170112_Plaintiffs_Original_Petition

Deposit For Costs Not Complied With 

FILED 

DALLAS COUNTY 

1/12/2017 9:30:41 AM 

FELICIA PITRE 

DISTRICT CLERK 

David Hernandez 

DC-17-00363 

STATE OF TEXAS, § IN THE DISTRICT COURT 

§ 

Plaintiff § 

§ 

v. § 

§ 

§ 

MOHAMED BAKR; § 

ABUNDANT RETAIL, INC. d.b.a. HI § DALLAS COUNTY, TEXAS 

FLAMEZ; 2010 OLD HICKORY LLC; § 

and THE REAL PROPERTY § 

KNOWN AS 8438 OLD HICKORY § 

TRAIL, DALLAS, TEXAS § 

§ 

Defendants § 

-- 

JUDICIAL DISTRICT 

PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR 

EX PARTE TEMPORARY RESTRAINING ORDER, ASSET FREEZE, TEMPORARY 

INJUNCTION AND PERMANENT INJUNCTION 

TO THE HONORABLE JUDGE OF SAID COURT: 

Plaintiff, the ST ATE OF TEXAS ("the State"), acting by and through Attorney General of 

Texas, KEN PAXTON, files this petition complaining of Defendants MOHAMED BAKR, 

ABUNDANT RETAIL, INC. d/b/a HI FLAMEZ; 2010 OLD HICKORY LLC; and THE 

REAL PROPERTY KNOWN AS 8438 OLD HICKORY TRAIL, DALLAS, TEXAS 

(hereinafter Defendants) and seeks temporary and permanent injunctive relief to stop the sale of 

dangerous synthetic drugs in order to protect the public as follows: 

I. DISCOVERY 

I. Plaintiff intends to conduct discovery under Level 2 ofTexas Rule ofCivil Procedure 190.3 

and affirmatively pleads that this case is not governed by the expedited-actions process in Texas 

Rule ofCivil Procedure 169 for the following reasons: 

1 

Plaintiff's Original Petition - Page 1 of 182

(a) 

(b) 

The relief sought includes non-monetary injunctive relief. 

The claims for monetary relief-including penalties, costs, expenses, consumer 

redress, and attorney fees-is in excess of$100,000. 

II. 

JURISDICTION AND STATUTORY AUTHORITY 

2. This enforcement action is brought by Attorney General Ken Paxton, through his 

Consumer Protection Division, in the name of the STATE OF TEXAS and in the public interest 

pursuant to the authority granted by § 17.47 of the Texas Deceptive Trade Practices-Consumer 

Protection Act, Tex. Bus. & Com. Code §§ 17.41-17.63 ("DTPA"), upon the ground that 

Defendants Mohamed Bakr and Abundant Retail, Inc. have engaged in false, deceptive, and 

misleading acts and practices in the course of trade and commerce as defined in, and declared 

unlawful by,§ 17.46(a) and (b) ofthe DTPA. In enforcement suits filed pursuant to§ 17.47 ofthe 

DTP A, the Attorney General is further authorized to seek civil penalties, redress for consumers, 

and injunctive relief. 

3. In addition this suit is brought by the Office of Attorney General, against Defendants, to 

enjoin and abate a common nuisance pursuant to Texas Civil Practice & Remedies Code 

§§ 125.001-125.047. Verification of the petition or proof of personal injury need not be shown 

by the State under Texas Civil Practice & Remedies Code§ 125.002(a). 

III. 

PUBLIC INTEREST AND NOTICE 

4. Plaintiff has reason to believe that Defendants have engaged in, and will continue to engage 

in the unlawful practices set forth in this petition. 

5. Plaintiff has reason to believe Defendants have caused and will cause immediate, 

irreparable injury, loss and damage to the State of Texas by selling synthetic cannabinoids to 

2 


consumers without disclosing that these substances are illegal and potentially dangerous to their 

health. Therefore, these proceedings are in the public interest. See DTPA § l 7.47(a). 

6. The conduct ofDefendants in selling controlled substances to consumers from retail stores 

is in violation of Chapter 481 of the Texas Health & Safety Code and constitutes a common 

nuisance as defined by Tex. Civ. Prac. & Rem. Code § 125.0015(4). Therefore, Defendants' 

conduct is subject to abatement under Tex. Civ. Prac. & Rem. Code§ 125.002. 

7. Pre-suit notice is not required under DTPA § l 7.47(a) because there is good cause to 

believe that such an emergency exists-due to the seriousness ofthe allegations and the danger to 

public health-that immediate and irreparable injury, loss, or damage would occur as a result of 

delay. Id. 

IV. 

VENUE 

8. Venue of this suit lies in Dallas County, Texas, under the DTPA § 17.47(b), for the 

following reasons: 

(a) 

(b) 

(c) 

The transactions forming the basis ofthis suit occurred in Dallas County, Texas. 

Defendants have done business in Dallas County, Texas. 

Defendants' principal places of business are in Dallas County, Texas. 

9. In addition, venue is mandatory in Dallas County under Texas Civil Practice & Remedies 

Code § 125 .002 because the nuisance to be enjoined is maintained by Defendants in Dallas County, 

Texas. 

V. TRADE AND COMMERCE 

I0. At all times described below, Defendants Mohamed Bakr and Abundant Retail, Inc. and 

their agents have engaged in conduct constituting "trade" and "commerce," defined in§ 17.45(6) 

ofthe DTP A, as follows: 

3 


"Trade" and "commerce" mean the advertising, offering for sale, sale, lease, or 

distribution of any good or service, of any property, tangible or intangible, real, 

personal, or mixed, and any other article, commodity, or thing of value, wherever 

situated, and shall include any trade or commerce directly or indirectly affecting 

the people ofthis state. 

VI. 

CLAIM FOR RELIEF 

11. Plaintiff seeks monetary relief.-including penalties, costs, expenses, consumer redress, 

and attorney fees-in excess of $100,000 and could exceed $1,000,000. Plaintiff also seeks 

nonmonetary, injunctive relief. 

VII. 

DEFENDANTS 

12. Defendant, MOHAMED BAKR is an individual residing in Dallas County. Defendant 

may be served with process at 6347 Lake Bluff Drive, Dallas, Texas 75249-3015, Dallas County 

or at his place of business 4041 W. Wheatland Rd., Suite 220, Dallas, Texas 75257 or wherever 

he may be found. 

13. Defendant, ABUNDANT RETAIL, INC. ("Abundant"), doing business as "HI 

FLAMEZ" is a Texas corporation that maintains a place ofbusiness in Dallas County at 4041 W. 

Wheatland Rd., Suite 220, Dallas, Texas 75237. Defendant may be served with process by serving 

its registered agent and president Mohamed Bakr, at 4041 W. Wheatland Rd., Suite 220, Dallas, 

Texas 75237, 6347 Bluff Drive, Dallas, Texas 75249-3015; or wherever he may be found. 

14. Defendant, 2010 HICKORY LLC is a Texas Limited Liability Company that maintains a 

place ofbusiness in Dallas County at 913 Horseshoe Bend, Richardson, Texas 75081. Defendant 

may be served with process by serving its registered agent, Bruce E. Turner at 1750 Valley View 

Lane, Suite 120, Dallas, Texas 75234. 

15. Defendant, THE REAL PROPERTY KNOWN AS 8438 OLD HICKORY TRAIL, 

DALLAS, TEXAS 72537-4074 is sued in rem. This property is owned by 2010 Old Hickory 

4 


LLC. Defendant may be served with process by serving its registered agent, Bruce E. Turner at 

1750 Valley View Lane, Suite 120, Dallas, Texas 75234. 

VIII. 

ACTS OF AGENTS 

16. Whenever in this petition it is alleged that Defendants Mohamed Bakr, Abundant Retail, 

Inc., 2010 Old Hickory LLC, or The Real Property Known as 8438 Old Hickory Trail, Dallas, 

Texas 75237-4074 did any act, it is meant that: 

(a) 

(b) 

the named Defendants performed or participated in the act, or 

the named Defendants' officers, successors in interest, agents, partners, trustees or 

employees performed or participated in the act on behalf ofand under the authority 

of one or more of the Defendants. 

IX. 

FACTUAL BACKGROUND 

A. Overview oftl1e Synthetic Marijuana Problem. 

17. Since 2010, the United States has experienced an epidemic of so-called designer drugs. 

Designer drugs are substances that mimic the effects of controlled substances such as marijuana, 

cocaine, and amphetamines, but their chemical structure has been modified so that their actual 

chemical composition is not banned as a controlled substance. The chemical structure of the 

designer drug is purposefully altered by designer drug manufacturers (often overseas) in order to 

attempt to circumvent controlled substance drug laws. 

18. Synthetic marijuana (also known as synthetic cannabinoids) is a designer drug, often 

manufactured overseas, that is marketed as a "safe" and "legal" alternative to marijuana. 1 

I Ex. I, DrugFacts: Synthetic Cannabinoids), NATIONAL INSTITUTE ON DRUG ABUSE (Revised November 2015), 

https://www.drugabuse.gov/publications/drugfacts/synthetic-cannabinoids. 

5 


Synthetic marijuana is not marijuana at all but a dried leafy substance that is sprayed with powerful 

man-made mind altering chemicals that are dangerous and highly addictive to the user. 2 It is these 

added chemicals that cause synthetic marijuana to be five to 200 times more potent than regular 

marijuana. 3 In essence, using synthetic cannabinoids is like playing Russian roulette. 4 Synthetic 

marijuana has no medical use. 5 It is consumed like marijuana in that the user generally smokes it 

in a bowl, bong, water pipe, or by rolling it into a cigarette. 6 The added chemicals are intended to 

mimic the biological effects of delta-9-tetrahydrocannabinol (THC), the main psychoactive 

ingredient in marijuana. 7 

19. Synthetic marijuana is often labeled innocently as "incense" and "potpourri" and the 

packaging may contain the statement "not for human consumption," although the intended purpose 

is in fact for the product to be consumed by a human. 8 Typically, it is sold in retail smoke shops 

or head shops in small colorful packets with names such as "Kush" or "Spice" or "K2" or "Scooby 

Snax" and can be bought for under $30 per packet. 9 The packaging is intended to target young 

2 

Ex. 1, p.1. 

3 

Ex. 2, Jacob Brooks, "Fort Hood drug expert: Smoking Spice like 'Russian roulette'", KDHNEWS.COM, (April 26, 

2015), http://kdhnews.com/military/fort-hood-drug-expert-smoking-spice-like-russian-roulette/article _ e88 l f850 

eba7-1 l e4-a0cb-Otb0ca7d2c08.html. 

4 

Ex. 2, p.2. 

5 

Ex. 3, 78 Fed. Reg. at 28,735-36. · 

6 

Ex. I, p. 2. 

7 

Id; Ex. 3, 78 Fed. Reg. at 28,736. 

8 

Ex. 4, Synthetic Drugs (a.k.a K2, Spice, Bath Salts, etc.), THE WHITE HOUSE: OFFICE OF NATIONAL DRUG CONTROL 

POLICY, http://www.whitehouse.gov/ondcp/ondcp-fact-sheets/synthetic-drugs-k2-spice-bath-salts (last visited 

October 24, 2016). 

9 

Ex. 3, 78 Fed. Reg. at 28,736; Ex. 5, Pedro Perez, Synthetic Drug Use on the Rise in Hidalgo County, Valley Town 

Crier (October 22, 2015), http://www.yourvalleyvoice.com/article/20151022/NEWS/l 5l 029836 

6 


people who may be afraid ofthe legal consequences and/or association with illegal drugs but want 

a "legal" high. 10 According to the Federal Drug Enforcement Agency, synthetic marijuana is the 

second most abused substance by high school seniors after marijuana itself. 11 

20. Poison Control Centers report 12 that users ofsynthetic marijuana report symptoms such as: 

• Severe paranoia, agitation and anxiety; 

• Psychotic episodes; 

• Racing heartbeat and high blood pressure (in a few cases associated with heart attacks); 

• Nausea and vomiting; 

• Muscle spasms, seizures and tremors; 

• Intense hallucinations; 

• Suicidal thoughts and other harmful thoughts and actions. 

21. The American Association of Poison Control Centers has reported thousands of instances 

of exposure to synthetic marijuana each year. 13 

In Texas, there has been an uptick in reported 

overdoses on synthetic marijuana. 14 

Throughout the United States, including Texas, reports of 

10 

Ex.2, p. 2; Ex. 4, p. 1. 

11 

Ex. 4. 

12 Ex. 6, The Dangers ofSynthetic Marijuana, TEXAS POISON CENTER NETWORK, http://poisoncontrol.org/the-dangersof-synthetic-marijuana 

(last visited May 24, 2016). 

13 

Ex. 6. 

