Amendment #11 to H4000

Controlled Substance Analogue

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough and deMacedo of Plymouth move to amend the bill by adding the following new sections:—

“SECTION XX. Section 1 of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “controlled substance”, the following new definition:— “Controlled substance analogue”, a substance (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance; (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to  or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance; (iii) or with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance. A controlled substance anologue shall not mean (i)a controlled substance; (ii)any substance for which there is an approved new drug application; (iii)any substance to which an investigational exemption applies or under section 505 of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355, but only to the extent the conduct with respect to the substance is pursuant to the exemption; (iv) an exemption applies under section 4 of this chapter; or (v) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

SECTION XX. Section 32 of chapter 94C of the General Laws,  as appearing in the 2012 Official Edition, is hereby, further amended, in paragraph (a), by inserting in the first sentence, in line 4, after the word “thirty-one” the following:— or the controlled substance analogue of a Class A.

SECTION XX. Section 32A of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby further amended,  in paragraph (a), by inserting in the first sentence, in line 4, after the word “thirty-one” the following:— or the controlled substance analogue of a Class B.

SECTION XX. Section 32B of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby further amended, in paragraph (a), by inserting in the first sentence, in line 4, after the word “thirty-one” the following:— or the controlled substance analogue of a Class C.

SECTION XX. Section 32C of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in paragraph (a), by inserting in the first sentence, in line 4, after the word “thirty-one” the following:— or the controlled substance analogue of a Class D.

SECTION XX. Section 32D of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in paragraph (a), by inserting in the first sentence, in line 4, after the word “thirty-one” the following:— or the controlled substance analogue of a Class E.

SECTION XX. SECTION 32F of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in paragraph (a), by inserting in the first sentence, in line 4, after the word “thirty-one” the following:— or the controlled substance analogue of a Class A

; and further, in line 13, after the word “thirty-one” the following:— or the controlled substance analogue of a Class B

; and further, in line 23, after the word “thirty-one” the following:— or the controlled substance analogue of a Class C

;and further, in line 36, after the word “thirty-one” the following:— or the controlled substance analogue of such a controlled substance

SECTION XX. Notwithstanding any general or special law to the contrary, a controlled substance analogue, as defined by section 1 of chapter 94C of the General Laws, shall, to the extent intended for human consumption, be treated for the purposes of any state law as the controlled substance to which it is the analogue.”.