(

a) A controlled substance analog shall, for the purposes of

Chapter 6 (commencing with

Section 11350), be treated the same as the controlled substance classified in

Section or or the synthetic cannabinoid compound defined in

Section 11357.5 of which it is an analog. (

b) Except as provided in subdivision (c), the term “controlled substance analog” means either of the following:

(1) A substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance classified in

Section or or a synthetic cannabinoid compound defined in

Section 11357.5.

(2) A substance that has, is represented as having, or is intended 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 classified in

Section or or a synthetic cannabinoid compound defined in

Section 11357.5. (

c) The term “controlled substance analog” does not mean any of the following:

(1) A substance for which there is an approved new drug application as defined under

Section of the federal Food, Drug, and Cosmetic Act (21 U.S.C.

Sec. 355) or that is generally recognized as safe and effective for use pursuant to Sections 501, 502, and of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 351, 352, and 353) and

Section and following of Title of the Code of Federal Regulations.

(2) With respect to a particular person, a substance for which an exemption is in effect for investigational use for that person under

Section of the federal Food, Drug, and Cosmetic Act (21 U.S.C.

Sec. 355), to the extent that the conduct with respect to that substance is pursuant to the exemption.

(3) A substance, before an exemption as specified in paragraph (2) takes effect with respect to the substance, to the extent the substance is not intended for human consumption.