I'm still running into synthetic marihuana cases that are not listed in the Schedules and now C25, a derivative of lsd. So I'm fixing to start using Sec 481.106 to charge these cases. I couldn't find any charging language for controlled substance analogue in the Charging Manual (may have overlooked it) but I would think you don't charge it just like the "underlying" controlled substance.
I would guess you would simply plead that they possessed "XXXXXXXXXX, a controlled substance analogue that has a substantially similar chemical structure to 'listed CS' or is specifically designed to produce an effect substantially similar to or greaer than 'listed CS' in an amount of 'relevant amount'
Surely someone else out there has plead these things?
and, does 481.106 even apply to Schedule 2A?
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