It's been illegal for a year in Texas.
Austin Jail Release and Felony Drug Possession Lawyer
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It is illegal under the Statute. Manufacturers think they're being clever by changing the chemical composition, but I do not believe this defeats the Texas Statute. Of course, you never know what kind of creative argument a good defense attorney could craft. Start calling around now, because you're going to need one.
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I agree with the other posters. You need to consult an attorney. In addition, speak to them about the controlled substances for which you were arrested. Some of these "over the counter" type items that have outlawed recently may not be the exact substance for which you are being charged.
I had a similar case where a client was charged with poss of a substance that had a similar name to a listed controlled substance however, according to the DPS chemist, the substance for which the client was charge and indicted was NOT a listed/scheduled controlled substance - just one with a similar name. (Case was dismissed by the way)