14 

Ex. 7, David Winograd, Nearly I 20 People Overdose on Synthetic Marijuana in 5-Day Period, TIME (May 6, 2014), 

http://time.com/89835/synthetic-marijuana-overdoses-k2/; see also Ex. 8, Nestor Mato, Officials urge caution with 

synthetic marijuana-related hospital visits on the rise, ValleyCentral.com (October 2, 2015), 

http://valleycentral.com/news/local/officials-urge-caution-with-synthetic-marijuana-related-hospital-visits-on-therise.; 

Ex. 9, Lorenzo Zazueta-Castro, Spike in synthetic drug hospitalizations leads to public advisory, The Monitor 

(Oct. 21, 2016), http://www. themonitor.comlnews/local/spike-in-synthetic-drug-hospitalizations-leads-to-publ icadvisory/article 

_ cd98c348-7856-11 e5-a6dd-efc73fe621 t0.html; See also Ex. 10, Nicole Chavez and Samantha 

Matsumato, More than 300 sickened by synthetic drug K2 in recent spate (June 22, 2015), 

http://www.statesman.com/news/news/local/nearly-3 00-sickened-by-synthetic-drug-k2-in-recent/nmhtR/; Ex. 11, 

Ashley Johnson, Synthetic Marijuana Becomes Growing Concern in Houston Area, FOX 26 HOUSTON (March 12, 

7 


synthetic marijuana use have been linked to overdoses and other serious injuries, including bizarre 

and violent self-mutilations, and deaths: 

• 17-year old girl became paralyzed and permanently brain damaged from suffering multiple 

strokes and violent hallucinations after smoking synthetic marijuana. 15 

• Two students at Carroll High School, in Corpus Christi, Texas, were hospitalized after they 

experienced a reaction to synthetic marijuana. 16 

• Synthetic marijuana may have caused the death of a Corpus Christi man. 17 

• Two dozen people sent to hospital after a possible "bad" batch ofsynthetic marijuana. 18 

• 20 people in Austin were treated after consuming synthetic drugs. Police have received 

multiple reports of users high on synthetic marijuana standing in the middle of the street, 

disoriented, and with no recollection how they got there; 19 

• Synthetic marijuana is also blamed for the death ofa soldier from Fort Hood; 20 

2015), http://www.myfoxhouston.com/story/28416320/synthetic-marijuana-becomes-growing-concern-in-houstonarea. 

15 

Ex. 12, Teenage Girl Suffered Strokes, Brain Damage After Smoking Synthetic Marijuana, Fox NEWS (Feb. 5, 

2013), http://www.foxnews.com/health/2013/02/05/teenage-girl-suffered-strokes-brain-damage-after-smokingsynthetic-marijuana. 

16 

Ex. 13, Carroll Students Hospitalized After Reaction to Synthetic Marijuana, KiiiTV.com (updated May 6, 2013), 

http://www.kii itv .com/story/22082197 /carrol l-students-hospitalized-after-reaction-to-synthetic-marijuana. 

17 

Ex. 14, Synthetic Marijuana may have caused man's death, kztvlO.com (updated April 25, 2015), 

http://www.kztv 1O.com/story/28810028/synthetic-marijuana-may-have-caused-mans-death. 

18 

Ex. 15, Synthetic Marijuana Sends Two Dozen to Hospital, KiiiTV.com (updated April 15, 2015), 

http://www.kiiitv.com/story/28760374/synthetic-marijuana-sends-two-dozen-to-hospital. 

19 

Ex. 16, 20 people treated in latest round of K2 cases, KXAN.com (April 6, 2015), 

http://kxan.com/20 l 5/04/03/austin-medics-see-another-uptick-in-k2-cases/. 

20 

Ex. 17, Synthetic Pot Blamed for Death of U.S. Soldier Deployed to Ebola Zone, CBS NEWS (Apr. 17, 2015), 

http://www.cbsnews.com/news/synthetic-pot-blamed-for-death-of-fort-hood-soldier-deployed-to-ebola-zone/. 

8 


• Over 120 people in the Dallas area were reported to have overdosed on synthetic marijuana 

in a 5-day period; 21 

• A Mission man was sentenced to 17 years in prison for killing his uncle while under the 

influence of synthetic marijuana. 22 

• In Harlingen, 19-year-old Ezequiel Pena, was placed on life support after he collapsed 

while smoking the synthetic drug. 23 

• A local (Corpus Christi) family is still mourning the death oftheir 22 year old son, a victim 

ofsynthetic marijuana. 24 

B. Defendants Mohamed Bakr and Abundant Retail, Inc. Sell Synthetic Marijuana (also 

known as syntltetic cannahinoids) At "Hi Flamez" 8438 Old Hickory Trail #101, Dallas, 

Texas in Dallas County. 

22. Defendants Mohamed Bakr and Abundant Retail, Inc. own and operate the store known as 

"Hi Flamez" in Dallas County. Based upon Texas Comptroller sales tax reports, Secretary ofState 

filings, and Dallas County public records, assumed name records, the Defendants Mohamed Bakr 

and Abundant Retail, Inc. are currently doing business as Hi Flamez at 8438 Old Hickory Trail 

#101, Dallas, Texas in Dallas County. 25 Defendants Mohamed Bakr and Abundant Retail, Inc. 

operate another Hi Flamez store at 832 Holcomb Rd., Dallas, TX 75217. Defendant Mohamed 

21 

Ex. 7. 

22 

Ex. 18, Lorenzo Zazueta-Castro, Mission man sentenced to 17years in uncle's death, The Monitor (Sept. 24, 2015), 

http://www. them on itor.com/news/local/mission-man-sentenced-to-years-in-uncle-s-death/article _ e6a9326a-6324 

l l e5-9b0d-f.H8a3c086ed.html. 

23 

Ex. 6. 

24 

Ex. 19, The Deadly Consequences of Synthetic Marijuana, KiiiTV.com (March 28, 2016), 

http;//www .kii itv .com/story/31514956/the-deadly-consequences-of-synthetic-marij uana. 

25 

Ex. 20, Texas Secretary of State, certification of public documents; Ex. 21, Dallas County Clerk, Assumed Name 

Certificate, Hi Flamez; Ex. 22, Texas Comptroller of Public Accounts, Texas Sales Tax Permit to Abundant Retail, 

Inc. doing business as Hi Flamez. 

9 


Bakr, is the president and sole director of Abundant Retail, Inc. 26 

In addition to synthetic 

marijuana, the Hi Flamez Food Mart sells soft drinks, bread, cigarettes and miscellaneous 

household goods. 

26 

Ex. 20, Texas Secretary ofState, Certi ficate of Amendment of Abundant Retail, Inc. fi led March 15. 2013. 

10 


23. Defendant 2010 Old Hickory LLC owns the real property located at 8438 Old Hickory 

Trail, Dallas, 755237-4074. It is controlled by its manager and director, Sylvestor Iwotor. 27 

C. Undercover Buys ofSynthetic Marijuana at Defendants' Business. 

23. On May 25, 2016, Detective B. M. with the Narcotics Division of the Dallas Police 

Department conducted an undercover narcotics investigation that resulted in a controlled buy of 

four packages of synthetic marijuana from Hi Flamez weighing in total approximately 16 grams 

ofa green leafy substance. The Detective approached the sales clerk and asked ifhe had any Spice, 

referring to synthetic marijuana. The sales clerk reached under the counter and offered a white 

and silver package labeled White Tiger. The Detective requested four packages paying $10 per 

package for three packages· of White Tiger and one package of XXX totaling $40. The back of 

the White Tiger package included the words "Not for Human Consumption" and "This Product 

does not contain any prohibited ingredients." 28 

The packages were sent to the Southwestern 

Institute of Forensic Sciences in Dallas, Texas. The contents of one of the packages was tested. 

The testing revealed that the white and silver package labeled White Tiger contained the chemicals 

5-fluoro ADB: methyl (R)-2-(1-(5-fluoropentyl)-lH-indazole-3-carboxamido)-3,3 

dimethylbutanoate (a synthetic cannabinoid) and is a controlled substance, and a Penalty Group 

2-A drug, in accordance with the Texas Health and Safety Code Chapter 481.1031(b)(5). 29 

27 Ex. 23, Dallas County Clerk, Special Warranty Deed dated November 24, 2014; Ex. 24, Texas Secretary of State, 

certification ofpublic documents for 20 l 0 Old Hickory LLC. 

28 

Ex. 25, Detective B. M. affidavit. See Exhibit B. 

29 

Ex. 26, Southwestern Institute of Forensic Sciences, Drug Analysis Test Report- June 14, 2016. 

11 


24. On June 2, 201 6, Detective B. M. conducted another undercover buy of synthetic 

cannabinoids at Hi Flamez and asked the sales clerk, Jordan Price, to purchase '·freeze,'· referring 

to "BrainFreeze," a brand of synthetic cannabinoids. The Detective requested 12 packages but 

the sales clerk only offered 11 packages for sale. The Detecti ve paid $1 I 0.00 for the 11 packages. 

The money was placed beside the cash drawer, not inside the cash drawer. 

The packages were 

labeled as "Brai nf reeze potpourri" and as "Not for Human Consumption." 30 

The 11 packages 

contained 42 grams of a green leafy substance. The packages were sent to the Southwestern 

Institute of Forensic Sciences in Dallas, Texas. The contents of two of the packages were tested. 

The laboratory test revealed that the two tested packages labeled BrainFreeze contained the 

chemi cals MAB-CHIMINACA: N-( l-amino-3,3-dimethyl- J-oxobutan-2-yl)- l 

(cyclohexlmethyl)-1 H-indazole-3-carboxamide) (a synthetic cannabinoid) and is a controlled 

30 

Ex. 25, Detective B. M. affidavit. See Exh ibit D. 

12 


substance, and a Penalty Group 2-A drug in accordance with the Texas Health and Safety Code 

Chapter 481 .103 l(b)(5). 31 

25. On June 20, 2016, Detective B. M. conducted another undercover buy of synthetic 

cannabinoids at Hi Flamez. The Detecti ve requested $100 worth of Spice, referring to synthetic 

cannabinoids. 

The Detective paid Jordan Price $100.00 for the 10 packages and then paid an 

additional $10 fo r an additional package of Spice refening to synthetic cannabinoids. The 

packages were labeled as Kush Apple, 2.5 grams. On the back ofthe package, the main ingredients 

were listed as mullien !e at~ 

hops, lemon balm. Indian leaves, passion flower. and wild lettuce. 

Additional information on the package indicated the substance was, ·'Not Intended fo r l-luman 

Consumption" and "Lab certified: This product contains no prohibited chemicals or materials. 

Thi s product is legal for sale in all 50 states as of September 1, 201 1." The money was placed 

beside the cash drawer, not inside the cash drawer. 32 

The 11 packages contained 44 grams of a 

green leafy substance. The packages were sent to the Texas Southwestern Institute of Forensic 

3 1 

Ex. 27, Southwestern Institute of Forensic Sciences, Drug Analysis Test Report - June 30, 2016. 

32 

Ex. 25, Detecti ve B. M. affidavit. See Exhibit G. 

13 


Sciences in Da llas, Texas. The contents ofone ofthe packages were tested. The laboratory testing 

revealed that the package labeled Kush Apple contained the chemicals FUB-AMB: methyl (l-(4 

fluorobenzyl)-1 H-indazole-3-carbonyl)-L-valainate (a synthetic cannabinoid) and is a controlled 

substance, and a Penalty Group 2-A drug, in accordance with the Texas Health and Safety Code 

Chapter 481.103 1 (b)(5). 33 

26. On August I, 2016, Detecti ve B. M. conducted another undercover buy of synthetic 

cannabinoids at Hi Flarnez. The Detective asked the sales clerk, Reginald Dewayne Moss, if she 

could speak with another sales clerk, Ibrahima Samba Fall. She asked sales clerk Fall if she could 

purchase $500 w011h of spice, referring to synthetic cannabinoids. Detective B. M. specifically 

asked for BrainFreeze but Fall responded that he did not have Brainf reeze and showed her other 

types of synthetic marijuana that were held in a secured area. Detective B. M. purchased 7 

packages ofXXX-Platinurn, 24 packages ofHookah Blast, and 19 packages of777, 50 packages 

in total for $500. The labeling on the back of the 777 packages, indicated the substance was, '·Not 

Intended for Human Consumption·' and "Legal in 50 states does not contain any banned 

substances." 

The labeling on the back of the XXX packages, indicated the substance was, .. Not 

33 

Ex. 28, Southwestern Institute of Forensic Sciences, Drug Analysis Test Report - June 29, 20 16. 

14 


Intended for Human Consumption" and "this product complies with all federal and state 

legislation." The money was placed beside the cash drawer, not inside the cash drawer. 34 The 50 

packages contained 339.34 grams of plant material. 

The packages were sent to the Texas 

Southwestern Institute of Forensic Sciences in Dallas, Texas for testing. The contents of six 

packages were tested. The laboratory testing revealed that each ofthe six packages contained the 

chemicals FUB-AMB: methyl (1-( 4-fluorobenzyl)-l H-indazole-3-carbonyl)-L-valainate (a 

synthetic cannabinoid) and is a controlled substance, and a Penalty Group 2-A drug, in accordance 

with the Texas Health and Safety Code Chapter 481.103 l(b)(5). 35 

27. On August 4, 2016, the Narcotics Division of the Dallas Police Department, led by 

Detective B. M., executed a search warrant 36 for 8438 Old Hickory Trail #101, the location of Hi 

Flamez. They seized 171 packages of synthetic cannabinoids ( 1,184.1 grams) and five bags of 

Marijuana (7.5 grams). The 171 packages of synthetic cannabinoids seized included the brands 

BrainFreeze, 7 Hydro, Diablo, Dr. Feel Good, Super Strong, Kush, White Tiger, Cloud Potpourri, 

Deadman Walking, and Scooby Snax. 37 No packages listed synthetic cannabinoids as ingredients. 

