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Has anyone come up with a creative way to charge individuals that are dealing some of the new LSD synthetics?
 
Posts: 14 | Location: Montgomery County | Registered: December 06, 2006Reply With QuoteReport This Post
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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.
 
Posts: 5 | Registered: May 09, 2014Reply With QuoteReport This Post
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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
 
Posts: 4 | Registered: October 08, 2014Reply With QuoteReport This Post
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Can't you charge it under 481.106, controlled substance analogue?
 
Posts: 195 | Location: Huntsville, TX | Registered: June 12, 2012Reply With QuoteReport This Post
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If the compounds in question are NBOME, they are not structurally similar to LSD. You'd have to go off of the effects.
 
Posts: 4 | Registered: October 08, 2014Reply With QuoteReport This Post
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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.

Brian Foley
brian.foley@mctx.org
 
Posts: 2 | Location: Montgomery County | Registered: March 11, 2015Reply With QuoteReport This Post
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