As of November 12, 2026, Salvia divinorum is legal to sell at retail in Massachusetts. Not scheduled or named in Massachusetts law. Controlling source: M.G.L. c. 94C, s. 31, Class C(e) (hallucinogenic substances).
Verified November 12, 2026 (hash check) · confidence: confirmedIs Salvia divinorum Legal? Every state and federal law
Salvia divinorum and salvinorin A do not appear in M.G.L. c. 94C, s. 31 (Classes A to E); the hallucinogen list in Class C(e) names other substances only. Full-text searches of the Massachusetts General Laws and session laws on malegislature.gov for “salvia” and “salvinorin” returned no results, so there is no sale-to-minor, labeling or other named statute, and no 194th-session bill naming salvia was found. Neither is federally scheduled, so the DPH schedules that track federal schedules under s. 2 do not reach them. The s. 1 controlled substance analogue definition is not applied here: salvinorin A is not structurally similar to any listed hallucinogen. See the federal page.
(e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
Among Massachusetts's 5 neighbors, Connecticut, Rhode Island and Vermont are illegal; New Hampshire and New York are legal.
Open the interactive map · Every compound in Massachusetts · Where Salvia divinorum is banned · Embed this map
Not federally scheduled. Not federally controlled; Salvia divinorum and salvinorin A are absent from the CSA schedules Federal detail
11 instruments on file for this compound’s framework in Massachusetts; 5 of 5 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
16d83ca9cc5499e9700.002: Schedules of Controlled Substances The following schedules of controlled substances are established: (A) Schedule I. Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in 21 CFR 1308.11.
23241b4bf34dc8fbSection 18. No person shall intentionally smell or inhale the fumes of any substance having the property of releasing toxic vapors, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulled senses or nervous system, nor possess, buy or sell any such substance for the purpose of violating or aiding another to violate this section. This section shall not apply to the inhalation of anesthesia for medical or dental purposes. Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both. Any person who is discovered by a police officer or special police officer in the act of violating this section may be arrested without a warrant by such police officer or special police officer, and held in custody, in jail, or otherwise, until a complaint is made against him for such offense which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.
e9cb9b652eb465bf(e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
da4321fe19e8316e"Controlled substance analogue'', (i) 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 (ii) 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 said 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 "controlled substance analogue'' shall not include: (1) a controlled substance; (2) any substance for which there is an approved new drug application; (3) with respect to a particular person, any substance for which there is an exception 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 (4) any substance not intended for human consumption before such an exemption takes effect with respect to that substance; provided, however, that 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.
c6d0053544085c3cSection 31. For the purposes of establishing criminal penalties for violation of a provision of this chapter, there are established the following five classes of controlled substances: CLASS A (a) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: (1) Acetylmethadol (2) Allylprodine (3) Alphacetylmethadol (4) Alphameprodine (5) Alphamethadol (6) Benzethidine (7) Betacetylmethadol (8) Betameprodine (9) Betamethadol (10) Betaprodine (11) Clonitazene (12) Dextromoramide (13) Dextrorphan (14) Diampromide (15) Diethylthiambutene (16) Dimenoxadol (17) Dimepheptanol (18) Dimethylthiambutene (19) Dioxaphetylbutyrate (20) Dipipanone (21) Ethylmethylthiambutene (22) Etonitazene (23) Etoxeridine (24) Furethidine (25) Hydroxypethidine (26) Ketobemidone (27) Levomoramide (28) Levophenacylmorphan (29) Morpheridine (30) Noracymethadol (31) Norlevorphanol (32) Normethadone (33) Norpipanone (34) Phenadoxone (35) Phenampromide (36) Phenomorphan (37) Phenoperidine (38) Piritramide (39) Proheptazine (40) Properidine (41) Racemoramide (42) Trimeperidine (b) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine (2) Acetyldihydrocodeine (3) Benzylmorphine (4) Codeine methylbromide (5) Codeine–N–Oxide (6) Cyprenorphine (7) Desomorphine (8) Dihydromorphine (9) Etorphine (10) Heroin (11) Hydromorphinol (12) Methyldesorphine (13) Methylhydromorphine (14) Morphine methylbromide (15) Morphine methylsulfonate (16) Morphine–N–Oxide (17) Myrophine (18) Nicocodeine (19) Nicomorphine (20) Normorphine (21) Pholcodine (22) Thebacon (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations: (1) Flunitrazepam (2) Gamma Hydroxy Butyric Acid (3) Ketamine. [Paragraph (d) of Class A applicable as provided by 2018, 69, Sec. 237.] (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations: (1) Acetyl Fentanyl (2) Carfentanil (3) Fentanyl (4) Cyclopropyl fentanyl (5) Furanyl fentanyl (6) 3–methylfentanyl (7) 3,4–Dichloro–N–[2–(dimethylamino)cyclohexyl]–N–methylbenzamide (8) Any synthetic opioid controlled in Schedule I of 21 C.F.R. 1308.11 or Schedule II of 21 C.F.R. 1308.12, unless specifically excepted or unless listed in another class in this section. CLASS B (a) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate (2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) except that these substances shall not include the isoquinoline alkaloids of opium (3) Opium poppy and poppy straw (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. (5) Phenyl–2–Propanone (P2P) (6) Phenylcyclohexylamine (PCH) (7) Piperidinocyclohexanecarbonitrile (PCC) (8) 3,4–methylenedioxy methamphetamine (MDMA). (b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including isomers, esters, ethers, salts, and salts of isomer, esters, and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: [Clauses (1) to (20) of paragraph (b) of Class B applicable as provided by 2018, 69, Sec. 237.] (1) Alphaprodine (2) Anileridine (3) Bezitramide (4) Dihydrocodeine (5) Diphenoxylate (6) Isomethadone (7) Levomethorphan (8) Levorphanol (9) Metazocine (10) Methadone (11) Methadone–Intermediate, 4–cyano–2–dimethylamino–4, 4–diphenyl butane (12) Moramide–Intermediate, 2–methyl–3 morpholine–1, 1–diphenyl–propane carboxylic acid (13) Pethidine (14) Pethidine–Intermediate–A, 4–cyano–1–methyl–4–phenylpiperidine (15) Pethidine–Intermediate–B, ethyl–4–phenylpiperidine–4–carboxylate (16) Pethidine–Intermediate–C, 1–methyl–4–phenylpiperidine–4–carboxylic acid (17) Phenazocine (18) Piminodine (19) Racemethorphan (20) Racemorphan (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers and salts of its optical isomers. (2) Any substance which contains any quantity of methamphetamine, including its salts, isomers and salts of isomers. (3) Phenmetrazine and its salts. (4) Methylphenidate. (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid. (2) Any substance which contains any quantity of methaqualone, or any salt or derivative of methaqualone. (e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Lysergic acid (2) Lysergic acid amide (3) Lysergic acid diethylamide (4) Phencyclidine. CLASS C (a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Chlordiazepoxide (2) Chlorhexadol (3) Clonazepam (4) Clorazepate (5) Diazepam (6) Flurazepam (7) Glutethimide (8) Lorazepam (9) Methyprylon (10) Oxazepam (11) Prazepam (12) Sulfondiethylmethane (13) Sulfonethylmethane (14) Sulfonmethane (15) Temazepam. (b) Nalorphine (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium. (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. (4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active nonnarcotic ingredients in recognized therapeutic amounts. [There is no paragraph (d).] (e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3, 4–methylenedioxy amphetamine (2) 5–methoxy–3, 4–methylenedioxy amphetamine (3) 3, 4, 5–trimethoxy amphetamine (4) Bufotenine (5) Diethyltryptamine (6) Dimethyltryptamine (7) 4–methyl–2, 5–dimethoxyamphetamine (8) Ibogaine (9) Mescaline (10) Peyote (11) N–ethyl–3–piperidyl benzilate (12) N–methyl–3–piperidyl benzilate (13) Psilocybin (14) Psilocyn (15) Tetrahydrocannabinols (16) 4–Bromo–2, 5–Dimethoxy-amphetamine. (17) 3, 4—methylenedioxymethcathinone, MDMC (18) 3, 4—methylenedioxypyrovalerone, MDPV (19) 4—methylmethcathinone, 4–MMC (20) 4—methoxymethcathinone, bk–PMMA, PMMC (21) 3, 4—fluoromethcathinone, FMC (22) Napthylpyrovalerone, NRG–1 (23) Beta-keto–N–methylbenzodioxolylpropylamine (24) 2–(methylamino)-propiophenone; OR alpha-(methylamino) propiophenone (25) 3–methoxymethcathinone (26) 4–methyl-alpha-pyrrolidinobutyrophenone (27) 2–(methylamino)–1–phenylpropan–1–one (28) 4–ethylmethcathinone (29) 3,4–Dimethylmethcathinone (30) alpha–Pyrrolidinopentiophenone (31) beta–Keto–Ethylbenzodioxolylbutanamine (32) 3,4–methylenedioxy–N–ethylcathinone. (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). CLASS D (a) (1) Barbital (2) Chloral betaine (3) Chloral hydrate (4) Ethchlorvynol (5) Ethinamate (6) Methohexital (7) Meprobamate (8) Methylphenobarbital (9) Paraldehyde (10) Petrichloral (11) Phenobarbital (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Marihuana (2) Butyl Nitrite (3) Isobutyl Nitrite (4) 1–Nitrosoxy–Methyl–Propane. CLASS E (a) Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams (b) Prescription drugs other than those included in Classes A, B, C, D, and subsection (a) of this Class.
