that have laws against JWH all have very different laws. Can you imagine how confusing this is becoming to everyone?

Yes you can, you're in the middle of it.

The federal government also stepped in and issued their own law on it. We only care about (1) the federal law and (2) state law.

Federal
JWH-018 and four similar cannabinoids (JWH-018; JWH-073; JWH-200; CP-47,497; and cannabicyclohexanol) were classified as Schedule I controlled substances by the Drug Enforcement Administration in November 2010, and are still considered such, so having them is illegal. However, while JWH-018 and four similarities are illegal, the wide variety of it is not. Nor has the federal government been very active in enforcing the ban, really.

Texas
Texas has adopted the federal law. So since is illegal to possess, sell, distribute or manufacture Schedule I substances in Texas, it is illegal to possess, sell, distribute or manufacture JWH-018; JWH-073; JWH-200; CP-47,497; and cannabicyclohexanol.

Possession of a synthetic marijuana product with one of the five banned chemicals is a Class B misdemeanor, and a conviction could result in jail time of up to 180 days and a fine of up to $2,000. If convicted of selling one of the forbidden chemicals - a Class A misdemeanor - a person could be sentenced to one year in jail and a fine of up to $4,000.

What's In The Package?
The problem is, since there is an infinite variety of compounds and analogs that mirror JWH, all producers have to do is to change the formula up a bit. At this point, anything that is not those five compounds is technically legal in Texas, although the authorities may get a tip that it is one of these five compounds and move to seize it, disrupting operations, etc; giving it back after testing, which may be months from date of seizure.

Legal experts foresee the end of any variation of the synthetic cannabinoid being legal very soon.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86628
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Sooo, my none of my packages contain the aforesaid compounds and I have never carried any illegal products... So technically I can still sell these and not go to jail?
Expert:  Ely replied 1 year ago.
R,

Technically... yes, although expect:

1) Frequent harassment from law enforcement and possible seizures of the product, and

2) Eventual outlawing of synthetic cannabinoids, all-together.

For reference, here is a list of all Sched. I drugs, including the banned cannabinoids:

WARNING - immediate download
Customer: replied 1 year ago.
My brandnew computer won't let me download that schedule. Could you maybe copy and paste the banned substances. So much for technology, sorry about that.
Expert:  Ely replied 1 year ago.
Some formatting may be lost here:

SCHEDULES OF CONTROLLED SUBSTANCES

PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES ACT, HEALTH AND
SAFETY CODE, CHAPTER 481, THESE SCHEDULES SUPERCEDE PREVIOUS
SCHEDULES AND CONTAIN THE MOST CURRENT VERSION OF THE SCHEDULES OF
ALL CONTROLLED SUBSTANCES FROM THE PREVIOUS SCHEDULES AND
MODIFICATIONS.

This annual publication of the Texas Schedules of Controlled Substances was signed by David L.
Lakey, Commissioner of Health, and will take effect 21 days following publication of this notice
in the Texas Register.

Changes to the schedules are designated by an asterisk (*). Additional information can be
obtained by contacting the Department of State Health Services, Drugs and Medical Devices
Group, 1100 West 49th Street, Austin, Texas 78756. The telephone number is (512) 834-6755
and the website address is http://www.dshs.state.tx.us/dmd.

SCHEDULES

Nomenclature: Controlled substances listed in these schedules are included by whatever official,
common, usual, chemical, or trade name they may be designated.

