Amendment ID: S2133-4

Amendment 4

Controlled Substance Analogue

Messrs. Michael O. Moore and Tarr move to amend the bill by inserting, after section ____, the following new section:-

“SECTION ____.  Section 31 of Chapter 94C of the General Laws, as appearing in the 2013 Official Edition, is hereby amended by adding the following:-

A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of this section as a controlled substance.

For the purposes of this section, the term “controlled substance analog” shall mean a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in or added to Schedule I or II and:

(A)which has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or

(B)with respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.

(C )  Such term does not include:

(i) a controlled substance;

(ii) a substance for which there is an approved new drug application;

(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the Federal Food, Drug, and Cosmetic Act to the extent conduct with respect to the substance is permitted by the exemption; or

(iv)) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.