K2 is a mixture of herbs and spices laced with a synthetic cannabinoid that's billed as "legal marijuana" and presently being sold at head shops, convenience stores, etc. statewide. The synthetic cannabinoid is JWH-018, HU-210 or something comparable, none of which is classified as a dangerous drug or controlled substance.

The president of our local medical society has written our commissioners' court asking that the county pass an ordinance prohibiting the sale of K2 due to "numerous harmful side effects." I've reviewed everything from Chapter 234 to 250 of the Local Government Code and while the county can apparently regulate everything from wrecking yards to shooting ranges, can it regulate this?

I'm not an attorney but possession of a product designed to produce an effect substantially similiar to synthetic THC appears to be a felony.

H&SC 481.106 Classification of Controlled Substance Analogue
For the purposes of the prosecution of an offense under this 
subchapter involving the manufacture, delivery, or possession 
of a controlled substance, Penalty Groups 1, 1-A, and 2 include a 
controlled substance analogue that:

(1) [... has a similar chemical structure...] ; or

(2) is specifically designed to produce an effect substantially 
similar to, or greater than, a controlled substance 
listed in the applicable penalty group.

Synthetic THC is listed in penalty group 2:

Tetrahydrocannabinols, other than marihuana, 
and synthetic equivalents of the substances contained in 
the plant, or in the resinous extractives of Cannabis, or 
synthetic substances, derivatives, and their isomers with 
similar chemical structure and pharmacological activity such as: 
   delta-1 cis or trans tetrahydrocannabinol, and their optical 
isomers;
   delta-6 cis or trans tetrahydrocannabinol, and their optical 
isomers;
   delta-3, 4 cis or tetrahydrocannabinol, and its optical 
isomers;
   compounds of these structures, regardless of numerical 
designation of atomic positions, since nomenclature 
of these substances is not internationally standardized;

My general understanding is that the Commissioners Court is limited to regulating those things specifically spelled out in the statute. As this is not, they do not have the authority.

Your city may be able to pass the ordinance, and certainly the state can consider a change to the Controlled Substances laws...but...not the county.

Lisa L. Peterson
Nolan County Attorney

Thanks for your responses.