72bbafc6be9d728e(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations: (1) Flunitrazepam (2) Gamma Hydroxy Butyric Acid (3) Ketamine.
cf66aa4ace316b84CLASS C (a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Chlordiazepoxide (2) Chlorhexadol (3) Clonazepam (4) Clorazepate (5) Diazepam (6) Flurazepam (7) Glutethimide (8) Lorazepam (9) Methyprylon (10) Oxazepam (11) Prazepam (12) Sulfondiethylmethane (13) Sulfonethylmethane (14) Sulfonmethane (15) Temazepam. (b) Nalorphine (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium. (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. (4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active nonnarcotic ingredients in recognized therapeutic amounts. [There is no paragraph (d).] (e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3, 4–methylenedioxy amphetamine (2) 5–methoxy–3, 4–methylenedioxy amphetamine (3) 3, 4, 5–trimethoxy amphetamine (4) Bufotenine (5) Diethyltryptamine (6) Dimethyltryptamine (7) 4–methyl–2, 5–dimethoxyamphetamine (8) Ibogaine (9) Mescaline (10) Peyote (11) N–ethyl–3–piperidyl benzilate (12) N–methyl–3–piperidyl benzilate (13) Psilocybin (14) Psilocyn (15) Tetrahydrocannabinols (16) 4–Bromo–2, 5–Dimethoxy-amphetamine. (17) 3, 4—methylenedioxymethcathinone, MDMC (18) 3, 4—methylenedioxypyrovalerone, MDPV (19) 4—methylmethcathinone, 4–MMC (20) 4—methoxymethcathinone, bk–PMMA, PMMC (21) 3, 4—fluoromethcathinone, FMC (22) Napthylpyrovalerone, NRG–1 (23) Beta-keto–N–methylbenzodioxolylpropylamine (24) 2–(methylamino)-propiophenone; OR alpha-(methylamino) propiophenone (25) 3–methoxymethcathinone (26) 4–methyl-alpha-pyrrolidinobutyrophenone (27) 2–(methylamino)–1–phenylpropan–1–one (28) 4–ethylmethcathinone (29) 3,4–Dimethylmethcathinone (30) alpha–Pyrrolidinopentiophenone (31) beta–Keto–Ethylbenzodioxolylbutanamine (32) 3,4–methylenedioxy–N–ethylcathinone.
b82f62882e6aceefCLASS D (a) (1) Barbital (2) Chloral betaine (3) Chloral hydrate (4) Ethchlorvynol (5) Ethinamate (6) Methohexital (7) Meprobamate (8) Methylphenobarbital (9) Paraldehyde (10) Petrichloral (11) Phenobarbital (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Marihuana (2) Butyl Nitrite (3) Isobutyl Nitrite (4) 1–Nitrosoxy–Methyl–Propane.
9a0f4c5c022d2a01Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Controlled substance”, a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter. "Controlled substance analogue", (i) 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 (ii) 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 said 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 "controlled substance analogue" shall not include: (1) a controlled substance; (2) any substance for which there is an approved new drug application; (3) with respect to a particular person, any substance for which there is an exception 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 (4) any substance not intended for human consumption before such an exemption takes effect with respect to that substance; provided, however, that 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. "Marihuana", all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, industrial hemp as defined in section 116 of chapter 128, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. "Tetrahydrocannabinol", tetrahydrocannabinol or preparations containing tetrahydrocannabinol excluding marihuana except when it has been established that the concentration of delta-9 tetrahydrocannabinol in said marihuana exceeds two and one-half per cent.
96ef8a86f5adb52c''Controlled substance analogue'', (i) 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 (ii) 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 said 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 ''controlled substance analogue'' shall not include: (1) a controlled substance; (2) any substance for which there is an approved new drug application; (3) with respect to a particular person, any substance for which there is an exception 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 (4) any substance not intended for human consumption before such an exemption takes effect with respect to that substance; provided, however, that 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.
bc2f4953228eeb8e(e) Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3, 4–methylenedioxy amphetamine (2) 5–methoxy–3, 4–methylenedioxy amphetamine (3) 3, 4, 5–trimethoxy amphetamine (4) Bufotenine (5) Diethyltryptamine (6) Dimethyltryptamine (7) 4–methyl–2, 5–dimethoxyamphetamine (8) Ibogaine (9) Mescaline (10) Peyote (11) N–ethyl–3–piperidyl benzilate (12) N–methyl–3–piperidyl benzilate (13) Psilocybin (14) Psilocyn (15) Tetrahydrocannabinols (16) 4–Bromo–2, 5–Dimethoxy-amphetamine. (17) 3, 4—methylenedioxymethcathinone, MDMC (18) 3, 4—methylenedioxypyrovalerone, MDPV (19) 4—methylmethcathinone, 4–MMC (20) 4—methoxymethcathinone, bk–PMMA, PMMC (21) 3, 4—fluoromethcathinone, FMC (22) Napthylpyrovalerone, NRG–1 (23) Beta-keto–N–methylbenzodioxolylpropylamine (24) 2–(methylamino)-propiophenone; OR alpha-(methylamino) propiophenone (25) 3–methoxymethcathinone (26) 4–methyl-alpha-pyrrolidinobutyrophenone (27) 2–(methylamino)–1–phenylpropan–1–one (28) 4–ethylmethcathinone (29) 3,4–Dimethylmethcathinone (30) alpha–Pyrrolidinopentiophenone (31) beta–Keto–Ethylbenzodioxolylbutanamine (32) 3,4–methylenedioxy–N–ethylcathinone.
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