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Tennessee Legislation Update and Call to Action

topic posted Wed, June 5, 2013 - 2:20 PM by  Parad
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HB 0012 by *Shipley, Williams K, Rogers, Hardaway. (SB 0048 by *Beavers.)

Drugs, Synthetic or Analogue - As enacted, further clarifies the definition of "analogue controlled substance" and adds new drugs and compounds to list of synthetic cannabinoids. - Amends TCA Title 39, Chapter 17, Part 4 and Title 55, Chapter 10, Part 4.

Bill Summary

This bill revises various drug offenses to clarify the definition of "analogue controlled substance" and add new drugs and compounds to lists of synthetic cannabinoids and synthetic derivatives or analogues of methcathinone.

CONTROLLED SUBSTANCE ANALOGUES

Generally, present law makes it a crime for a person to commit various drug offenses using a controlled substance analogue. A "controlled substance analogue" is a substance that has the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance and:

(1) The chemical structure of which is a derivative of, or substantially similar to, the chemical structure of a controlled substance; or
(2) That is prohibited by present law offenses regarding synthetic derivatives or analogues of methcathinone.

This bill revises the definition described above in (1) to instead require that the substance have a chemical structure which is a derivative "or structural analogue" of the chemical structure of a controlled substance to be a controlled substance analogue. This bill defines an "analogue" to mean that the structure of the tested item differs in no more than two atoms, one functional group, or one double bond from the structure of a controlled substance.

Additionally, this bill clarifies that if the chemical analysis of a controlled substance analogue determines that it also contains a hazardous substance under the Tennessee Hazardous Substance Act, then the violation may also be prosecuted under such Act.

SYNTHETIC CANNABINOIDS AND SYNTHETIC DERIVATIVES OR ANALOGUES OF METHCATHINONE

Present law makes it a Class D felony, or a Class C felony for a second or subsequent offense, for a person to knowingly produce, manufacture, distribute, possess or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or certain synthetic cannabinoids. This bill adds the following compounds to the list of synthetic cannabinoids under this offense: Cyclopropanoylindoles, Adamantoylindoles, Adamantoylindolecarboxamides, Adamantylindazolecarboxamides, and Naphthoylnaphthalene.

Under present law, it is a Class A misdemeanor for a person to knowingly produce, manufacture, distribute, sell, offer for sale or possess any synthetic derivatives or analogues of methcathinone, and present law lists compounds that are recognized as such synthetic derivatives or analogues. This bill removes from that list the compound 2-(methylamino)-propiophenone or alpha-(methylamino) propiophenone and adds to that list the compounds mitragynine and hydroxymitagynine, desoxypipradol, and URB 754.

ON APRIL 1, 2013, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 12, AS AMENDED.

AMENDMENT #1 clarifies that the provisions of this bill and present law concerning synthetic cannabinoids do not apply to drugs or substances lawfully prescribed or to drugs or substances which have been approved or approved for study by the federal food and drug administration




HB 0012 by *Shipley, Williams K, Rogers, Hardaway. (SB 0048 by *Beavers.)

Drugs, Synthetic or Analogue - As enacted, further clarifies the definition of "analogue controlled substance" and adds new drugs and compounds to list of synthetic cannabinoids. - Amends TCA Title 39, Chapter 17, Part 4 and Title 55, Chapter 10, Part 4.
Fiscal Summary

NOT SIGNIFICANT
Bill Summary

This bill revises various drug offenses to clarify the definition of "analogue controlled substance" and add new drugs and compounds to lists of synthetic cannabinoids and synthetic derivatives or analogues of methcathinone.

CONTROLLED SUBSTANCE ANALOGUES

Generally, present law makes it a crime for a person to commit various drug offenses using a controlled substance analogue. A "controlled substance analogue" is a substance that has the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance and:

(1) The chemical structure of which is a derivative of, or substantially similar to, the chemical structure of a controlled substance; or
(2) That is prohibited by present law offenses regarding synthetic derivatives or analogues of methcathinone.

This bill revises the definition described above in (1) to instead require that the substance have a chemical structure which is a derivative "or structural analogue" of the chemical structure of a controlled substance to be a controlled substance analogue. This bill defines an "analogue" to mean that the structure of the tested item differs in no more than two atoms, one functional group, or one double bond from the structure of a controlled substance.

Additionally, this bill clarifies that if the chemical analysis of a controlled substance analogue determines that it also contains a hazardous substance under the Tennessee Hazardous Substance Act, then the violation may also be prosecuted under such Act.

