Controlled substance analogues

(a) (A) Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Tennessee Code 39-17-402Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.Immediate precursor: means a substance that the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. See Tennessee Code 39-17-402Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that "manufacture" does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance by:(A) A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice. See Tennessee Code 39-17-402Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106Person: means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See Tennessee Code 39-17-402State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States. See Tennessee Code 39-17-402Statute: A law passed by a legislature.Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(1) As used in this section, “controlled substance analogue” means a capsule, pill, powder, product or other substance, however constituted, that has the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance; and (A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (a)(1), “analogue” means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or (B) Is prohibited by § 39-17-452. (2) “Controlled substance analogue” does not include: (A) A controlled substance; (B) Any substance for which there is an approved use or new drug application by the federal food and drug administration; (C) Any compound, mixture, or preparation that contains any controlled substance that is not for administration to a human being or animal, and that is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse; or (D) Any substance to which an investigational exemption applies under § 505 of the Food, Drug and Cosmetic Act ( 21 U.S.C. § 355 ), but only to the extent that conduct with respect to the substance is pursuant to such exemption. (b) (1) In determining whether a substance is a controlled substance analogue, the following factors shall be considered, along with any other relevant factors: (A) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold; (B) Its diversion from legitimate channels, and its clandestine importation, manufacture, or distribution; (C) The defendant‘s prior convictions, if any, for a violation of any state or federal statute prohibiting controlled substances or controlled substance analogues; and (D) Comparisons with accepted methods of marketing a legitimate nonprescription drug for medicinal purposes rather than for the purpose of drug abuse or any similar nonmedical use, including: (i) The packaging of t