The labeling on the packages state that the substances are: not for human consumption, legal in 50 

states, potpourri, incense, aroma therapy, for fragrance only, do not contain prohibited or banned 

substances. 38 The 171 packages contained 339.34 grams of plant material. The packages were 

sent to the Texas Southwestern Institute of Forensic Sciences in Dallas, Texas for testing. The 

34 

Ex. 25, Detective B. M. affidavit. See Exhibit l. 

35 

Ex. 29, Southwestern Institute of Forensic Sciences, Drug Analysis Test Report - Aug. 3, 20 I 6. 

36 

Ex. 25, Detective B. M. affidavit. See Exhibit J. 

37 

Ex. 25, Detective B. M. affidavit. See Exhibit K. 

38 

Ex. 25, Detective B. M. affidavit. See Exhibit L. 

15 


contents offourteen packages were tested. The laboratory testing revealed that each ofthe fourteen 

packages contained the chemicals FUB-AMB: methyl ( J-(4-tluorobenzyl)-lH-indazole-3 

carbonyl)-L-valainate (a synthetic cannabinoid) and/or the chemicals MAB-CHIMINACA: N 

Cl-amino-3,3-dimethyl-l-oxobutan-2-yl)-l-( cyclohexlmethyl)-1 H-i ndazole-3-carboxamide) (a 

synthetic cannabinoid) and is a controlled substance, and a Penalty Group 2-A drug, in accordance 

with the Texas Health and Safety Code Chapter 481.1031 (b)(5). 39 

28. Under Texas law, it is a crime to deliver or possess a synthetic cannabinoid, and synthetic 

cannabinoids are classified as Penalty Group 2-A drugs. Tex. Health & Safety Code§§ 481.1031, 

481.113, 481.11 61. The laboratory analysis in this case found that all samples tested contained 

the synthetic cannabinoid fluoro-ADB, fluoro-AMB, and MAB-CHININACA, Penalty Group 2 

A drugs. 40 

Also, fluoro-ADB and fluoro-AMB have been identified by Texas Department of 

Health & Human Services and the federal Drug Enforcement Administration (DEA) as a Schedule 

I controlled substance (the most dangerous). 38 Tex. Reg. 4928 (Aug. 2, 2013); 21 CFR part 1308. 

39 

Ex. 30, Southwestern Institute of Forensic Sciences, Drug Analysis Test Report - Sept. 16, 2016. 

40 

See Ex. 26, Ex 27, Ex. 28, Ex. 29, and Ex. 30. 

16 


A Schedule I drug is a drug or substance that i) has a high potential for abuse; ii) has no currently 

accepted medical use in treatment; and iii) there is a lack of accepted safety for use ofthe drug or 

other substance under medical supervision. Tex. Health & Safety Code § 481.035; 21 U.S.C 

§ 812. 

29. The Texas Legislature has recently amended the Penalty Group 2-A definition ofthe Texas 

Controlled Substances Act such that the compound of fluoro-ADB (Indazole, Methoxy dimethyl 

oxobutane, and Carboxamide) and fluoro-AMB (Indazol, Methyl methoxy oxobutane, and 

Carboxamide) MAB-CHIMINACA N-(l-amino-3, 3-dimethyl-l-oxobutan-2-yl) are within the 

structural classes defined by Penalty Group 2-A drugs. 41 

30. The Texas Legislature has also recently amended the DTPA to make it a per se DTPA 

laundry list violation to make a deceptive representation or designation about synthetic marijuana 

or cause confusion or misunderstanding as to the effects of synthetic marijuana when consumed 

or ingested. DTPA § l 7.46(b)(30). 

D. Defendants Mohamed Bakr andAbundant Retail, Inc. Have Engaged In False, Misleading 

and Deceptive Trade Practices while Defendants Mohamed Bakr, Abundant Retail, Inc., 

2010 Old Hickory LLC, and The Real Property Known as 8438 Old Hickory Trail, Dallas, 

Texas 75237-4074 Maintain a Common Nuisance. 

31. By selling, offering for sale, and distributing packages of synthetic marijuana, including 

"White Tiger," "XXX," "Brain Freeze," "Kush," and others, Defendants Mohamed Bakr and 

41 

Tex. Health & Safety Code § 481.1031 (b )(5): 

(b) Penalty Group 2-A consists of any material, compound, mixture, or preparation that contains 

any quantity of a natural or synthetic chemical substance, including its salts, isomers, and salts of 

isomers, listed by name in this subsection or contained within one of the structural classes defined 

in this subsection: 

(5) any compound containing a core component substituted at the I-position to any extent, and 

substituted at the 3-position with a link component attached to a group A component, whether or 

not the core component or group A component are further substituted to any extent, including ... :" 

17 


Abundant Retail, Inc. and their agents have, in the conduct oftrade and commerce, engaged in 

false, misleading, and deceptive acts and practices declared unlawful under the DTP A. See 

DTPA § 17.46(a). 

32. The packaging of the synthetic marijuana sold by Defendants Mohamed Bakr and 

Abundant Retail, Inc. is per se deceptive. The Defendants Mohamed Bakr and Abundant Retail, 

Inc. sold the synthetic marijuana in packaging as described above. The packaging often contains 

either no ingredient list or an incomplete list of ingredients and no warnings. There is no mention 

that the key ingredient, either fluoro-AMB or fluoro-ADB, or MAB-CHININACA were contained 

in the contents of the packages. The lack of identifying packaging is itself misleading due to its 

failure to disclose the dangers of the substance. By selling synthetic marijuana at their store, 

Defendants Mohamed Bakr and Abundant Retail, Inc. deliberately mislead consumers into 

believing that these products are "safe" and "legal." 

33. Defendant, Mohamed Bakr, himself, supplied the synthetic marijuana to the Hi Flamez 

Convenience store. In an interview with Dallas police on August 4, 2016, lbrahima Samba Fall, a 

store clerk, told police officers that Bakr delivered the synthetic marijuana to the store each 

morning in a plastic bag. 

Officer: "Now, uh, what else do you sell at that store?" 

lbrahima: "Uh, we sell, like the synthetic weed . . . what do they call it ..." 

0: "The what?" 

I: "K.2." 

0: "You sell the K2 there?" 

I: "Yeah." 

0: "What kind ofK2? 

18 


I: "I really don't know." 

0: What's the packaging? 

I: "Hmm?" 

0: "What packaging? ... Like ... uh, you sell the BrainFreeze?" 

I: "Yeah, I think ...that's uh, yeah." 

0: "The BrainFreeze?" 

I: "Yeah." 

0: "Where do they keep all that at?" 

I: "He usually bring like a small bag and sell it." 

0: "Who does?" 

I: "Huh?" 

0: "Who does?" 

I: "Him. Muhammed. The boss." 

0: "Muhammed brings the bag?" 

I: "Yeah he is the only one who brings it." 42 

34. Defendants Mohamed Bakr and Abundant Retail, Inc. knew or should have known the 

actual content of the products they are selling to consumers is illegal and dangerous, and they 

deliberately failed to disclose this information in order to induce consumers to buy the products. 

The suspicious circumstances ofthe sale ofthe synthetic marijuana by Defendants Mohamed Bakr 

and Abundant Retail, Inc. and their agents-delivering it to the store each morning in a trash bag, 

storing it in a secured area away from the store showroom, hiding it from view, keeping the money 

42 

Ex. 31. A CD-ROM containing a copy of the video of the interrogation will be hand-delivered to the court and 

served with the petition to defendants. 

19 


paid for the products separate from cash paid for other products - 

all confirm that Defendants 

Mohamed Bakr and Abundant Retail, Inc. and their agents knew or should have known that the 

product being sold is illegal and harmful to consumers. Unsuspecting consumers who purchase 

these products from Defendants Mohamed Bakr and Abundant Retail, Inc. are exposed to the 

physical dangers of fluoro-AMB and fluoro-ADB, and MAB-CHIMINACA as well as serious 

potential criminal liabilities. 

35. Defendants Mohamed Bakr, Abundant Retail, Inc., 2010 Old Hickory LLC, and The Real 

Property Known as 8438 Old Hickory Trail, Dallas, Texas 75237-4074 knowingly participated in 

and tolerated the illegal activity of selling, delivering, and possessing controlled substances at Hi 

Flamez, located at 8438 Old Hickory Trail #101, Dallas, Texas. Defendants have at all relevant 

times, directly or indirectly, been involved in the day-to-day operations and management of the 

8438 Old Hickory Trail #101, Dallas, Texas store, and on information and belief knowingly 

participated in and/or tolerated the illegal activities described herein. 

X. VIOLATION of COMMON NUISANCE CODE: TEX. CIV. PRAC. & REM. 

CODE §§ 125.001-125.047 

36. Plaintiff incorporates and adopts by reference the allegations contained in each and every 

preceding paragraph ofthis petition. 

37. Chapter 125 of the Texas Civil Practice & Remedies Code defines a common nuisance. 

Section 125.0015(a) states "[a] person who maintains a property to which persons habitually go 

for [certain] purposes and who knowingly tolerates the activity and furthermore fails to make 

reasonable attempts to abate the activity maintains a common nuisance." The purposes that give 

rise to a common nuisance include "delivery, possession, manufacture or use of a controlled 

substance in violation of Chapter 481 of the [Texas] Health & Safety Code." Tex. Civ. Prac. & 

Rem. Code§ 125.0015(a)(4). 

20 


38. Defendants' store, Hi Flamez, located at 8438 Old Hickory Trail #101, Dallas, Texas, 

constitutes a common nuisance under Tex. Civ. Prac. & Rem. Code § 125.0015(a)(4) because 

persons habitually go to this store to purchase and possess a controlled substance in violation of 

Chapter 481 of the Texas Health & Safety Code. Defendants own, maintain, operate, or use the 

stores, and knowingly tolerate the nuisance activity and further fail to make reasonable attempts 

to abate the nuisance activity. Tex. Civ. Prac. & Rem. Code §§ 125.002(b), 125.0015(a)(4). 

XI. VIOLATIONS OF THE DTPA: TEX. BUS. & COM. CODE§§ 17.41-17.63 

39. Plaintiff incorporates and adopts by reference the allegations contained in each and every 

preceding paragraph ofthis petition. 

40. Defendants Mohamed Bakr and Abundant Retail, Inc., as alleged and detailed above, have 

in the conduct oftrade and commerce, engaged in false, misleading, or deceptive acts or practices 

in violation of§ 17.46(a) of the Texas Business and Commerce Code. 

41. Defendants Mohamed Bakr and Abundant Retail, Inc., in the course and conduct of trade 

and commerce, have directly or indirectly engaged in false, misleading, and deceptive acts and 

practices declared to be unlawful by the DTP A by: 

(a) 

Causing confusion or misunderstanding as to the source, sponsorship, approval, or 

certification ofgoods or services, in violation ofDTPA, § 17.46(b)(2); 

(b) 

Causing confusion or misunderstanding as to affiliation, connection, or association 

with, or certification by, another, in violation of DTPA, § 17.46(b)(3); 

(c) 

Representing that goods or services have sponsorship, approval, characteristics, 

ingredients, uses, benefits, or quantities which they do not have, or that a person 

has a sponsorship, approval, status, affiliation, or connection which he does not 

have, in violation of DTPA, § 17.46(b)(5); 

21 


(d) 

Representing that goods or services are of a particular standard, quality, or grade, 

or that goods are of a particular style or model, if they are of another, in violation 

ofthe DTP A, § l 7.46(b )(7); 

(e) 

Failing to disclose information concerning goods or services which was known at 

the time ofthe transaction ifsuch failure to disclose such information was intended 

to induce the consumer into a transaction which the consumer would not have 

entered had the information been disclosed, in violation of the DTPA, 

§ l 7.46(b)(24); and 

(f) 

In the production, sale, distribution, or promotion of a synthetic substance that 

produces and is intended to produce an effect when consumed or ingested similar 

to, or in excess of, the effect of a controlled substance or controlled substance 

analogue, as those terms are defined by Section 481.002, Health and Safety Code: 

i) Making a deceptive representation or designation about the synthetic 

substance, in violation ofthe DTPA, § l 7.46(b)(30)(A), and 

ii) 

Causing confusion or misunderstanding as to the effects the synthetic 

substance causes when consumed or ingested, in violation of the DTP A, § 

l 7.46(b)(30)(B). 

XII. INJURY TO CONSUMERS 

42. By means of the foregoing unlawful acts and practices, Defendants Mohamed Bakr and 

Abundant Retail, Inc. have acquired money or other property from persons who were also suffered 

bodily harm or were exposed to potential bodily harm from the effects of synthetic marijuana. 

Likewise, Defendants Mohamed Bakr and Abundant Retail, Inc. have exposed consumers to 

potential bodily harm by exposing them to the effect of synthetic marijuana. 

22 


XIII. 

