The bill, S.B. No. 1868, aims to amend the Texas Controlled Substances Act by adding specific hallucinogenic substances to the list of controlled substances and establishing penalties for their production, manufacture, distribution, delivery, sale, and possession. Notably, the bill introduces new legal language to include substances such as kratom and its derivatives, as well as tianeptine, under the definition of controlled substances. Additionally, it defines "hallucinogenic substance" to encompass various plants and fungi known for their psychoactive properties, such as Psilocybe spp. and Datura spp.

Furthermore, the bill outlines criminal offenses associated with these substances, categorizing the production and distribution of hallucinogenic substances as state jail felonies, while possession is classified as a Class B misdemeanor. It also allows for civil penalties of up to $25,000 per day for violations, with each day constituting a separate offense. The bill repeals a previous chapter related to controlled substances and clarifies that the new law will apply only to offenses committed after its effective date of September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 481.102 (Health and Safety Code 481)