SYNTHETIC CANNABINOIDS AND SYNTHETIC DERIVATIVES OR ANALOGUES OF METHCATHINONE

Present law makes it a Class D felony, or a Class C felony for a second or subsequent offense, for a person to knowingly produce, manufacture, distribute, possess or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or certain synthetic cannabinoids. This bill adds the following compounds to the list of synthetic cannabinoids under this offense: Cyclopropanoylindoles, Adamantoylindoles, Adamantoylindolecarboxamides, Adamantylindazolecarboxamides, and Naphthoylnaphthalene.

Under present law, it is a Class A misdemeanor for a person to knowingly produce, manufacture, distribute, sell, offer for sale or possess any synthetic derivatives or analogues of methcathinone, and present law lists compounds that are recognized as such synthetic derivatives or analogues. This bill removes from that list the compound 2-(methylamino)-propiophenone or alpha-(methylamino) propiophenone and adds to that list the compounds mitragynine and hydroxymitagynine, desoxypipradol, and URB 754.

ON APRIL 1, 2013, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 12, AS AMENDED.

AMENDMENT #1 clarifies that the provisions of this bill and present law concerning synthetic cannabinoids do not apply to drugs or substances lawfully prescribed or to drugs or substances which have been approved or approved for study by the federal food and drug administration

Let them know how you feel.


These are the bills in question:

Tennessee House Bill 12

Tennessee Senate Bill 48

They're the same bill, just crossfiled in the House and Senate. These are the lawmakers involved with these bills, please contact them and let them know that kratom is a natural, extremely beneficial herb that does not belong on these bills!


Representative Tony Shipley

Email: rep.tony.shipley@capitol.tn.gov

Phone: (615) 741-2886

Fax: (615) 741-2886

Addresses (send to either or both)
Rep. Tony Shipley
P.O. Box 6173
Kingsport 37663

Rep. Tony Shipley
301 6th Avenue North
Suite 114 War Memorial Bldg.
Nashville TN 37243


Senator Mae Beavers

Email: sen.mae.beavers@capitol.tn.gov

Phone: (615) 741-2421

Addresses (send to either or both)

Senator Mae Beavers
2020 Hunters Place
Mt. Juliet, TN 37122

Senator Mae Beavers
301 6th Avenue North
Suite 6, Legislative Plaza
Nashville, TN 37243

In addition, there are several people involved in spreading misinformation about kratom being a "new drug" similar to bath salts. Again, please contact these people and explain why they are mistaken.

Tony Clark
Tennessee District Attorney General, First Judicial District

Email: awclark@tndagc.org

Phone: (423) 753-5020

Address
District Attorney General Tony Clark
100 E. Main Street, Jonesborough
P.O. Box 219 Jonesborough, TN 37659


Ed Graybeal
Washington County Sheriff

Email: wcso@wcso.net

Phone: (423) 788-1414

Address
Ed Graybeal, Sheriff
P.O Box 1217
Johnson City, TN 37605-1217
(423) 788-1414


Thanks to the great folks at the Kratom forum and the KC forum!!
posted by:
Parad
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  • "Hello, my name is Melissa Bean. I was pulled over for not having my seatbelt on in Gallatin, TN. I had purchased Kratom from Kratom King ( I am also wondering if they are a certified vendor by the Kratom association, if anyone knows) over the internet and had the FedEx package with the Kratom in it with me in my vehicle. Long story short, they searched my vehicle and found the Kratom in the Fed Ex box, in its correct package, that was labelled as Kratom, and the packing slip stating that I had purchased it and that it was kratom was even in the box. I was arrested for controlled substanc analogue T.C.A 39-17-454. I am charged with a class D felony. I had an $8,000.00 bond(which was only $837.00 with the bondsman, thank god!)They seized my vehicle, my cell phone, and my laptop computer that I had with me. I know what you are thinking. They think it is something else, right? No, they know it is Kratom. That is what i am charged with. I have researched this new law and it was created for the continuously newly created strands of bath salts and fake weed, but this law is written up so very vague that they could charge you with coffee if they wanted to. The question is, since Kratom is legal, will this be thrown out in court when I go. I definitely hope so. I don't know. They seem to think that they really got something here. If anyone reading this knows of any helpful info or good kratom lawyers(LOL. I know there aren't any. Due to the fact that it is LEGAL) please reply or contact me at melissakeller25@yahoo.com. This is craziness. I know that I am doing right in my life. I had been on many different presciption pain and anxiety medications that are extremely addictive and have horrible side effects. I was able to come off all of that with the help of kratom. I have Trichotillomania and have never found anything to help ease the symptoms like Kratom does. Thanks. I look forward to reading your replies. "
    • It will be a felony. You won't be able to vote if you are caught with a little bit of kratom. This isn't weird to anyone?
      Their reasoning is because they call it meth or synthetic pot which of which it is neither. Seriously?

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