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:

(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)- 4-piperidinyl]- N-
phenylacetamide);
(2) Allylprodine;
(3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-
acetylmethadol, levomethadyl acetate, or LAAM);
(4) Alpha-methylfentanyl or any other derivative of Fentanyl;
(5)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-
phenyl-propanamide);
(6) Benzethidine;
(7) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenyl-
propanamide);
(8) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3- methyl- 4-
1

piperidinyl]-N- phenylpropanamide);
(9) Betaprodine;
(10) Clonitazene;
(11) Diampromide;
(12) Diethylthiambutene;
(13) Difenoxin;
(14) Dimenoxadol;
(15) Dimethylthiambutene;
(16) Dioxaphetyl butyrate;
(17) Dipipanone;
(18) Ethylmethylthiambutene;
(19) Etonitazene;
(20) Etoxeridine;
(21) Furethidine;
(22) Hydroxypethidine;
(23) Ketobemidone;
(24) Levophenacylmorphan;
(25) Meprodine;
(26) Methadol;
(27) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide), its optical and geometric isomers;
(28) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
(29) Moramide;
(30) Morpheridine;
(31) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(32) Noracymethadol;
(33) Norlevorphanol;
(34) Normethadone;
(35) Norpipanone;
(36) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]-
propanamide);
(37) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(38) Phenadoxone;
(39) Phenampromide;
(40) Phencyclidine;
(41) Phenomorphan;
(42) Phenoperidine;
(43) Piritramide;
(44) Proheptazine;

(45) Properidine;
(46) Propiram;
(47) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);
(48) Tilidine; and
(49) Trimeperidine.

• Schedule I opium derivatives

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:

(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except hydrochloride salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Monoacetylmorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine; and
(24) Thebacon.

• Schedule I hallucinogenic substances

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture,

3

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, position, and geometric isomers):

(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase;
alpha ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; AET);
(2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;
(3) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-
dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA);
(4) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus; 2C-B; 2-
(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB);
(5) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-
alpha-methylphenethylamine; 2,5-DMA);
(6) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);
(7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts
and salts of isomers;
(8) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of
isomers;
(9) 5-methoxy-3,4-methylenedioxy-amphetamine;
(10) 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-
methylphenethylamine; paramethoxyamphetamine; PMA);
(11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP);
(12) 4-methyl-2,5-dimethoxyamphetamine (some trade and other names:
4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine; "DOM"; and "STP");
(13) 3,4-methylenedioxy-amphetamine;
(14) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);
(15) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other names: N-ethyl-
alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA);
(16) 3,4,5-trimethoxy amphetamine;
(17) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);
(18) 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);
(19) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine; DET);
(20) Dimethyltryptamine (some trade and other names: DMT);
(21) Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-
phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)-ethylamine;
cyclohexamine; PCE);

(22) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta,
7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2] azepino [5,4-b] indole;
taber-nanthe iboga);
(23) Lysergic acid diethylamide;
(24) Marihuana;
(25) Mescaline;
(26) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine), its optical
isomers, salts and salts of isomers;
(27) N-ethyl-3-piperidyl benzilate;
(28) N-methyl-3-piperidyl benzilate;
(29)
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);
(30) 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;
(31) Psilocybin;
(32) Psilocin;
(33) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenyl-
cyclohexyl)-pyrrolidine, PCPy, PHP);
(34) Tetrahydrocannabinols;
meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis
plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the
resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers
with similar chemical structure and pharmacological activity to those substances contained in the
plant, such as the following:
1 cis or trans tetrahydrocannabinol, and their optical isomers;
6 cis or trans tetrahydrocannabinol, and their optical isomers; and
3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not internationally standardized, compounds of these
structures, regardless of numerical designation of atomic positions covered.);
(35) Thiophene analog of phencyclidine (some trade or other names: 1-[1-(2-thienyl)
cyclohexyl] piperidine; 2-thienyl analog of phencyclidine; TPCP); and
(36) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (some trade or other names: TCPy).

• Schedule I stimulants

Unless specifically excepted or unless listed in another schedule, 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, isomers, and salts of isomers if the
existence of the salts, isomers, and salts of isomers is possible within the specific chemical

5

designation:

(1) Aminorex (some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-
dihydro- 5-phenyl-2-oxazolamine);
(2) Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone; alpha-
aminopropiophenone; 2-aminopropiophenone and norephedrone);
(3) Fenethylline;
(4) Methcathinone (some other names: 2-(methylamino)-propiophenone; alpha-
(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-
methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL-463; and UR1432);
(5) 4-methylaminorex;
(6) N-ethylamphetamine; and
(7) N,N-dimethylamphetamine (some other names: N,N-alpha-trimethylbenzene-
ethaneamine; N,N-alpha-trimethylphenethylamine).