DISGORGEMENT 

43. All ofthe Defendants', Mohamed Bakr and Abundant Retail, Inc., assets are subject to the 

equitable remedy of disgorgement, which is the forced relinquishment of all benefits that would 

be unjust for Defendants Mohamed Bakr and Abundant Retail, Inc. to retain, including all illgotten 

gains and benefits or profits that result from Defendants Mohamed Bakr and Abundant 

Retail, Inc. putting fraudulently converted property to a profitable use. Defendants Mohamed Bakr 

and Abundant Retail, Inc. should be ordered to disgorge all monies fraudulently taken from 

individuals and businesses together will all ofthe proceeds, profits, income, interest and accessions 

thereto. Such disgorgement should be for the benefit of victimized consumers and the State of 

Texas. 

Plaintiffs further pray that the Court enjoin Defendants Mohamed Bakr and Abundant 

Retail, Inc. from transferring, moving, concealing, spending, or withdrawing funds derived from 

the sale of illegal controlled substances to the public. 

XIV. REPATRIATION OF ASSETS 

44. After due notice and a hearing, the court should order that all of Defendants' Mohamed 

Bakr's and Abundant Retail, Inc. 's assets situated outside the jurisdiction of this Court to be 

deposited into an appropriate financial institution within the jurisdiction ofthis Court. 

XV. APPLICATION FOR ASSET FREEZE TO PRESERVE DEFENDANTS ASSETS 

45. Plaintiff requests immediate relief by way of an Asset Freeze to preserve and protect the 

Defendants Mohamed Bakr's and Abundant Retail, Inc.'s assets from dissipation including but not 

limited to any accounts held in the names of Mohamed Bakr or Abundant Retail, Inc. so that the 

status quo can be preserved and the illegally gotten proceeds of the sale of synthetic marijuana 

cannot be reinvested to further benefit Mohamed Bakr and Abundant Retail, Inc. or be reinvested 

in the further sale ofsynthetic marijuana. Permitting Defendants Mohammed Bakr and Abundant 

23 


Retail, Inc. to keep the profits from these illegal sales would be to reward them for their illegal 

activities 

XVI. APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY 

INJUNCTION AND PERMANENT INJUNCTION PURSUANT TO DTPA AND 

COMMON NUISANCE: TEX. CIV. PRAC. & REM. CODE§§ 125.001-125.047 

46. Plaintiff has reason to believe that the Defendants Mohamed Bakr and Abundant Retail, 

Inc. are engaging in, have engaged in, or are about to engage in acts and practices declared to be 

unlawful under the DTP A. By offering synthetic marijuana for sale to the public, Defendants 

Mohamed Bakr and Abundant Retail, Inc. place consumers at risk for bodily harm. Plaintiff 

believes these proceedings to be in the public interest. Therefore, pursuant to DTPA § l 7.47(a). 

Plaintiff requests relief by way of a Temporary Restraining Order, Temporary Injunction, and 

Permanent Injunction as set forth in the Prayer. 

47. Further, pursuant to Chapter 125 of the Texas Civil Practice & Remedies Code, Plaintiff 

requests the Court enjoin Defendants Mohamed Bakr, Abundant Retail, Inc., 2010 Old Hickory 

LLC, and The Real Property Known as 8438 Old Hickory Trail, Dallas, Texas 75237-4074 from 

maintaining or participating in the common nuisance described herein, i.e., delivery and possession 

of controlled substances in violation of Chapter 481 of the Texas Health & Safety Code at Hi 

Flamez, located at 8438 Old Hickory Trail #101, Dallas, Texas, and order such requirements as to 

prevent the ongoing nuisance activity in Dallas County, Texas. 

Tex. Civ. Prac. & Rem. 

§ 125.002(b)(e). Under§ 125.002(a) ofthe Texas Civil Practice and Remedies Code. 

48. Plaintiff believes immediate injunctive relief by way of Temporary Restraining Order and 

Temporary Injunction is necessary to prevent continuing harm prior to trial. 

49. The Court shall issue such injunctive relief without requiring a bond from the Plaintiff. 

DTPA § 17.47(b); Tex. Civ. Prac. & Rem. Code§ 6.00l(a). 

24 


50. Plaintiff further requests the Court find Plaintiff is likely to succeed on the merits on its 

claim for common nuisance and include in the Court's temporary injunction order (i) reasonable 

requirements to prevent the use or maintenance of the property known as Hi Flamez at 8438 Old 

Hickory Trail #101, Dallas, Texas stores as a nuisance, and (ii) require that Defendants Mohamed 

Bakr, Abundant Retail, Inc., 2010 Old Hickory LLC, and The Real Property Known as 8438 Old 

Hickory Trail, Dallas, Texas 75237-4074 execute a bond of not less than $5,000 nor more than 

$10,000, payable to the State, with sufficient sureties and conditioned that Defendants Mohamed 

Bakr, Abundant Retail, Inc., 2010 Old Hickory LLC, and The Real Property Known as 8438 Old 

Hickory Trail, Dallas, Texas 75237-4074 will not maintain a common nuisance. Tex. Civ. Prac. 

& Rem. Code§ 125.045(a). 

XVII. REQUEST TO CONDUCT DISCOVERY PRIOR TO 

TEMPORARY INJUNCTION HEARING 

51. Plaintiff requests leave ofthis Court to conduct depositions of witnesses and parties prior 

to any scheduled Temporary Injunction Hearing and prior to Defendants' answer date. There are 

a number of witnesses who may need to be deposed prior to any scheduled injunction hearing. 

Any depositions, telephonic or otherwise, would be conducted with reasonable, shortened notice 

to Defendants and their attorneys. Also, Plaintiff request that the filing requirements for business 

records and the associated custodial affidavits be waived for purposes of all temporary injunction 

hearings. 

52. The following deposition notices are attached to this petition: 

(a) 

(b) 

(c) 

Deposition subpoena for Mohamed Bakr; 

Deposition subpoena for Sylvestor Iwotor; and 

Deposition notice for Breahna Giles. 

XVIII. 

TRIAL BY JURY 

25 


53. Plaintiff herein request a jury trial and tenders the jury fee to the Dallas County District 

Clerk's office, pursuant to Tex. R. Civ. P. 216 and the Tex. Gov't Code§ 51.604. 

XIX. CONDITIONS PRECEDENT 

54. All conditions precedent to Plaintiffs claims for relief have been performed or have 

occurred. 

XX. 

REQUEST FOR DISCLOSURE 

55. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendants disclose, 

within 50 days ofthe service ofthis request, the information or material described in Rule 194.2 

XXI. PRAYER 

56. Plaintiff prays that Defendants be cited according to law to appear and answer herein. 

57. Plaintiff prays that the TEMPORARY RESTRAINING ORDER be issued, and that after 

due notice and hearing, a TEMPORARY INJUNCTION be issued, and upon final hearing a 

PERMANENT INJUNCTION be issued, restraining, and enjoining Defendants, Defendants' 

officers, agents, servants, employees, attorneys-and any other person in active concert or 

participation with any or all Defendants-from engaging in the following acts or practices without 

further order of the Court at any of Defendants' locations including but not limited to 8438 Old 

Hickory Trail, Dallas, TX 75237 and 832 Holcomb Rd., Dallas, TX 75217:. 

(a) 

Transferring, concealing, destroying, or removing from the jurisdiction of this 

Court any books, records, documents, invoices or other written materialsincluding 

electronic documents-relating to the purchase and sale of synthetic 

cannabinoids that are currently or hereafter in any of the Defendants' possession, 

custody or control except in response to further orders or subpoenas in this cause; 

26 


(b) 

Selling or offering for sale controlled substances on Defendants' premises, 

including but not limited to synthetic substances containing fluoro - AMB, fluoro 

- ADB, and MAB-CHIMINACA; 

( c) Manufacturing, purchasing, delivering, offering for sale, holding, selling, or giving 

away any products containing controlled substances or synthetic cannabinoids, 

including but not limited to synthetic substances containing fluoro - AMB, fluoro 

- ADB, and MAB-CHIMINACA; 

(d) 

Manufacturing, purchasing, delivering, offering for sale, holding, selling, or giving 

away any product that is labeled "not for human consumption" or words to that 

effect when the purpose of the product is for consumers to inhale, ingest, or 

introduce the product into the human body to mimic the effects of controlled 

substances; 

( e) Manufacturing, purchasing, delivering, offering for sale, holding, selling, or giving 

away any product that is intended for human consumption and contains deceptive 

labeling that falsely implies the product is legal when it is not; 

(f) 

Representing, directly or indirectly, that goods have characteristics, ingredients, 

uses, or benefits, which they do not have by advertising, offering to sell, or selling 

any products labeled household products, such as potpourri, incense, or bath salts, 

when the products contain synthetic substances that mimic the effects of drugs 

and/or controlled substances; 

(g) 

Offering for sale or selling products that are false, misleading, or deceptive because 

of the lack a label with the name and address of the manufacturer, packer or 

27 


distributor, the ingredients, the net quantity ofcontents in terms ofweight or mass 

in both pound and metric units, and a statement of the identity of the commodity; 

(h) 

Offering for sale or selling products intended to serve as alternatives to controlled 

substances to stimulate, sedate, or cause hallucinations or euphoria when 

introduced into the body, such as through inhalation or ingestion; 

(i) 

Causing confusion or misunderstanding as to the source, sponsorship, approval, or 

certification of goods by advertising, offering to sell, or selling any products with 

synthetic substances that mimic the effects ofcontrolled substances; 

G) Failing to cooperate with authorized representatives of the State and the City Of 

Dallas Police Department, including law enforcement representatives, in locating 

and impounding all synthetic marijuana products in Defendants' custody, care and 

control or located on Defendants' premises, and preserving all documents related 

to purchase and sale of synthetic marijuana products in Defendants' custody, care 

or control; and 

(k) 

Failing to preserve video surveillance, ifany, ofthe Defendants' store premises and 

to maintain and operate video surveillance of the premises and provide copies of 

the video surveillance to Plaintiffs counsel upon request. 

58. Plaintiff, the State of Texas, further prays that this Court award judgment for the Plaintiff 

as follows: 

(a) Ordering Defendants Mohamed Bakr and Abundant Retail, Inc. to pay civil penalties 

to the State of Texas for each violation of the DTPA up to a total of $20,000 per each 

violation; 

28 


· (b) Ordering Defendants Mohamed Bakr and Abundant Retail, Inc. to disgorge all sums, 

monies, and value taken from consumers by means of deceptive trade practices, together 

with all proceeds, interest, income profits, and accessions thereto; making such 

disgorgement for the benefit ofvictimized consumers and Plaintiff; 

(c) 

Ordering an equitable lean and constructive trust on all of Defendants Mohamed 

Bakr' s and Abundant Retail, Inc.' s assets, personal property, and real property, and grant 

the State an interest in said assets and property; and 

(d) 

Ordering Defendants Mohamed Bakr' s and Abundant Retail, Inc.' s assets be 

repatriated into the jurisdiction ofthe Court. 

59. Plaintiff further prays that upon final hearing, that this Court order Defendants to pay 

Plaintiffs attorney fees and costs of court pursuant to Texas Government Code§ 402.006(c). 

60. Plaintiff further prays for recovery of reasonable attorneys' fees, investigative costs, court 

costs, witness fees, and deposition fees pursuant to Texas Civil Practice & Remedies Code 

§ 125.003(b),{d). 

61. Plaintiff further prays that this Court grant all other relief to which the Plaintiff, the State 

ofTexas, is entitled. 

Respectfully submitted, 

KEN PAXTON 

Attorney General ofTexas 

JEFFREY C. MATEER 

First Assistant Attorney General 

BRANTLEY ST ARR 

Deputy First Assistant Attorney General 

JAMES E. DA VIS 

Deputy Attorney General for Civil Litigation 

29 


DA YID TALBOT 

Chief: Consumer Protection Division 

PA TRICIA STEIN 

State Bar No. 24033222 

DANIEL STOCKTON 


Assistant Attorneys General 

Consumer Protection Division 

1412 Main Street, Suite 810 

Dallas, Texas 75202 

Phone: (2 14)969-7639,ext. 8816 

Facsimil e: (2 14) 969-7615 

patric ia.stc i nr iiloag. lcxas.gm· 

dan iel.stock t n n (a~ nag.tcxas.gov 

Attorneys for the State of Texas 

Verified Certificate of Counsel for Filing Ex Parte Temporary Restraining Order 

Pursuant to Dallas County Local Rule 2.02(b), I, Patricia Stein, Assistant Attorney 

General and counsel for Plaintiff, do hereby certify that to notify the opposing counsel in this 

matter would im pair or annul the court's power to grant relief because the subject matter of the 

application could not be accomp lished or property removed, secreted or destroyed, if notice 

were required. 

I further certify that to the best of my knowledge, the case in which the application is 

presented is not subject to transfer under Local Rule 1.06. 

~~ 

Patricia Stein, Affiant 

SWORN TO BEFORE ME, A D SUBSCRIBED ON TH E /[~ DAY OF January, 20 17. 

Notary without Bond 

30 


THE STATE OF TEXAS 

SUBPOENA FOR WITNESS DEPOSITION/SUBPOENA DUCES TECUM 

PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 176 

----- --- 

CAUSE NO. IN THE JUDICIAL DISTRICT COURT 

OF DALLAS COUNTY, TEXAS 

State of Texas vs. Mohamed Bakr; Abundant Retail, Inc. d.b.a Hi 

Flarnez; 20IO Old Hickory LLC; and The Real 

Property Known As 8438 Old Hickory Trail, 

Dallas, Texas 

Plaintiff 

Defendants 

TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER 

PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN 

TEXAS RULE OF CIVIL PROCEDURE 176.5. 

