Has anyone come up with a creative way to charge individuals that are dealing some of the new LSD synthetics?
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.
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
Can't you charge it under 481.106, controlled substance analogue?
If the compounds in question are NBOME, they are not structurally similar to LSD. You'd have to go off of the effects.
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.
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