Budget Amendment ID: FY2015-S4-603-R1
Redraft EPS 603
Synthetic Marijuana and Controlled Substance Analogue
Messrs. Michael O. Moore and Tarr moved that the proposed new text be amended moved that the bill be amended by inserting after section 56 the following section:-
“SECTION 56A. Section 1 of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the definition of “controlled substance” and inserting in place thereof the following 2 definitions:-
“Controlled substance”, a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter.
“Controlled substance analogue”, (1) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and 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 in Class A, B, C, D or E, listed in said section 31 or (2) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and 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 in Class A, B, C, D or E, listed in said section 31; provided, however, that the term shall not include: (i) a controlled substance, (ii) any substance for which there is an approved new drug application, (iii) with respect to a particular person any substance, if an exception is in effect for investigational use, for that person, under section 8 to the extent conduct with respect to the substance is pursuant to such exemption or (iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance. For the purposes of this chapter, a controlled substance analogue shall be treated as the Class A, B, C, D or E substance, of which it is a controlled substance analogue.”; and
by inserting after section 57 the following section:-
“SECTION 57A. Class C of section 31 of said chapter 94C, as so appearing, is hereby amended by inserting after subsection (e) the following subsection:-
(f) Unless specifically excepted or listed in another schedule, any material, compound, mixture or preparation, which contains any quantity of the following hallucinogenic substances or cannabimimetic agents within the structural classes identified below:
(1) 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;
(2) 3-(1-naphthoyl) indole or 3-(1-naphthyl) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;
(3) 3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
(4) 1-(1-naphthylmethyl) indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;
(5) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent;
(6) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);
(7) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-
47,497 C8-homolog);
(8) 1-pentyl-3-(1-naphthoyl) indole (JWH-018 and AM678);
(9) 1-butyl-3-(1-naphthoyl) indole (JWH-073);
(10) 1-hexyl-3-(1-naphthoyl) indole (JWH-019);
(11) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole (JWH-200);
(12) 1-pentyl-3-(2-methoxyphenylacetyl) indole (JWH-250);
(13) 1-pentyl-3-[1-(4-methoxynaphthoyl)] indole (JWH-081);
(14) 1-pentyl-3-(4-methyl-1-naphthoyl) indole (JWH-122);
(15) 1-pentyl-3-(4-chloro-1-naphthoyl) indole (JWH-398);
(16) 1-(5-fluoropentyl)-3-(1-naphthoyl) indole (AM2201);
(17) 1-(5-fluoropentyl)-3-(2-iodobenzoyl) indole (AM694);
(18) 1-pentyl-3-[(4-methoxy)-benzoyl] indole (SR-19 and RCS-4);
(19) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl) indole (SR-18 and RCS-8); and
(20) 1-pentyl-3-(2-chlorophenylacetyl) indole (JWH-203).”