YOU ARE HEREBY COMMANDED to summon Mohamed Bakr who 

may be found at 6347 Lake Bluff Drive, Dallas, Texas 75249-3015 to appear 

before a Certified Court Reporter and Videographer at the offices of Office of the Attorney 

General- Consumer Protection Division located at 1412 Main Street, Suite 810 in the City 

of Dallas , Dallas County, Texas on the 19th day of January , 2017, at 10:00 a.m. , in 

order to give deposition as a witness on behalf of the Defendants in the above styled Civil Action 

and to attend from day to day until lawfully discharged. 

SAID ABOVE NAMED WITNESS IS FURTHER COMMANDED to produce at said 

time and place set forth above, the following books, papers, documents, or other tangible things, 

to wit: as stated in attached Exhibit A. 

FAILURE BY ANY PERSON without adequate excuse to obey a subpoena served on 

that person may be deemed a contempt of the court from which the subpoena is issued or a district 

court in the county in which the subpoena is served, and may be punished by fine or confinement 

or both. Tex. R. Civ. P. I 76.8(a). 

DO NOT FAIL to return this writ to said Court, with return thereon, showing the manner 

ofexecution. 

ISSUED this the 

Patricia Stein 

Assistant Attorney General 



214-969-7639 

Subpoena for Witness Deposition- Bakr 

State o/Texas v. Mohamed Bakr, et. al 

Page I of 5 


Issued at Request of Plaintiff: Patricia Stein, Assistant Attorney General 

Phone No.: (214) 969-7639 

Address: 1412 Main Street, Suite 810, Dallas, Texas 75202 


State ofTexas v. Mohamed Bakr, et. al 

Page 2 of 5 


SUBPOENA FOR WITNESS DEPOSITION/SUBPOENA DlJCES TECUM 

RETURN 

Came to hand the ___ day of_________, 2017, at o'clock .M. and 

executed the day of , 2017, at __ o'clock __.M. by delivering to 

the within named 

in person at 

--------- 

----------------- m __________ County, Texas, a true 

copy ofthis Subpoena, and tendering said witness the sum of 

By Deputy: 

Sheriff/Constable: 

---County, Texas 

OR 

By: ----- 

Person who is not a party to the suit, and is not less 

than 18 yrs. of age. 

ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS PER RULE 176.5 T.R.C.P. 

I, the undersigned witness named in the Subpoena acknowledge receipt of a copy thereo( and 

hereby accept service of the attached subpoena, and will appear in said court on said date and 

time directed in this subpoena. 

SIGNATURE OF WITNESS 

DATE 

****************************************************************************** 

Not executed as to the witness 

for the following reasons: _______ 

FEE FOR SERVICE OF SUBPOENA 

Subpoena for Witness Deposition- Bakr Page 3 of 5 

State ofTexas v. Mohamed Bakr. et. al 


EXHIBIT A 

DEFINITIONS AND INSTRUCTIONS 

1. "You," "Yours," and "the Defendant," refer to Mohamed Bakr and any partnerships or 

corporations wholly or partially owned by any Defendant and their subsidiaries, merged or 

acquired predecessors; affiliates; successors; divested facilities; divisions, or subsidiaries; present 

and former partners, officers, agents, employees; and all persons acting or purporting to act on 

behalf of Defendant or persons exercising or purporting to now or at one time exercise 

discretion, make policy and decisions, or participate in any of the foregoing functions on behalf 

of Defendant. 

2. The terms "document" or "documents" means and includes all originals and non-identical 

copies of any papers, books, accounts, writings, drawings, graphs, charts, photographs, phono 

records, recordings, other date compilations from which information can be obtained and 

translated, if necessary, by you through detection devices into reasonably usable form. This term 

shall include, but not be limited to handwritten, typewritten, photographic, recorded and printed 

material, photocopies, electronic mail, microfilm, microfiche, magnetic tapes or computer files. 

3. "Related to," "Relating to" and "evidencing" means and includes any and all information 

that in any manner or form is relevant in any way to the subject matter in question, including 

without limitation, all information that, directly or indirectly, contains, records, reflects, 

summarizes, evaluates, refers to, indicates, comments upon or discusses the subject matter or that 

in any manner states the background of, or were the basis or bases tor, or that record, evaluate, 

comment upon, relate to, or were referred to, relied upon, utilized, generated, transmitted, or 

received in arriving at your conclusions(s), opinion(s), estimate(s), position(s), decisions(s), 

beliei~s), or assertion(s) concerning the subject matter in question. 

4. "Bank records'' are defined as monthly bank statements and cancelled checks. 

5. "Financial records" include but are not limited to credit card account statements and any 

account statements relating to any financial transactions. 

6. "Possession, custody and control" means possession, custody and control, including 

constructive possession, such that the witness need not have actual physical possession of the 

document or thing, as long as the witness has a right (superior to that of the requesting party) to 

compel the production from a third party entity (including an agency, subsidiary, division, 

authority or representative) having physical possession of the item. 

7. Ifthe requested information is stored only on software or otherwise is "computer-based 

information," you are directed either to produce the raw data along with codes and programs 

necessary for translating it into usable form by The OHice of the Attorney General of Texas, or 

to produce the information in a finished usable form. In either case, you must include all 

necessary glossaries, keys, indices, and software necessary for interpretation of the material. 

8. As used herein, the words "and" and "or" shall be construed either conjunctively or 

disjunctively, as required by the context to bring within the scope of these requests for 


Stale ofTexas v. Mohamed Bakr. el. al 

Page 4 of5 


production any answer, response or document that might be deemed outside its scope by another 

construction. 

9. "Consumer" means an individual, partnership, corporation, or entity of any kind, 

including this state, or a subdivision or agency of this state who seeks or acquires, by purchase or 

lease, any goods or services; 

10. Document Destruction. It is requested that all documents, electronic data and/or other 

data compilations that might substantially bear on the subject matter of this litigation be 

preserved and that any ongoing process of document/data destruction involving such documents 

and/or data cease. In those instances where document destruction has already taken place, it is 

requested that the destroyed and/or purged documents and/or electronic data information that 

would have been relevant to the following discovery requests but for their destruction be 

"identified" as well as the date of destruction and the individual authorizing, ordering and/or 

carrying out the destruction. This request similarly pertains to all relevant documents that come 

into your possession after this date this request is served. 

DOCUMENTS TO BE PRODUCED 

1. Copies of any W-2 forms you received as a result of service provided to Abundant Retail, 

Inc. since January 2013. 

2. Copies of all documents representing any distributions you received from Abundant 

Retail, Inc. since January 2013. 

3. Copies of U.S Federal Income Tax Returns f

THE STATE OF TEXAS 

SUBPOENA FOR WITNESS DEPOSITION/SUBPOENA DUCES TECUM 

PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 176 

CAUSE NO.----- IN THE .JUDICIAL DISTRICT COURT 

OF DALLAS COUNTY, TEXAS 

State of Texas vs. Mohamed Bakr; Abundant Retail, Inc. d.b.a Hi 

Flamez; 2010 Old Hickory LLC; and The Real 

Property Known As 8438 Old Hickory Trail, 

Dallas, Texas 

Plaintiff 

Defendants 

TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER 

PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN 

TEXAS RULE OF CIVIL PROCEDURE 176.5. 

YOU ARE HEREBY COMMANDED to summon Sylvester Iwotor who 

may be found at 913 Horseshoe Bend, Richardson, Texas 75081 to appear 

before a Certified Court Reporter and Videographer at the offices of Office of the Attorney 

General- Consumer Protection Division located at 1412 Main Street, Suite 810 in the City 

of Dallas , Dallas County, Texas on the 20 1 1i day of .January , 2017, at 11 :00 a.m. , in 

order to give deposition as a witness on behalf of the Defendants in the above styled Civil Action 

and to attend from day to day until lawfully discharged. 

SAID ABOVE NAMED WITNESS IS FURTHER COMMANDED to produce at said 

time and place set forth above. the f()IJowing books, papers. documents, or other tangible things, 

to wit: as stated in attached Exhibit A. 

FAILURE BY ANY PERSON without adequate excuse to obey a subpoena served on 

that person may be deemed a contempt ofthe court from which the subpoena is issued or a district 

court in the county in which the subpoena is served, and may be punished by fine or confinement 

or both. Tex. R. Civ. P. I 76.8(a). 

of execution. 

DO NOT FAIL to return this writ to said Court, with return thereon, showing the manner 

ISSUED this the~~ 

Patricia 


I 412 Main Street. Suite 810 


214-969-7639 

Subpoena for Witness Deposition- lwotor Page l of 5 

State oj'Texas v. Mohamed Bakr, et. al 


Issued at Request of Plaintiff: Patricia Stein, Assistant Attorney General 

Phone No.: (214) 969-7639 

Address: 1412 Main Street Suite 810, Dallas, Texas 75202 

Subpoena for Witness Deposition- Iwotor 

State of'Texas v. Mohamed Bakr. et. al 

Page 2 of 5 


SUBPOENA FOR WITNESS DEPOSITION/SUBPOENA DlJCES TECUM 

RETURN 

Came to hand the ---day of --- ___, 2017, at o'clock .M. and 

. 

executed the day of __, 2017, at ____ o'clock __.M. by delivering to 

the within named 

------------- in person at ________ 

_________________ 111 ___________ County, Texas, a true 

copy of this Subpoena, and tendering said witness the sum of 

By Deputy: 

Sheriff/Constable: 

________ County, Texas 

OR 

By: 

----- 

Person who is not a party to the suit, and is not less 

than 18 yrs. of age. 

ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS PER RULE 176.5 T.R.C.P. 

I, the undersigned witness named in the Subpoena acknowledge receipt of a copy thereoC and 

hereby accept service of the attached subpoena, and will appear in said court on said date and 

time directed in this subpoena. 

SIONA TURE OF WITNESS 

DATE 

****************************************************************************** 

Not executed as to the witness 

------------- 

for the following reasons: ________ 

-------------------------------· 

FEE FOR SERVICE OF SUBPOENA 

Subpoena for Witness Deposition- lwotor 

S'tate of'Texas v. Mohamed Bakr, et. al 

Page 3 of5 


EXHIBIT A 

DEFINITIONS AND INSTRUCTIONS 

1. "You" and "Yours" refer to Sylvester Iwotor and any partnerships or corporations wholly 

or partially owned by Sylvester Iwotor and his subsidiaries, merged or acquired predecessors; 

affiliates; successors; divested facilities; divisions, or subsidiaries; present and former partners, 

officers, agents, employees; and all persons acting or purporting to act on behalf of Sylvester 

Iwotor or persons exercising or purporting to now or at one time exercise discretion, make policy 

and decisions, or participate in any of the f()regoing functions on behalf of Sylvester lwotor. 

2. "The Defendant" refers to Mohamed Bakr and any partnerships or corporations wholly or 

partially owned by Mohamed Bakr and his subsidiaries, merged or acquired predecessors; 

affiliates; successors; divested facilities; divisions, or subsidiaries: present and former partners, 

officers, agents, employees; and all persons acting or purporting to act on behalf of Mohamed 

Bakr or persons exercising or purporting to now or at one time exercise discretion, make policy 

and decisions, or participate in any of the foregoing functions on behalf of Mohamed Bakr. 

3. The terms "document" or "documents" means and includes all originals and non-identical 

copies of any papers, books, accounts, writings, drawings, graphs, charts, photographs, phono 

records, recordings, other date compilations from which information can be obtained and 

translated, if necessary, by you through detection devices into reasonably usable form. This term 

shall include, but not be limited to handwritten, typewritten, photographic, recorded and printed 

material, photocopies, electronic mail, microfilm, microfiche, magnetic tapes or computer files. 

4. "Related to," "Relating to" and "evidencing" means and includes any and all information 

that in any manner or form is relevant in any way to the subject matter in question, including 

without limitation, all information that, directly or indirectly, contains, records, reflects, 

summarizes, evaluates, refers to, indicates, comments upon or discusses the subject matter or that 

in any manner states the background oL or were the basis or bases for. or that record, evaluate, 

comment upon, relate to, or were referred to, relied upon, utilized, generated, transmitted, or 

received in arriving at your conclusions(s), opinion(s), estimate(s), position(s), decisions(s), 

beliet{s), or assertion(s) concerning the subject matter in question. 

5. "Possession, custody and control" means possession, custody and control, including 

constructive possession, such that the witness need not have actual physical possession of the 

document or thing, as long as the witness has a right (superior to that of the requesting party) to 

compel the production from a third party entity (including an agency, subsidiary, division, 

authority or representative) having physical possession of the item. 

6. Ifthe requested information is stored only on soHware or otherwise is "computer-based 

information," you are directed either to produce the raw data along with codes and programs 

necessary for translating it into usable form by The Office of the Attorney General of Texas, or 

to produce the information in a finished usable form. In either case, you must include all 

necessary glossaries, keys, indices, and software necessary for interpretation of the material. 

