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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation for criminal prosecution and other |
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purposes of certain chemicals commonly referred to as synthetic |
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cannabinoids as controlled substances and controlled substance |
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analogues under the Texas Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivisions (5) and (6), Section 481.002, |
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Health and Safety Code, are amended to read as follows: |
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(5) "Controlled substance" means a substance, |
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including a drug, an adulterant, and a dilutant, listed in |
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Schedules I through V or Penalty Group [Groups] 1, 1-A, [or] 2, 2-A, |
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3, or [through] 4. The term includes the aggregate weight of any |
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mixture, solution, or other substance containing a controlled |
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substance. |
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(6) "Controlled substance analogue" means: |
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(A) a substance with a chemical structure |
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substantially similar to the chemical structure of a controlled |
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substance in Schedule I or II or Penalty Group 1, 1-A, [or] 2, or |
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2-A; or |
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(B) a substance specifically designed to produce |
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an effect substantially similar to, or greater than, the effect of a |
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controlled substance in Schedule I or II or Penalty Group 1, 1-A, |
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[or] 2, or 2-A. |
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SECTION 2. Section 481.1031, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.1031. PENALTY GROUP 2-A. Penalty Group 2-A |
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consists of any material, compound, mixture, or preparation that |
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contains any quantity of a synthetic chemical substance, including |
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its salts, isomers, and salts of isomers, listed by name in this |
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section or contained within the following structural classes |
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defined in this section [compound that is a cannabinoid receptor
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agonist and mimics the pharmacological effect of naturally
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occurring cannabinoids, including]: |
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WIN-55,212-2; |
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Naphthoylindole: any compound [naphthoylindoles] |
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structurally derived from 3-(1-naphthoyl)indole or |
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3-(2-naphthoyl)indole by substitution at the nitrogen atom of the |
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indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, |
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haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, |
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cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, |
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(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl |
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[2-(4-morpholinyl)ethyl], whether or not further substituted in |
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the indole ring to any extent, whether or not substituted in the |
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naphthyl [napthyl] ring to any extent, including: |
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AM-1220; |
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AM-2201; |
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JWH-004; |
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JWH-007; |
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JWH-009; |
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JWH-015; |
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JWH-016; |
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JWH-018; |
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JWH-019; |
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JWH-020; |
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JWH-046; |
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JWH-047; |
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JWH-048; |
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JWH-049; |
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JWH-050; |
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JWH-073; |
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JWH-076; |
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JWH-079; |
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JWH-080; |
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JWH-081; |
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JWH-082; |
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JWH-083; |
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JWH-093; |
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JWH-094; |
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JWH-095; |
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JWH-096; |
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JWH-097; |
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JWH-098; |
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JWH-099; |
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JWH-100; |
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JWH-116; |
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JWH-122; |
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JWH-148; |
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JWH-149; |
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JWH-153; |
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JWH-159; |
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JWH-164; |
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JWH-165; |
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JWH-166; |
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JWH-180; |
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JWH-181; |
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JWH-182; |
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JWH-189; |
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JWH-193; |
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JWH-198; |
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JWH-200; |
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JWH-210; |
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JWH-211; |
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JWH-212; |
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JWH-213; |
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JWH-234; |
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JWH-235; |
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JWH-239; |
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JWH-240; |
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JWH-241; |
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JWH-242; |
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JWH-258; |
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JWH-259; |
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JWH-260; |
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JWH-262; |
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JWH-267; |
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JWH-386; |
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JWH-387; |
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JWH-394; |
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JWH-395; |
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JWH-397; |
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JWH-398; |
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JWH-399; |
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JWH-400; |
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JWH-412; |
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JWH-413; and |
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JWH-414; |
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Naphthylmethylindole: any compound |
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[naphthylmethylindones] structurally derived from |
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1H-indol-3-yl-(1-naphthyl)methane or |
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1H-indol-3-yl-(2-naphthyl)methane by substitution at the nitrogen |
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atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, |
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alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, |
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cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, |
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(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl |
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[2-(4-morpholinyl)ethyl], whether or not further substituted in |
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the indole ring to any extent, whether or not substituted in the |
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naphthyl ring to any extent, including: |
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JWH-175; |
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JWH-184; |
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JWH-185; |
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JWH-192; |
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JWH-194; |
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JWH-195; |
