Nebraska is currently updating its controlled substance
legislation and adding many synthetic cannabinoids to the list of banned
compounds. Nebraska legislative bill 811 is still pending, but is on the fast
track to getting signed into law.
From review of the bill, it effectively controls the older
generations of cannabinoids such as naphthoylindoles (JWH-018, AM-2201, etc.),
naphthoylmethylindoles (JWH-175, JWH-184, etc.), naphthoylpyrroles (JWH-307),
naphthylideneindenes (JWH-176), benzoylindoles (RCS-4, AM694, etc.), cyclohexylphenols (CP47,497 and variants), phenylacetylindoles (JWH-203, JWH-250, etc.),
adamantoylindoles (AB-001, AM-1248, etc.), and tetramethylcyclopropanoylindoles
(UR-144, XLR-11, etc.). It also includes some of the newest generation compounds,
such as the indole carboxamides (AB-001, STS-135, etc.) and indole carboxylates (PB-22,
5F-PB-22, etc.).
Interesting note on the indole carboxamide classification is
that the indazole carboxamides are included, but I don’t see how they fit under this umbrella. These indazole carboxamides include STS-135, ABk48 and its fluorinated derivative, AB-PINACA and its
fluorinated derivative, ADB-PINACA and its fluorinated derivative, AB-FUBINACA,
and ADB-FUBINACA. Semantics matters here. An indole group is not the same thing as an indazole group.
Also listed on Page 24, section M is something curious…
“Any other compound, not specifically listed in these
schedules or approved by the federal Food and Drug Administration, that is
identified by chemical, medical, or pharmacological means as a cannabinoid
receptor agonist which mimics or is intended to mimic the pharmacological
effect of naturally occurring cannabinoids.”
Hmmmm…so, if any substance not scheduled in the CSA can be
shown to be a “cannabinoid receptor
agonist”, then it will be considered a controlled substance.
Now, here is where it gets curiouser…
In the updated legislation, “cannabinoid receptor agonist”
is explicitly defined as:
“…any chemical compound or substance that, according to
scientific or medical research, study, testing, or analysis, demonstrates the
presence of binding activity at one or more of the CB1 or CB2 cell membranes
receptors located within the human body.”
The definition “cannabinoid receptor agonist” has nothing to
do with actual activity at the binding site. As it is written, it has everything
to do with binding affinity at the receptor. So, if a substance can be shown to
bind to either cannabinoid receptor 1 or cannabinoid receptor 2, then it is
considered a controlled substance.
Also noteworthy from the pending legislation…
In the amendments (AM2400 and AM2567), there is a definition for “imitation
controlled substance”.
“Imitation controlled substance shall mean a substance which
is not a controlled substance or controlled substance analogue but which, by
way of express or implied representations and consideration of other relevant
factors including those specified in section 28-445, would lead a reasonable
person to believe the substance is a controlled substance or controlled
substance analogue.”
After review of this bill, we can easily see that Nebraska government
and law enforcement intends to cover these drug substances in many ways. As
always, other states will follow suit. I already know of one state that has the
imitation controlled substance language.
Cheers,
ForensicToxGuy