7. As used herein, the words "and" and "or" shall be construed either conjunctively or 

Subpoena for Witness Deposition- lwotor Page 4 of 5 

State o/Texas v. Mohamed Bakr. el. al 


disjunctively, as required by the context to bring within the scope of these requests for 

production any answer, response or document that might be deemed outside its scope by another 

construction. 

8. "Consumer'' means an individual, partnership, corporation, or entity of any kind, 

including this state, or a subdivision or agency of this state who seeks or acquires, by purchase or 

lease, any goods or services; 

9. Document Destruction. It is requested that all documents, electronic data and/or other 

data compilations that might substantially bear on the subject matter of this litigation be 

preserved and that any ongoing process of document/data destruction involving such documents 

and/or data cease. In those instances where document destruction has already taken place, it is 

requested that the destroyed and/or purged documents and/or electronic data information that 

would have been relevant to the following discovery requests but for their destruction be 

"identified" as well as the date of destruction and the individual authorizing, ordering and/or 

can-ying out the destruction. This request similarly pertains to all relevant documents that come 

into your possession after this date this request is served. 

DOCUMENTS TO BE PRODUCED 

l. Copies of all documents representing any distributions you received from Abundant 

Retail, Inc. since January 2013. 

2. Copies of all documents reflecting the transfer of money between you and Abundant 

Retail, Inc.; and/or Mohamed Bakr from January 2013 to present in your possession or 

subject to your control. 

3. Copies ofall documents reflecting the transfer of money between 20 IO Old Hickory LLC 

and Abundant Retail, Inc.; and/or Mohamed Bakr from January 2013 to present in your 

possession or subject to your control. 

4. Copies of all documents related to any agreement or contract between you and Abundant 

Retail, Inc.; and/or Mohamed Bakr from January 2013 to present in your possession or 

subject to your control. 

5. Copies of all documents related to any agreement or contract between 2010 Old Hickory 

LLC and Abundant Retail, Inc.; and/or Mohamed Bakr from January 2013 to present in 

your possession or subject to your control. 

Subpoena for Witness Deposition- lwotor 

State

STATE OF TEXAS, § IN THE DISTRICT COURT 

s 

Plaintiff § 

§ 

V. § 

§ 

§ 

MOHAMED BAKR; 

ABUNDANT RETAIL, INC. d.b.a. HI § DALLAS COUNTY, TEXAS 

FLAMEZ; 2010 OLD HICKORY LLC; § 

and THE REAL PROPERTY § 

KNOWN AS 8438 OLD HICKORY § 

TRAIL DALLAS, TEXAS 

s s 

s 

§ 

Defendants s JUDICIAL DISTRICT -- 

PLAINTIFF'S NOTICE OF DEPOSITION OF BREAHNA GILES 

TO: 

Breahna Giles 

PLEASE TAKE NOTICE that, pursuant to Rule 199.2 of the Texas Rules of Civil 

Procedure, the State of Texas will take the oral deposition of BREAHNA GILES to be used as 

evidence at the trial ofthis cause concerning the topics set forth below. The deposition will be held 

on Tuesday , the 17th day of January at _!.Q_:J!Q_ _JL.m. at the offices of Office of the 

Attorney General, 1412 Main Street, Suite 810, Dallas, Texas 75202 . The deposition will 

continue from day to day until completed. The deposition will be recorded stenographically and 

on videotape. The stenographic recording and video recordings will be conducted by Integrity 

Legal Supp01i Solutions. All parties are invited to attend and examine the witness as prescribed by 

the Texas Rules of Civil Procedure. 

Respectfully submitted, 

KEN PAXTON 

Attorney General ofTexas 

State of Texas v. Mohamed Bakr, et. al 

PlaintifT's 1Votice of'Deposition ofBreahna Giles 

Page I or2 


JEFFREY C. MATEER 

First Assistant Attorney General 

BRANTLEY ST ARR 

Deputy First Assistant Attorney General 

JAMES E. DA VIS 

Deputy Attorney General for Civil Litigation 

DA YID TALBOT 

Chief: Consumer Protection Division 

PA TRICIA STEIN 



Consumer Protection Division 



Phone: (214) 969-7639, ext. 8816 

Facsimile: (214) 969-7615 

patricia.stein@oag.texas.gov 

Attorneys for the State of Texas 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing is being served with the Original 

Petition on all Defendants. 

Patricia Stein 

State of Texas v. Mohamed Bakr, et. al 

P!aintif(s Notice ofDeposition o(Breahna Giles 

Page 2 of2 


DrugFacts: Synthetic Cannabinoids I National Institute on Drug Abus... https://www.drugabuse.gov/publications/drugfacts/synthetic-cannabinoids 

Home » Publications » DrugFacts » Synthetic Cannabinoids 

DrugFacts: Synthetic Cannabinoids 

Print 

Revised November 2015 

What are synthetic cannabinoids? 

Synthetic cannabinoids refer to a growing number of man-made mind-altering chemicals that 

are either sprayed on dried, shredded plant material so they can be smoked (herbal incense) 

or sold as liquids to be vaporized and inhaled in e-cigarettes and other devices (liquid incense). 

These chemicals are called cannabinoids because ~hey are related to chemicals found in the 

marijuana plant. Because of this similarity, synthetic cannabinoids are sometimes misleadingly 

called "synthetic marijuana" (or "fake weed"), and they are often marketed as "safe," legal 

alternatives to that drug. In fact, they may affect the brain much more powerfully than 

marijuana; their actual effects can be unpredictable and, in some cases, severe or even 

life-threatening. 

False Advertising 

Synthetic cannabinoid products are often labeled "not for human consumption." Labels 

also often claim that they contain "natural" material taken from a variety of plants. 

However, the only parts of these products that are natural are the dried plant materials. 

Chemical tests show that the active, mind-altering ingredients are cannabinoid compounds 

made in laboratories. 

Synthetic cannabinoids are included in a group of drugs called "new psychoactive substances" 

(NPS). NPS are unregulated psychoactive (mind-altering) substances that have become newly 

available on the market and are intended to copy the effects of illegal drugs. Some of these 

substances may have been around for years but have reentered the market in altered chemical 

forms or due to renewed popularity. 

I of 5 

Plaintiff's Original Petition - Page 43 of 182 

EXHIBIT 

1 

5/23/2016 l :05 PM

DrugFacts: Synthetic Cannabinoids INational Institute on Drug Abus... https://www.drugabuse.gov/publications/drugfacts/synthetic-cannabinoids 

Manufacturers sell these herbal incense products in colorful foil packages and sell similar liquid 

incense products, like other e-cigarette fluids, in plastic bottles. They market these products 

under a wide variety of specific brand names; in past years, K2 and Spice were common. 

Hundreds of other brand names now exist, such as Joker, Black Mamba, Kush, and Kronic. 

For several years, synthetic cannabinoid mixtures have been easy to buy in drug paraphernalia 

shops, novelty stores, gas stations, and through the Internet. Because the chemicals used in 

them have a high potential for abuse and no medical benefit, authorities have made it illegal to 

sell, buy, or possess some of these chemicals. However, manufacturers try to sidestep these 

laws by changing the chemical formulas in their mixtures. 

Easy access and the belief that synthetic cannabinoid products are "natural" and therefore 

harmless have likely contributed to their use among young people. Another reason for their 

use is that standard drug tests cannot easily detect many of the chemicals used in these 

products. 

How do people use synthetic 

cannabinoids? 

Users usually smoke the dried plant material sprayed with 

synthetic cannabinoids. Sometimes they mix the sprayed 

plant material with marijuana, or they brew it as tea. Other 

users buy synthetic cannabinoid products as liquids to 

vaporize them in e-cigarettes. 

How do synthetic cannabinoids affect 

the brain? 

Synthetic cannabinoids act on the same brain cell receptors as delta-9-tetrahydrocannabinol 

(THC), the mind-altering ingredient in marijuana. 

So far, there have been few scientific studies of the effects of synthetic cannabinoids on the 

human brain, but researchers do know that some of them bind more strongly than marijuana 

to the cell receptors affected by THC, and may produce much stronger effects. The resulting 

health effects can be unpredictable. 

Because the chemical composition of many synthetic cannabinoid products is unknown and 

may change from batch to batch, these products are likely to contain substances that cause 

2 of 5 512312016 I :05 PM 


DrugFacts: Synthetic Cannabinoids I National Institute on Drug Abus ... https://www.drugabuse.gov/publications/drugfacts/synthetic-cannabinoids 

dramatically different effects than the user might expect. 

Synthetic cannabinoid users report some effects similar to those produced by marijuana: 

• elevated mood 

• relaxation 

• altered perception-awareness of surrounding objects and conditions 

• symptoms of psychosis-delusional or disordered thinking detached from reality 

Psychotic effects include: 

• extreme anxiety 

• confusion 

• paranoia-extreme and unreasonable distrust of 

others 

• hallucinations-sensations and images that seem real 

though they are not 

Fote, © iStock.corry'trendobjects 

What are some other health effects of synthetic 

cannabinoids? 

People who have used synthetic cannabinoids and have been taken to emergency rooms have 

shown severe effects including: 

• rapid heart rate 

• vomiting 

• violent behavior 

• suicidal thoughts 

Synthetic cannabinoids can also raise blood pressure and cause reduced blood supply to the 

heart, as well as kidney damage and seizures. Use of these drugs is associated with a rising 

number of deaths. 

3 of 5 Plaintiff's Original Petition - Page 45 of 182 

5/23/2016 1:05 PM


Are synthetic cannabinoids addictive? 

Yes, synthetic cannabinoids can be addictive. Regular 

users trying to quit may have the following withdrawal 

symptoms: 

• headaches 

• anxiety 

• depression 

Foto, Hurnannet/©Shutterstock 

• irritability 

Behavioral therapies and medications have not specifically been tested for treatment of 

addiction to these products. 

Points to Remember 

• Synthetic cannabinoids refer to a growing number of man-made mind-altering 

chemicals sprayed on dried, shredded plant material or vaporized to get high. 

• Synthetic cannabinoids are sometimes misleadingly called "synthetic marijuana" (or 

"fake weed") because they act on the same brain cell receptors as delta- 

9-tetrahydrocannabinol, the mind-altering ingredient in marijuana. 

• The effects of synthetic cannabinoids can be unpredictable and severe or even 

life-threatening. 

• The only parts of synthetic cannabinoid products that are "natural" are the dried plant 

materials. Chemical tests show that their active ingredients are man-made 

cannabinoid compounds. 

• Synthetic cannabinoid users report some effects similar to those produced by 

marijuana: 

• elevated mood 

• relaxation 

• altered perception 

• symptoms of psychosis 

• Synthetic cannabinoids can also cause serious mental and physical health problems 

including: 


5/23/2016 I :05 PM


• rapid heart rate 

• vomiting 

• violent behavior 

• suicidal thoughts 

• Synthetic cannabinoids can be addictive. 

• Behavioral therapies and medications have not specifically been tested for treatment 

of addiction to these products. 

Learn More 

For more information about synthetic cannabinoids, visit: 

0 www.dea.gov/drug info/drug data sheets/K2 Spice.pdf 

This publication is available for your use and may be reproduced in its entirety without 

permission from NIDA. Citation of the source is appreciated, using the following language: 

Source: National Institute on Drug Abuse; National Institutes of Health; U.S. Department 

of Health and Human Services. 

This page was last updated November 2015 

NIH...Turning Discovery Into Health® 

Ill)} (;!/. -LfsA..gov 


512312016 I:05 PM

Fort Hood drug expert: Smoking Spice like 'Russian roulette' - The Ki. .. http://kdhnews.com/military/fort-hood-drug-expert-smoking-spice-lik ... 

Fort Hood drug expert: Smoking Spice like 

'Russian roulette' 

Jacob Brooks I Herald staff writer I Posted: Sunday, April 26, 2015 4:30 am 

When a Fort Hood soldier on emergency leave from 

the Ebola-infected West African nation of Liberia 

dropped dead Jan. 13 in a Killeen yard, officials 

reacted as if the deadly disease had potentially come 

to town. 

Investigators, wearing full hazmat suits, carefully 

combed the death scene on the 3300 block of 

Cantabrian Drive where the body of Spc. Kendrick 

Vernell Sneed was found. 

His body was quickly taken to Fort Hood's Carl R. 

Darnall Army Medical Center, where two tests 

returned a negative result for Ebola. But even with 

the deadly virus ruled out, officials said they still 

could not determine a cause of death. 

Spc. Kendrick Vernell Sneed 

Justice of the Peace Bill Cooke initially ordered an autopsy at the Institute of Forensic Sciences in 

Dallas; however, because of the possible health risks and a reported "lack of local facilities," Sneed's 

autopsy was completed by the Armed Forces Medical Examiner. 

While the Ebola concerns were unproven, the real cause of Sneed's death was lying a few feet away 

in that front yard: A package of synthetic marijuana, also known as Spice. 

Sneed's cause and manner of death, as listed on the military medical examiner's report: "synthetic 

cannabinoid intoxication" an "accident." 

Sneed "was found deceased on his front porch with a lighter in his right hand and a pack of 

suspected Spice on the ground nearby," according to the report released April 16. 