• Schedule I depressants

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture,
or preparation that contains any quantity of the following substances having a depressant effect
on the central nervous system, including 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:

(1) Gamma-hydroxybutyric acid (some other names include GHB; gamma-
hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium
oxybutyrate);
(2) Mecloqualone; and
(3) Methaqualone.

SCHEDULE II

Schedule II consists of:

• Schedule II substances, vegetable origin or chemical synthesis

The following substances, however produced, except those narcotic drugs listed in other sched-
ules:

(1) Opium and opiate, and a salt, compound, derivative, or preparation of opium or
opiate, other than thebaine-derived butorphanol, naloxone and its salts, naltrexone and its salts,
and nalmefene and its salts, but including:

(1-1) Codeine;
(1-2) Dihydroetorphine;
(1-3) Ethylmorphine;
(1-4) Etorphine hydrochloride;
(1-5) Granulated opium;
(1-6) Hydrocodone;
(1-7) Hydromorphone;
(1-8) Metopon;
(1-9) Morphine;
(1-10) Opium extracts;
(1-11) Opium fluid extracts;
*(1-12) Oripavine
(1-13) Oxycodone;
(1-14) Oxymorphone;
(1-15) Powdered opium;
(1-16) Raw opium;
(1-17) Thebaine; and
(1-18) Tincture of opium.

(2) A salt, compound, isomer, derivative, or preparation of a substance that is chemically
equivalent or identical to a substance described by Paragraph (1) of Schedule II substances,
vegetable origin or chemical synthesis, other than the isoquinoline alkaloids of opium;

(3) Opium poppy and poppy straw;

(4) Cocaine, including:

(4-1) its salts, its optical, position, and geometric isomers, and the salts
of those isomers; and,

(4-2) coca leaves and a salt, compound, derivative, or preparation of coca leaves
that is chemically equivalent or identical to a substance described by this paragraph, other than
decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine;
and

(5) Concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid,

7

or powder form that contains the phenanthrene alkaloids of the opium poppy.

• Opiates

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:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Carfentanil;
(6) Dextropropoxyphene, bulk (nondosage form);
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levo-alphacetylmethadol (some trade or other names: levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM);
(12) Levomethorphan;
(13) Levorphanol;
(14) Metazocine;
(15) Methadone;
(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane;
(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenyl-propane-carboxylic
acid;
(18) Pethidine (meperidine);
(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) Phenazocine;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(26) Remifentanil; and
(27) Sufentanil.

• Schedule II stimulants

Unless listed in another schedule and except as provided by the Texas Controlled Substances

Act, Health and Safety Code, Section 481.033, 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:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) Methamphetamine, including its salts, optical isomers, and salts of optical isomers;
(3) Methylphenidate and its salts; and
(4) Phenmetrazine and its salts.
*(5) Lisdexamfetamine, including its salts, isomers, and salts of its isomers.

• Schedule II depressants

Unless listed in another schedule, a material, compound, mixture or preparation that contains any
quantity of the following substances having a depressant effect on the central nervous system,
including 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:

Amobarbital;
Glutethimide;
Pentobarbital; and
Secobarbital.

• Schedule II hallucinogenic substances

(1) 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).

• Schedule II precursors

Unless specifically excepted or listed in another schedule, a material, compound, mixture, or
preparation that contains any quantity of the following substances:

(1) Immediate precursor to methamphetamine:
(1-1)
Phenylacetone and methylamine if possessed together with intent to
manufacture methamphetamine;
(2) Immediate precursor to amphetamine and methamphetamine:
(2-1) Phenylacetone (some trade or other names: phenyl-2-propanone; P2P;
benzyl methyl ketone; methyl benzyl ketone); and,
(3) Immediate precursors to phencyclidine (PCP):
(3-1) 1-phenylcyclohexylamine; and

9

(3-2) 1-piperidinocyclohexanecarbonitrile (PCC).