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JWH-196; |
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JWH-197; and |
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JWH-199; |
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Naphthylindolecarboxamide: any compound structurally |
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derived from N-(naphthalen-1-yl)-1H-indole-3-carboxamide or |
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N-(naphthalen-2-yl)-1H-indole-3-carboxamide by substitution at |
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the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, |
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halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, |
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hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl or 2-(4-morpholinyl)alkyl, whether |
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or not further substituted in the indole ring to any extent, whether |
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or not substituted in the naphthyl ring to any extent, including: |
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MN-24 (Other name: NNEI); |
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Naphthoylpyrrole: any compound [naphthoylpyrroles] |
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structurally derived from 3-(1-naphthoyl)pyrrole or |
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3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the |
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pyrrole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, |
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haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, |
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cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, |
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(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl |
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[2-(4-morpholinyl)ethyl], whether or not further substituted in |
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the pyrrole ring to any extent, whether or not substituted in the |
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naphthyl ring to any extent, including: |
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JWH-030; |
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JWH-145; |
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JWH-146; |
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JWH-147; |
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JWH-150; |
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JWH-156; |
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JWH-243; |
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JWH-244; |
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JWH-245; |
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JWH-246; |
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JWH-292; |
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JWH-293; |
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JWH-307; |
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JWH-308; |
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JWH-309; |
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JWH-346; |
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JWH-347; |
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JWH-348; |
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JWH-363; |
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JWH-364; |
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JWH-365; |
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JWH-366; |
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JWH-367; |
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JWH-368; |
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JWH-369; |
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JWH-370; |
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JWH-371; |
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JWH-372; |
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JWH-373; and |
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JWH-392; |
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Naphthylmethylindene: any compound |
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[naphthylmethylindenes] structurally derived from |
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1-(1-naphthylmethyl)indene or 1-(2-naphthylmethyl)indene by |
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substitution at the 3-position of the indene ring by alkyl, |
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haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, |
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cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or |
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2-(4-morpholinyl)alkyl [2-(4-morpholinyl)ethyl], whether or not |
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further substituted in the indene ring to any extent, whether or not |
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substituted in the naphthyl ring to any extent, including: |
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JWH-171; |
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JWH-172; |
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JWH-173; and |
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JWH-176; |
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Phenylacetylindole: any compound [phenylacetylindoles] |
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structurally derived from 3-phenylacetylindole by substitution at |
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the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, |
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halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, |
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hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or |
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2-(4-morpholinyl)alkyl [2-(4-morpholinyl)ethyl], whether or not |
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further substituted in the indole ring to any extent, whether or not |
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substituted in the phenyl ring to any extent, including: |
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[AM-694;
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[AM-1241;] |
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JWH-167; |
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JWH-203; |
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JWH-204; |
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JWH-205; |
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JWH-206; |
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JWH-208; |
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JWH-237; |
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JWH-248; |
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JWH-249; |
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JWH-250; |
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JWH-251; |
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JWH-252; |
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JWH-253; |
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JWH-302; |
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JWH-303; |
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JWH-305; |
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JWH-306; |
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JWH-311; |
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JWH-312; |
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JWH-313; |
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JWH-314; [and] |
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JWH-315; and |
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RCS-8; |
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Benzoylindole: any compound structurally derived from |
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3-benzoylindole by substitution at the nitrogen atom of the indole |
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ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, |
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haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, |
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cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, |
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(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or |
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not further substituted in the indole ring to any extent, whether or |
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not substituted in the phenyl ring to any extent, including: |
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AM-630; |
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AM-679; |
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AM-694; |
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AM-1241; |
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Pravadoline (Other name: WIN 48,098); and |
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RCS-4; |
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Adamantoylindole: any compound structurally derived |
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from 3-(1-adamantoyl)indole or 3-(2-adamantoyl)indole by |
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substitution at the nitrogen atom of the indole ring with alkyl, |
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haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, |
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cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or |
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2-(4-morpholinyl)alkyl, whether or not further substituted in the |
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indole ring to any extent, whether or not substituted in the |
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adamantyl ring to any extent, including: |
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AB-001; and |
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AM-1248; |
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Adamantylindolecarboxamide: any compound structurally |