Retired Sgt. Maj. Ron Smiley, who now works as a prevention coordinator at Fort Hood's Army 

Substance Abuse Program, said he's never heard of another soldier dying from Spice, however, 

synthetic marijuana can be "five to 200 times" more potent than regular marijuana. 

A wild card 

I of3 

The drug has been known to raise blood pressure and cause seizures, abdominal pain and heart 

damage, he said. 


EXHIBIT 

2 

5/23/2016 3:43 PM

Fort Hood drug expert: Smoking Spice like 'Russian roulette' - The Ki.. . http://kdhnews.com/military/fort-hood-drug-expert-smoking-spice-lik ... 

Moreover, each bag of synthetic marijuana can have a different concentration or potency, resulting in 

different reactions by users. 

"It's like Russian roulette," Smiley said. "You never know what you're getting." 

Synthetic marijuana, like regular marijuana, cocaine and other controlled substances, is illegal in the 

Army, and can result in soldiers getting discharged from the military for smoking or possessing it, no 

matter the amount. 

While the Army doesn't keep track of how many soldiers are booted out every year for synthetic 

marijuana, Fort Hood said 129 local soldiers were discharged in the last six months due to controlled 

substance violations. 

Fort Hood spokesman Tyler Broadway said that's about the same amount of soldiers booted out 

during the same time frame a year ago. 

The maximum punishment for a soldier found using or in possession of synthetic marijuana, or any 

other illicit drug, is two years in prison, reduction in rank to private and a dishonorable discharge, 

Fort Hood officials said. 

Prohibition of marijuana 

Synthetic marijuana has been banned in all 50 states since 2011, according to the National 

Conference of State Legislatures, a bipartisan organization that researches policy information for 

state governments. 

"Synthetic cannabinoids are chemically engineered substances similar to tetrahydrocannabinol, the 

active ingredient in marijuana," according to the NCSL website. "When smoked or ingested, the 

high can mimic that of marijuana but also can result in more severe reactions. 

"The substances are sprayed on dried herbs and marketed and sold in local convenience stores or on 

the Internet under names like Spice, K2 or Genie." 

Fort Hood has its own policy on synthetic marijuana and similar drugs, with the latest version signed 

into effect Dec. 15 by III Corps and Fort Hood commander Lt. Gen. Sean Macfarland. 

"There is a disturbing trend of increased abuse of substances which are capable of producing 

profound psychotropic and other harmful effects on the body," the policy states. "The use of these 

substances is detrimental to good order and discipline, mission readiness and the overall 

effectiveness of this command and its soldiers and civilians." 

The policy also bans bath salts, synthetic cocaine and several plant varieties, such as jimson weed. 

Use surged in 2011 

Smiley said use of synthetic marijuana seemed to peak in 2011, the same year it became illegal in 


5/23/2016 3:43 PM

Fort Hood drug expert: Smoking Spice like 'Russian roulette' - The Ki.. . http://kdhnews.com/military/fort-hood-drug-expert-smoking-spice-lik ... 

Texas. 

"Right now, we don't see a lot of cases on Fort Hood," said Smiley, adding alcohol, regular 

marijuana and cocaine are all bigger problems on post. 

Still, Spice continues to creep its way into the possession of soldiers. 

Synthetic marijuana can be traced in random drug tests soldiers are required to take. More often, 

however, soldiers are caught with Spice during random "health and welfare" inspections or during 

traffic stops, Smiley said. 

He points to drug education classes soldiers are required to receive annually as a reason why Spice is 

not a bigger problem. 

"They know what the effects are," Smiley said. 

And in the case of Spc. Kendrick Sneed, the effect was death. 

Chris McGuinness contributed to this report. 

3 of3 Plaintiff's Original Petition - Page 50 of 182 

5/23/2016 3:43 PM

·} 

Federal Register I Vol. 78, No. 95 I Thursday, May 16, 2013 I Rules and Regulations 28735 

§ 880.6305 Ingestible event marker. 

(a) Identification. An ingestible event 

marker is a prescription device used to 

record time-stamped, patient-logged 

events. The ingestible component links 

wirelessly through intrabody 

communication to an external recorder 

which records the date and time of 

ingestion as well as the unique serial 

number of the ingestible device. 

(b) Classification. Class II (special 

controls). The special controls for this 

device are: 

(1) The device must be demonstrated 

to be biocompatible and non-toxic; 

(2) Nonclinical, animal, and clinical 

testing must provide a reasonable 

assurance of safety and effectiveness, 

including device performance, 

durability, compatibility, usability 

(human factors testing). event recording, 

and proper excretion of the device; 

(3) Appropriate analysis and 

nonclinical testing must validate 

electromagnetic compatibility 

performance, wireless performance, and 

electrical safety; and 

(4) Labeling must include a detailed 

summary of the nonclinical and clinical 

testing pertinent to use of the device 

and the maximum number of daily 

device ingestions. 

Dated: May 10. 2013. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2013-11628 Filed 5-15-13; 8:45 am] 

BILLING CODE 4160-01-P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA-373] 

Schedules of Controlled Substances: 

Temporary Placement of Three 

Synthetic Cannabinoids Into 

Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final order. 

SUMMARY: The Deputy Administrator of 

the Drug Enforcement Administration 

(DEA) is issuing this final order to 

temporarily schedule three synthetic 

cannabinoids under the Controlled 

Substances Act (CSA) pursuant to the 

temporary scheduling provisions of 21 

U.S.C. 81 l(h). The substances are (1- 

pen ty l- lH-indol-3-y 1)(2, 2, 3 ,3- 

tetramethy lcyclopropy l)methanone (UR- 

144). [ 1-(5-fluoro-pentyl]-1H-indol-3- 

yl)(2,2 ,3 ,3- 

tetramethylcyclopropyl)methanone (5- 

fluoro-UR-144, XLR11) and N-(1- 

adamanty 1)-1-penty l-lH-indazole-3- 

carboxamide (APINACA, AKB48). This 

action is based on a finding by the 

Deputy Administrator that the 

placement of these synthetic 

cannabinoids and their salts, isomers 

and salts of isomers into Schedule I of 

the CSA is necessary to avoid an 

imminent hazard to the public safety. 

As a result of this order, the full effect 

of the CSA and the Controlled 

Substances Import and Export Act 

(CSIEA) and their implementing 

regulations including criminal, civil and 

administrative penalties, sanctions and 

regulatory controls of Schedule I 

substances will be imposed on the 

manufacture, distribution, possession, 

importation, and exportation of these 

synthetic cannabinoids. 

DATES: Effective Date: This Final Order 

is effective on May 16, 2013. 

FOR FURTHER INFORMATION CONTACT: John 

W. Partridge, Executive Assistant, Office 

of Diversion Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; telephone (202) 307-7165. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 201 of the CSA (21 U.S.C. 

811) provides the Attorney General with 

the authority to temporarily place a 

substance into Schedule I of the CSA for 

two years without regard to the 

requirements of 21 U.S.C. 81 l(b) if he 

finds that such action is necessary to 

avoid imminent hazard to the public 

safety. 21 U.S.C. 811(h). In addition, if 

proceedings to control a substance are 

initiated under 21 U.S.C. 811 (a)(l). the 

Attorney General may extend the 

temporary scheduling up to one year. 

Where the necessary findings are 

made, a substance may be temporarily 

scheduled if it is not listed in any other 

schedule under section 202 of the CSA 

(21 U.S.C. 812) or if there is no 

exemption or approval in effect under 

section 505 of the Federal Food, Drug 

and Cosmetic Act (FD&C Act) (21 U.S.C. 

355) for the substance (21 U.S.C. 811 

(h)(1)). The Attorney General has 

delegated his authority under 21 U.S.C. 

811 to the Administrator of DEA, who 

in turn has delegated her authority to 

the Deputy Administrator of DEA. 28 

CFR 0.100, Appendix to Subpart R. 

Section 201(h)(4) of the CSA (21 

U.S.C. 811(h)(4)) requires the Deputy 

Administrator to notify the Secretary of 

the Department of Health and Human 

Services (HHS) of his intention to 

temporarily place a substance into 

Schedule I of the CSA.' The Deputy 

Administrator has tmnsmitted notice of 

his intent to place UR-144, XLR11 and 

AKB48 in Schedule I on a temporary 

basis to the Assistant Secretary by letter 

dated February 14, 2013. The Assistant 

Secretary responded to this notice by 

letter dated March 14, 2013 (received by 

DEA on March 21, 2013). and advised 

that based on review by the Food and 

Drug Administration (FDA). there are 

currently no investigational new drug 

applications or approved new drug 

applications for UR-144, XLR11 or 

AKB48. The Assistant Secretary also 

stated that HHS has no objection to the 

temporary placement of UR-144, XLRl 1 

or AKB48 into Schedule I of the CSA. 

DEA has taken into consideration the 

Assistant Secretary's comments (21 

U.S.C. 811(h)(4)). As UR-144, XLRl 1 

and AKB48 are not cunently listed in 

any schedule under the CSA, and as no 

exemptions or approvals are in effect for 

UR-144, XLR11 and AKB48 under 

Section 505 of the FD&C Act (21 U.S.C. 

355), DEA believes that the conditions 

of 21 U.S.C. 811(h)(1) have been 

satisfied. On April 12, 2013, a Notice of 

Intent to temporarily schedule these 

three synthetic cannabinoids was 

published in the Federal Register (78 

FR 21858). 

To make a finding that placing a 

substance temporarily into Schedule I of 

the CSA is necessary to avoid an 

imminent hazard to the public safety, 

the Deputy Administrator is required to 

consider three of the eight factors set 

forth in section 201(c) of the CSA (21 

U.S.C. 811(h)(3)). These factors are as 

follows: the substance's history and 

current pattern of abuse; the scope, 

duration and significance of abuse, and 

what, if any, risk there is to the public 

health. 21 U.S.C. 811(c)(4)-(6). 

Consideration of these factors includes 

actual abuse, diversion from legitimate 

channels and clandestine importation, 

manufacture or distribution. 21 U.S.C. 

811(h)(3). 

A substance meeting the statutory 

requirements for temporary scheduling 

(21 U.S.C. 811(h)) may only be placed 

in Schedule I. Substances in Schedule I 

are those that have a high potential for 

1 

Because the Secretary of the Department of 

Health and Human Services (HHS} has delegated to 

the Assistant Secretary for Health of the Department 

of Health and Human Services the authority to 

make domestic drug scheduling recommendations, 

for purposes of this Final Order, all subsequent 

references to "Secretary" have been replaced with 

"Assistant Secretary." As set forth in a 

memorandum of understanding entered into by 

HHS, the Food and Drug Administration (FDA). and 

thn National Institute on Drug Ahusr. {NIDA), FDA 

acts as the lead agency within HHS in carrying out 

the Secretary's scheduling responsibilities under 

the Controlled Substance Act {CSA}, with the 

concurrence of NIDA. 50 FR 9518. 


EXHIBIT 

3

28736 Federal Register I Vol. 78, No. 95 /Thursday, May 16, 2013 I Rules and Regulations 

abuse. no currently accepted medical 

use in b·eatment in the United States 

(U.S.), and a lack of accepted safety for 

use under medical supervision. 21 

U.S.C. 812(b)(1). Available data and 

information for UR-144, XLR11 and 

AKB48 indicate that these three 

synthetic cannabinoids have a high 

potential for abuse, no currently 

accepted medical use in treatment in the 

U.S., and a lack of accepted safety for 

use under medical supervision. 

Synthetic Cannabinoids 

While synthetic cannabinoids have 

been developed over the last 30 years 

for research purposes to investigate the 

cannabinoid system, no scientific 

literature referring to UR-144, XLR11 or 

AKB48 was available prior to these 

drugs' identification in the illicit 

market. In addition, no legitimate nonresearch 

uses have been identified for 

these synthetic cannabinoids nor have 

they been approved by FDA for human 

consumption. Synthetic cannabinoids, 

of which (1 -pentyl-1H-indol-3 

yl)(2,2,3,3 

tetramethylcyclopropyl)methanone (UR 

144), [1-(5-fluoro-pentyl)-1H-indol-3 

yl](2,2,3,3 

tetramethylcyclopropyl)methanone (5 

fluoro-UR-144. XLR11), and N-(1 

adamantyl)-1-pentyl-lH-indazole-3 

carboxamide (APINACA, AKB48) are 

representative, are so-termed for their 

69-tetrahydrocannabinol (THC)-like 

pharmacological properties. Numerous 

herbal products have been analyzed, 

and UR-144, XLR11 and AKB48 have 

been identified, in varying mixture 

profiles and amounts. spiked on plant 

material. 

As of April 3. 2013, according to the 

System to Retrieve Information from 

Drug Evidence (STRIDE) data, there are 

1,510 reports involving 179 total cases 

for UR-144, 1,194 reports involving 186 

total cases for XLR11 and 112 reports 

involving 40 total cases for AKB4B. 

