Go | New | Find | Notify | Tools | Reply |
Member |
So has anyone gotten one of these lab reports back yet? Says the substance isn't specifically listed in 481.1031 but it is a cannabinoid receptor. I've tried to play English teacher with the statute, and it doesn't say, "including but not limited to," and it doesn't say "only including," etc. Thoughts? | ||
|
Member |
My understanding is that the legislature intentionally used the "including" language which is not used in the other Penalty Group definition (they say "consists of") because the synthetics are man-made and the bad guys are always coming up with new formulations. The courts have routinely found that the word "including" is intended to mean the list is not inclusive, but open ended. In other words, the versions in 2A are examples, and not meant to be the only formulations meeting the 2A requirements. | |||
|
Member |
Thanks, Janette | |||
|
Powered by Social Strata |
Please Wait. Your request is being processed... |
© TDCAA, 2001. All Rights Reserved.