Section 5-64-414 - Controlled substance analog(a)(1) "Controlled substance analog" means a substance: (A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or(B) With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II.(2) "Controlled substance analog" does not include: (A) A controlled substance;(B) A substance for which there is an approved new drug application;(C) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355, to the extent conduct with respect to the substance is pursuant to the exemption; or(D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.(b) A controlled substance analog, to the extent intended for human consumption, is treated for the purposes of this chapter as a substance included in Schedule I.(c) Within ten (10) days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the Secretary of the Department of Health of information relevant to emergency scheduling as provided for in § 5-64-201(a).(d) After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place.Amended by Act 2019, No. 910,§ 4844, eff. 7/1/2019.Acts 1989 (3rd Ex. Sess.), No. 84, § 1; 2005, No. 1994, § 306.