SCHEDULE III

Schedule III consists of:

• Schedule III depressants

Unless listed in another schedule and except as provided by the Texas Controlled Substances
Act, Health and Safety Code, Section 481.033, 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:

(1)
a compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any of their salts and one or more active medicinal ingredients that are not listed
in a schedule;
(2) a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or
any of their salts and approved by the Food and Drug Administration for marketing only as a
suppository;
(3) a substance that contains any quantity of a derivative of barbituric acid, or any salt of
a derivative of barbituric acid, except those substances that are specifically listed in other
schedules;
(4) Chlorhexadol;
(5) Any drug product containing gamma hydroxybutyric acid, including its salts, isoners,
and salts of isomers, for which an application is approved under section 505 of the Federal Food
Drug and Cosmetic Act;
(6) Ketamine, its salts, isomers, and salts of isomers. Some other names for ketamine:
(±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(7) Lysergic acid;
(8) Lysergic acid amide;
(9) Methyprylon;
(10) Sulfondiethylmethane;
(11) Sulfonethylmethane;
(12) Sulfonmethane; and
(13) Tiletamine and zolazepam or any salt thereof. Some trade or other names for a
tiletamine-zolazepam combination product: Telazol. Some trade or other names for tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethyl-pyrazolo-[3,4-e][1,4]-diazepin-
7(1H)-one, flupyrazapon.

• Schedule III narcotics

Unless specifically excepted or unless listed in another schedule:

(1) a material, compound, mixture, or preparation containing limited quantities of any of
the following narcotic drugs, or any of their salts:
(1-1) 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;

(1-2) 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;

(1-3) 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;

(1-4) 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;

(1-5) 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;

(1-6) 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, non-
narcotic ingredients in recognized therapeutic amounts;

(1-7) 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; and

(1-8) 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.

11

(2) any material, compound, mixture, or preparation containing any of the following
narcotic drugs or their salts:
(2-1) Buprenorphine.

• Schedule III stimulants

Unless listed in another schedule, 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:

(1)
(2)
(3)
(4)

• Schedule III anabolic steroids and hormones

Benzphetamine;
Chlorphentermine;
Clortermine; and
Phendimetrazine.

Anabolic steroids, including any drug or hormonal substance, chemically and pharmacologically

to

related

dehydroepiandrosterone), and include the following:

testosterone

(other

than

estrogens,

progestins,

corticosteroids,

(1) androstanediol

(1-1) 3 beta,17 beta-dihydroxy-5 alpha-androstane;

(1-2) 3 alpha,17 beta -dihydroxy-5 alpha-androstane;

(2) androstanedione (5 alpha-androstan-3,17-dione);

(3) androstenediol--

(3-1) 1-androstenediol (3 beta,17 beta-dihydroxy-5 alpha-androst-1-ene);

(3-2) 1-androstenediol (3 alpha,17 beta-dihydroxy-5 alpha-androst-1-ene);

(3-3) 4-androstenediol (3 beta,17 beta-dihydroxy-androst-4-ene);

(3-4) 5-androstenediol (3 beta,17 beta-dihydroxy-androst-5-ene);

(4) androstenedione--

(4-1) 1-androstenedione ([5 alpha]-androst-1-en-3,17-dione);

(4-2) 4-androstenedione (androst-4-en-3,17-dione);

(4-3) 5-androstenedione (androst-5-en-3,17-dione);

(5) bolasterone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyandrost-4-en-3-one);

(6) boldenone (17 beta-hydroxyandrost-1,4,-diene-3-one);

(7) calusterone (7 beta,17 alpha-dimethyl-17 beta-hydroxyandrost-4-en-3-one);

(8) clostebol (4-chloro-17 beta-hydroxyandrost-4-en-3-one);

(9) dehydrochloromethyltestosterone (4-chloro-17 beta-hydroxy-17alpha-methyl-androst-1,4-

