TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    K2 lab report
Go
New
Find
Notify
Tools
Reply
  
K2 lab report Login/Join 
Member
posted
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?
 
Posts: 79 | Location: Hood County | Registered: December 18, 2008Reply With QuoteReport This Post
Member
posted Hide Post
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.
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Thanks, Janette
 
Posts: 79 | Location: Hood County | Registered: December 18, 2008Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    K2 lab report

© TDCAA, 2001. All Rights Reserved.