Was just made aware that these two items have been added to Schedule I and can now be prosecuted under 481.119 HSC. Wondering if you guys have any comments about this? Anyone encountering problems with the lab analysis?

It's my understanding that as of 4-5 months ago, DPS was unable to test for the active ingredients in these. I checked before my office at the time was making its charging policy on these cases. Lab capabilities may have changed...

It is my understanding that the DPS crime labs can now test for those substances. There are a couple of bills proceeding through the Texas legislature that bans the five substances banned by the feds and the commissioner of TDSH plus dozens of permutations.

Janette A

Is anyone prosecuting these cases??

I see that the Gov. signed the new bill (SB 331) on May 28 and according Texas Legislature Online goes into effect on 09/01/2011.

Yes, the Texas Dept of State Health Services added the K2 substances to the Schedules BUT it is not yet on the Penalty Groups (or at least not yet). So I do not see how we could proceed with actual prosecutions yet... or can we??

DSHS claims they "banned" the substances found in K2. I'm not sure what that means by criminal law standards.

Until SB 331 goes into effect, possession, manufacture, or delivery of any of the five substancesthat the Commissioner of TDSHS did list in Schedule I should be prosecuted under Section 481.119 (Class A or B) (Possession of Miscellaneous substances). DPS can test samples for those five chemicals, but I don't know if they can test for the other chemicals added by SB 331.

Janette A

yeah--we're prosecuting

(under 481.119)

Since TDSHS did list it in Schedule I, we have not seen any of it to prosecute.

I've received one case under 481.119 that I will be prosecuting, but I'm waiting on the results back from DPS prior to filing. My understanding is that the manufacturers are using a shifting spectrum of these analogs, and so I want to make sure that what was seized actually contains a substance that's been banned.

I've also prosecuted one DWI where K2 was the intoxicating substance.