(10) delta-1-dihydrotestosterone (a.k.a. `1-testosterone') (17 beta-hydroxy-5 alpha-androst-1-en-

(11) 4-dihydrotestosterone (17 beta-hydroxy-androstan-3-one);

(12) drostanolone (17 beta-hydroxy-2 alpha-methyl-5 alpha-androstan-3-one);

(13) ethylestrenol (17 alpha-ethyl-17 beta-hydroxyestr-4-ene);

(14) fluoxymesterone (9-fluoro-17 alpha-methyl-11 beta,17 beta-dihydroxyandrost-4-en-3-one);

(15) formebolone (2-formyl-17 alpha-methyl-11 alpha,17 beta-dihydroxyandrost-1,4-dien-3-

(16) furazabol (17 alpha-methyl-17 beta-hydroxyandrostano[2,3-c]-furazan);

(17) 13 beta-ethyl-17 beta-hydroxygon-4-en-3-one;

(18) 4-hydroxytestosterone (4,17 beta-dihydroxy-androst-4-en-3-one);

(19) 4-hydroxy-19-nortestosterone (4,17 beta-dihydroxy-estr-4-en-3-one);

(20) mestanolone (17 alpha-methyl-17 beta-hydroxy-5 alpha-androstan-3-one);

(21) mesterolone (1 alpha-methyl-17 beta-hydroxy-[5 alpha]-androstan-3-one);

(22) methandienone (17 alpha-methyl-17 beta-hydroxyandrost-1,4-dien-3-one);

(23) methandriol (17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-5-ene);

(24) methenolone (1-methyl-17 beta-hydroxy-5 alpha-androst-1-en-3-one);

(25) 17 alpha-methyl-3 beta, 17 beta-dihydroxy-5 alpha-androstane;

(26) 17alpha-methyl-3 alpha,17 beta-dihydroxy-5 alpha-androstane;

(27) 17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-4-ene;

(28) 17 alpha-methyl-4-hydroxynandrolone (17 alpha-methyl-4-hydroxy-17 beta-hydroxyestr-4-

(29) methyldienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9(10)-dien-3-one);

(30) methyltrienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9-11-trien-3-one);

(31) methyltestosterone (17 alpha-methyl-17 beta-hydroxyandrost-4-en-3-one);

(32) mibolerone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyestr-4-en-3-one);

(33) 17 alpha-methyl-delta-1-dihydrotestosterone (17 beta-hydroxy-17 alpha-methyl-5 alpha-

androst-1-en-3-one) (a.k.a. `17-alpha-methyl-1-testosterone');

(34) nandrolone (17 beta-hydroxyestr-4-en-3-one);

(35) norandrostenediol--

13

(35-1) 19-nor-4-androstenediol (3 beta, 17 beta-dihydroxyestr-4-ene);

(35-2) 19-nor-4-androstenediol (3 alpha, 17 beta-dihydroxyestr-4-ene);

(35-3) 19-nor-5-androstenediol (3 beta, 17 beta-dihydroxyestr-5-ene);

(35-4) 19-nor-5-androstenediol (3 alpha, 17 beta-dihydroxyestr-5-ene);

(36) norandrostenedione—

(36-1) 19-nor-4-androstenedione (estr-4-en-3,17-dione);

(36-2) 19-nor-5-androstenedione (estr-5-en-3,17-dione;

(37) norbolethone (13 beta,17alpha-diethyl-17 beta-hydroxygon-4-en-3-one);

(38) norclostebol (4-chloro-17 beta-hydroxyestr-4-en-3-one);

(39) norethandrolone (17 alpha-ethyl-17 beta-hydroxyestr-4-en-3-one);

(40) normethandrolone (17 alpha-methyl-17 beta-hydroxyestr-4-en-3-one);

(41) oxandrolone (17 alpha-methyl-17 beta-hydroxy-2-oxa-[5 alpha]-androstan-3-one);

(42) oxymesterone (17 alpha-methyl-4,17 beta-dihydroxyandrost-4-en-3-one);

