February 24, 2015, 09:18PG
Has anyone come up with a creative way to charge individuals that are dealing some of the new LSD synthetics?
February 25, 2015, 09:52NFS
Our lab is telling us that we can charge it as a POCS not in a PG. Health & Safety 481.119.
I have two pending right now in our courts, so I haven't seen it completely play out. But that's the way we've been handling it. The synthetics are scheduled in the Texas Register, but they have not yet been assigned a PG.
February 25, 2015, 14:33eric3
25I-NBOME, 25C-NBOME, 25B-NBOME are all currently scheduled but not in penalty groups. The Texas schduling of these new compounds and synthetic cannabinoids are updated here, https://www.dshs.state.tx.us/d...rol_subst_sched.shtm
February 25, 2015, 14:51Jon English
Can't you charge it under 481.106, controlled substance analogue?
February 25, 2015, 15:57eric3
If the compounds in question are NBOME, they are not structurally similar to LSD. You'd have to go off of the effects.
March 11, 2015, 16:23BFoleyMCTX
I agree with Jon English you should charge it as a 481.106 Controlled Substance analogue of LSD in Penalty Group 1-A.
It meets the requirements to the second prong that the effects are similar to or greater than a drug listed in PG 1-A.
If you need the names of some scientists who can testify to these effects contact me.