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derived from N-(adamantan-1-yl)-1H-indole-3-carboxamide or |
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N-(adamantan-2-yl)-1H-indole-3-carboxamide by substitution at the |
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nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, |
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halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, |
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hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or |
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2-(4-morpholinyl)alkyl, whether or not further substituted in the |
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indole ring to any extent, whether or not substituted in the |
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adamantyl ring to any extent, including: |
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APICA; and |
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STS-135; |
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Adamantylindazolecarboxamide: any compound |
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structurally derived from |
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N-(adamantan-1-yl)-1H-indazole-3-carboxamide or |
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N-(adamantan-2-yl)-1H-indazole-3-carboxamide by substitution at |
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the 1-position nitrogen atom of the indazole ring by alkyl, |
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haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, |
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cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or |
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2-(4-morpholinyl)alkyl, whether or not further substituted in the |
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indazole ring to any extent, whether or not substituted in the |
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adamantyl ring to any extent, including: |
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5-Fluoro AKB-48; and |
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AKB-48; |
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Aminooxobutylindazolecarboxamide: any compound |
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structurally derived from |
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N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole-3-carboxamide |
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by substitution at the 1-position nitrogen atom of the indazole |
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ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, |
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haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, |
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cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, |
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(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or |
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not further substituted in the indazole ring to any extent, |
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including: |
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AB-PINACA; and |
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AB-FUBINACA; |
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Tetramethylcyclopropylindole: any compound |
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structurally derived from |
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3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution |
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at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, |
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halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, |
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hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or |
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2-(4-morpholinyl)alkyl, whether or not further substituted in the |
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indole ring to any extent, whether or not substituted in the |
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tetramethylcyclopropyl ring to any extent, including: |
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A-834,735; |
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A-796,260; |
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AB-005; |
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UR-144; |
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5-Bromo UR-144; |
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5-Chloro UR-144; and |
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5-Fluoro UR-144 (Other name: XLR-11); |
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Tetramethylcyclopropane-thiazole carboxamide: any |
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compound structurally derived from |
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2,2,3,3-tetramethyl-N-(thiazol-2-ylidene)cyclopropanecarboxamide |
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by substitution at the nitrogen atom of the thiazole ring by alkyl, |
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haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, |
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cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or |
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2-(4-morpholinyl)alkyl, whether or not further substituted in the |
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thiazole ring to any extent, whether or not substituted in the |
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tetramethylcyclopropyl ring to any extent, including: |
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A-836,339; |
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Quinolinylindolecarboxylate: any compound structurally |
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derived from quinolin-8-yl indole-3-carboxylate by substitution at |
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the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, |
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halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, |
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hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or |
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2-(4-morpholinyl)alkyl, whether or not further substituted in the |
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indole ring to any extent, whether or not substituted in the |
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quinoline ring to any extent, including: |
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BB-22; |
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5-Fluoro PB-22; and |
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PB-22; |
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Cyclohexylphenol: any compound [cyclohexylphenols] |
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structurally derived from 2-(3-hydroxycyclohexyl)phenol by |
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substitution at the 5-position of the phenolic ring by alkyl, |
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haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, |
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cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, |
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(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or |
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2-(4-morpholinyl)alkyl [2-(4-morpholinyl)ethyl], whether or not |
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substituted in the cyclohexyl ring to any extent, including: |
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CP-55,940; |
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CP-47,497; |
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analogues of CP-47,497, including VII, V, VIII, I, |
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II, III, IV, IX, X, XI, XII, XIII, XV, and XVI; |
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JWH-337; |
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JWH-344; |
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JWH-345; and |
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JWH-405; and |
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cannabinol derivatives, except where contained in |
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marihuana, including tetrahydro derivatives of cannabinol and |
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3-alkyl homologues of cannabinol or of its tetrahydro derivatives, |
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such as: |
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Nabilone; |
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HU-210; and |
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HU-211[; and
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[WIN-55,212-2]. |
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SECTION 3. Section 481.106, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE |
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ANALOGUE. For the purposes of the prosecution of an offense under |
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this subchapter involving the manufacture, delivery, or possession |
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of a controlled substance, Penalty Groups 1, 1-A, [and] 2, and 2-A |
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include a controlled substance analogue that: |
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(1) has a chemical structure substantially similar to |
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the chemical structure of a controlled substance listed in the |
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applicable penalty group; or |
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(2) is specifically designed to produce an effect |
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substantially similar to, or greater than, a controlled substance |
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listed in the applicable penalty group. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect January 1, 2014. |