(43) oxymetholone (17 alpha-methyl-2-hydroxymethylene-17 beta-hydroxy-[5 alpha]-androstan-

3-one);

(44) stanozolol (17 alpha-methyl-17 beta-hydroxy-[5 alpha]-androst-2-eno[3,2-c]-pyrazole);

(45) stenbolone (17 beta-hydroxy-2-methyl-[5 alpha]-androst-1-en-3-one);

(46) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);

(47) testosterone (17 beta-hydroxyandrost-4-en-3-one);

(48) tetrahydrogestrinone (13 beta,17 alpha-diethyl-17 beta-hydroxygon-4,9,11-trien-3-one);

(49) trenbolone (17 beta-hydroxyestr-4,9,11-trien-3-one); and

(50) any salt, ester, or ether of a drug or substance described in this paragraph.

• Schedule III hallucinogenic substances

(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in
U.S. Food and Drug Administration approved drug product. (Some other names for
dronabinol:(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-tri-methyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol).

SCHEDULE IV

Schedule IV consists of:

• Schedule IV depressants

Except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section
14

481.033, 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:

(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Chloral betaine;
(6) Chloral hydrate;
(7) Chlordiazepoxide;
(8) Clobazam;
(9) Clonazepam;
(10) Clorazepate;
(11) Clotiazepam;
(12) Cloxazolam;
(13) Delorazepam;
(14) Diazepam;
(15) Dichloralphenazone;
(16) Estazolam;
(17) Ethchlorvynol;
(18) Ethinamate;
(19) Ethyl loflazepate;
(20) Fludiazepam;
(21) Flunitrazepam;
(22) Flurazepam;
(23) Halazepam;
(24) Haloxazolam;
(25) Ketazolam;
(26) Loprazolam;
(27) Lorazepam;
(28) Lormetazepam;
(29) Mebutamate;
(30) Medazepam;
(31) Meprobamate;
(32) Methohexital;
(33) Methylphenobarbital (mephobarbital);
(34) Midazolam;
(35) Nimetazepam;

(36) Nitrazepam;

15

(37) Nordiazepam;
(38) Oxazepam;
(39) Oxazolam;
(40) Paraldehyde;
(41) Petrichloral;
(42) Phenobarbital;
(43) Pinazepam;
(44) Prazepam;
(45) Quazepam;
(46) Temazepam;
(47) Tetrazepam;
(48) Triazolam;
(49) Zaleplon;
(50) Zolpidem; and
(51) Zopiclone, its salts, isomers, and salts of isomers.

• Schedule IV stimulants

Unless listed in another schedule, 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 those isomers
if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical
designation:

(1) Cathine [(+)-norpseudoephedrine];
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenfluramine;
(5) Fenproporex;
(6) Mazindol;
(7) Mefenorex;
(8) Modafinil;
(9) Pemoline (including organometallic complexes and their chelates);
(10) Phentermine;
(11) Pipradrol;
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]; and
(13) Sibutramine.

• Schedule IV narcotics

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture,
or preparation containing limited quantities of the following narcotic drugs or their salts:

(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit; and
(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-
propionoxybutane).

• Schedule IV other substances

Unless specifically excepted or unless listed in another schedule, a material, compound,
substance's salts:

(1) Butorphanol, including its optical isomers; and
(2) Pentazocine, its salts, derivatives, compounds, or mixtures.

Schedule V consists of:

• Schedule V narcotics containing non-narcotic active medicinal ingredients

A compound, mixture, or preparation containing limited quantities of any of the following
narcotic drugs that also contain 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:

(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or
per 100grams;
(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(5) Not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams;
and
(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit.

17

• Schedule V stimulants

Unless specifically exempted or excluded or unless listed in another schedule, a compound,
mixture, or preparation which contains any quantity of the following substances having a
stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

(1) Pyrovalerone.

• Schedule V depressants

Unless specifically exempted or excluded or unless listed in another schedule, any material,
compound, mixture, or preparation, which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its salts:

(1)

Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].

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