From January 2010 to March 2013. the 

National Forensic Laboratory 

Information System (NFLIS) registered 

14,B31 reports containing these 

synthetic cannabinoids (UR-144-5,465 

reports; XLR11-B,B37 reports; 

AKB4B-529 reports) from at least 32 

states. No instances regarding UR-144, 

XLR11 or AKB48 were reported in 

NFLIS prior to March of 2010. For the 

period January 2010 through March 

2013. NFLIS and STRIDE reports 2 for 

2 

National Forensic Laboratory Information 

System (NFLIS) is a program .sponsornd by the Drug 

Enforcement Administration's {DEA). Office of 

Diversion Control which compiles information on 

exhihits analyZAci in State and local law 

enforcement forensic h1boratorics. System to 

Retrieve Information from Drug Evidence (STRIDE) 

the three synthetic cannabinoids UR 

144, XLR11 and AKB4B (16,014 total 

reports) exceeded the number of reports 

for the five synthetic cannabinoids 

JWH-018, JWH-073, JWH-200, CP 

47,497 and CP-47,497 CB (7,555 total 

reports). JWH-OlB, JWH-200, JWH-073, 

CP-47,497 and CP-47,497 CB 

homologue were temporarily scheduled 

on March 1, 2011, and later placed in 

Schedule I by Section 1152 of Food and 

Drug Administration Safety and 

Innovation Act (FDASIA), Pub. L. 112 

144, on July 9. 2012. Section 1152 of the 

FD ASIA 3 amended the CSA by placing 

cannabimimetic agents and 26 specific 

substances (including 15 synthetic 

cannabinoids, 2 synthetic cathinones, 

and 9 phenethylamines of the 2C-series) 

in Schedule I. UR-144, XLR11 and 

AKB4B were not included among the 15 

specific named synthetic cannabinoids. 

and do not fall under the definition of 

cannabimimetic agents, under FDASIA. 

Factor 4. History and Current Pattern of 

Abuse 

Synthetic cannabinoids (JWH-01B) 

laced on plant material were first 

reported in the U.S. in December 200B, 

when a shipment of "Spice" was seized 

and analyzed by U.S. Customs and 

Border Patrol in Dayton, Ohio. Also in 

December 200B, JWH-01B and 

cannabicyclohexanol were identified by 

German forensic laboratories. 

Since the initial identification of 

JWH-018 (December 200B), many 

additional synthetic cannabinoids with 

purported psychotropic effects have 

been found laced on plant material or 

related products. The popularity of 

these synthetic cannabinoids and their 

associated products appears to have 

increased since January 2010 in the U.S. 

based on seizure exhibits and media 

reports. This trend appears to mirror 

that experienced in Europe since 200B. 

Synthetic cannabinoids are being 

encountered in several regions of the 

U.S. with the substances primarily 

found as adulterants on plant material 

products as self-reported on internet 

discussion boards. Since then. 

numerous other synthetic cannabinoids 

including UR-144, XLR11 and AKB48 

have been identified as product 

adulterants. 

Data gathered from published studies. 

supplemented by discussions on 

Internet Web sites and personal 

communications with toxicological 

is H DEA database which compiles information on 

exhibits analyzed in DEA laboratories. 

3 

Subtitle D of Title XI of the Food and Drug 

Administration Safety and Innovation Act 

(FDASIA), which includes Sections 1151-1153 of 

Pub. L. 112-144, is also known as the "Synthetic 

Drug Abuse Prevention Act of 2012," or "SDAPA." 

testing laboratories, demonstrate that 

products laced with UR-144, XLR11 

and/or AKB4B are being abused mainly 

by smoking for their psychoactive 

properties. The adulterated products are 

marketed as 'legal' alternatives to 

marijuana. This characterization, along 

with their reputation as potent herbal 

intoxicants, has increased their 

popularity. Several synthetic 

cannabinoids, including UR-144, XLR11 

and AKB4B. have been shown to display 

higher potency in scientific studies 

when compared to THC. Smoking 

mixtures of these substances for the 

purpose of achieving intoxication has 

been identified as a reason for numerous 

emergency room visits and calls to 

poison control centers. Abuse of these 

synthetic cannabinoids and their 

products has been characterized with 

both acute and Jong term public health 

and safety issues. In addition, numerous 

states, local jurisdictions, and the 

international community have 

controlled these substances. 

Factor 5. Scope, Duration and 

Significance of Abuse 

According to forensic laboratory 

reports, the first appearance of synthetic 

cannabinoids in the U.S. occurred in 

December 200B, when U.S. Customs and 

Border Protection analyzed "Spice" 

products. NFLIS has reported 14,B31 

exhibits (January 2010 to March 2013) 

related to UR-144, XLR11 and AKB4B 

from various states including Alaska, 

Alabama, Arkansas. California, 

Colorado, Florida, Georgia, Iowa, 

Indiana, Illinois, Kansas, Kentucky, 

Louisiana, Maryland, Minnesota, 

Missouri, New Hampshire, New Jersey, 

New Mexico, North Dakota, Nebraska, 

Nevada, Ohio, Oklahoma, Pennsylvania, 

South Carolina, Tennessee, Texas, Utah, 

Virginia. Wisconsin and Wyoming. 

STRIDE has reported 2,B16 records 

involving UR-144, XLR11 and/or AKB4B 

from January 2010 through April 3, 

2013. From januru·y 1 through December 

31, 2012, the American Association of 

Poison Control Centers 4 has reported 

receiving in excess of 5,200 calls 

relating to products purportedly laced 

with synthetic cannabinoids. Although 

the center does not identify specific 

cannabinoid substances. the data does 

indicate the magnitude of adverse 

exposure to synthetic cannabinoids. 

Factor 6. What, IfAny, Risk There Is 

to the Public Health 

UR-144, XLR11 and AKB4B are 

pharmacologically similar to Schedule I 

4 American Association of Poison Control Centers 

{AAPCC) is a non-profit, national organization that 

represents the poison centers of the United States. 


Synthetic Drugs (a.k.a. K2, Spice, Bath Salts, etc.) I The White House https ://www. w h iteh ouse. gov I on dcp/ on dcp-fact-sheets/ synthetic-drugs ... 

the WHITE HOUSE PRESIDENT BARACK OBAMA Contact Us ~ 

BRIEFING ROOM ISSUES THE ADMINISTRATION PARTICIPATE 1600 PENN 

Sea 

Home• The Administration• Office of National Drug Control Policy 

About I Policy & Research I Issues Prevention I Treatment & Recovery I International I Enforcement Grams I Media j 

Synthetic Drugs (a.k.a. K2, Spice, Bath Salts, etc.) 

Overview and History 

• Synthetic cannabinoids, commonly known as "synthetic marijuana," "K2," or "Spice", are often 

sold in legal retail outlets as "herbal incense" or "potpourri", and synthetic cathinones are 

often sold as "bath salts" or "jewelry cleaner". They are labeled "not for human consumption" 

to mask their intended purpose and avoid Food and Drug Administration (FDA) regulatory 

oversight of the manufacturing process. 

• Synthetic cannabinoids are man-made chemicals that are applied (often sprayed) onto plant 

material and marketed as a "legal" high. Users claim that synthetic cannabinoids mimic 

li9-tetrahydrocannabinol (THC), the primary psychoactive active ingredient in marijuana. 

• Use of synthetic cannabinoids is alarmingly high, especially among young people. According 

to the 2012 Monitoring the Future survey of youth drug-use trends, one in nine 12th graders in 

America reported using synthetic cannabinoids in the past year. This rate, unchanged from 

2011, puts synthetic cannabinoids as the second most frequently used illegal drug among high 

school seniors after marijuana (see chart). 

• Synthetic cathinones are man-made chemicals related to amphetamines. Synthetic 

cathinone products often consist of methylenedioxypyrovalerone (MDPV), mephedrone, and 

methylone. 

• The Administration has been working with Federal, Congressional, state, local, and 

non-governmental partners to put policies and legislation in place to combat this threat, and 

to educate people about the tremendous health risk posed by these substances. 

Figure 1: Use of Illicit Drugs among Twelfth Graders, 2012 Monitoring the Future Study 

I of 3 


EXHIBIT 

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5/19/2016 2:19 PM

Synthetic Drugs (a.k.a. K2, Spice, Bath Salts, etc.) IThe White House https ://www.whitehouse.gov/ondcp/ondcp-fact-sheets/synthetic-drugs ... 

Past-Year Use of Illicit Drugs by 

High School Seniors (percent) 

Marijuana/Hashish 36.4 

Synthetic Marijuana 

Hallucinogens 

Salvia 

MOMA (Ecstasy) 

Cocaine 2.7 

0 10 20 30 40 

A Rapidly Emerging Threat 

• Synthetic cannabinoids laced on plant material were fi rst reported in the U.S. in December 

2008, when a shipment of "Spice" was seized and analyzed by U.S. Customs and Border 

Protection (CBP) in Dayton, Ohio. 

• There is an increasingly expanding array of synthetic drugs available. 51 new synthetic 

cannabinoids were identified in 2012, compared to just two in 2009. Furthermore, 31 new 

synthetic cath inones were identified in 2012, compared to only four in 2009. In addition, 76 

other synthetic compounds were identified in 2012, bringing the total number of new 

synthetic substances identified in 2012 to 158. 

Risk to the Public Health 

• The contents and effects of synthetic cannabinoids and cathinones are unpredictable due to a 

constantly changing variety of chemicals used in manufacturing processes devoid of quality 

controls and government regulatory oversight. 

• Health warnings have been issued by numerous public health authorities and poison control 

centers describing the adverse health effects associated with the use of synthetic drugs. 

• The effects of synthetic cannabinoids include severe agitation and anxiety, nausea, vomiting, 

tachycardia (fast, racing heartbeat), elevated blood pressure, tremors and seizures, 

hallucinations, dilated pupils, and suicidal and other harmful thoughts and/or actions. 

• Similar to the adverse effects of cocaine, LSD, and methamphetamine, synthetic cathinone 

use is associated with increased heart rate and blood pressure, chest pain, extreme paranoia, 

hallucinations, delusions, and violent behavior, which causes users to harm themselves or 

others. 

Sources and Continuing Availability 

• According to CBP, many synthetic cannabinoid and cathinone products originate overseas. 

Law enforcement personnel have also encountered the manufacture of synthetic drugs in the 

U.S., including in residentia l neighborhoods. 

• Synthetic drugs are often sold at small retail outlets and are readily available via the Internet. 

The chemical compositions of synthetic drugs are frequently altered in an attempt to avoid 

government bans. 


5/ 19/2016 2:19 PM

Synthetic Drugs (a.k.a. K2, Spice, Bath Salts, etc.) I The White House https :/ /www. wh iteh ouse. gov Ion dcp/ ondcp-fact-sheets/ synthetic-drugs .. . 

Government Efforts to Ban Synthetic Drug Products 

• Congress has taken steps to ban many of these substances at the Federal level, and the 

Administration has supported such efforts. 

• The Synthetic Drug Abuse Prevention Act is part of the FDA Safety and Innovation Act of 2012, 

signed into law by President Obama. The law permanently places 26 types of synthetic 

cannabinoids and cathinones into Schedule I of the Controlled Substances Act (CSA). It also 

doubled the maximum period of time that the Drug Enforcement Administration (DEA) can 

administratively schedule substances under its emergency scheduling authority, from 18 to 36 

months. 

• The Controlled Substance Analogue Enforcement Act of 1986 allows many synthetic drugs to 

be treated as controlled substances if they are proven to be chemically and/or 

pharmacologically similar to a Schedule I or Schedule II controlled substance. 

• In 2011, DEA exercised its emergency scheduling authority to control five types of synthetic 

cannabinoids, and three of the synthetic substances used to manufacture synthetic 

cathinones. In 2012, all but one of these substances were permanently designated as 

Schedule I substances under the Synthetic Drug Abuse Prevention Act, and the remaining 

substance was permanently placed into Schedule I by DEA regulation. 

• On April 12, 2013, DEA used its emergency scheduling authority to schedule three more types 

of synthetic cannabinoids, temporarily designating them as Schedule I substances. 

• At least 43 states have taken action to control one or more synthetic cannabinoids. Prior to 

2010, synthetic cannabinoids were not controlled by any State or at the Federal level. In 

addition, at least 44 states have taken action to control one or more synthetic cathinones. 

Resources 

• Drug Enforcement Administration: http://www.justice.gov/dea/divisions/hq/2013 

/ hq062613.shtml 

• National Institute on Drug Abuse: http://www.drugabuse.gov/infotacts/Spice.html 

• American Association of Poison Control Centers: http://www.aapcc.org/dnn/default.aspx 

• Congressional Research Service: http://www.fas.org/sgp/crs/misc/R42066.pdf 

• National Conference of State Legislators: http://www.ncsl.org/issues-research/justice 

/ synthetic-drug-threats.aspx 

3 of3 511912016 2: 19 PM 


Synthetic Drug Use On the Rise in Hidalgo County - Gate House http://www.yourvalleyvoice.com/article/20151022/NEWS/151029836 ... 

valley town crier 

1;1 1 lt'Zl I Mil ·l'W·l1,, 

By Pedro Perez 

October 22. 2015 9:2,5AM 

Synthetic Drug Use On the Rise in Hidalgo County 

EDINBURG - Two weeks ago Eddie Olivarez got a call from a local hospital with a cry for help. 

As the Hidalgo County Health & Human Services Chief Administrative Officer Olivarez was asked to issue ~ 

health advisory on the dangers of the use of synthetic drugs like synthetic marijuana. 

Most recently the hospital's are averaging two-to-three cases in the emergency rooms and as many as 25 case 

last week with the drug also known as Spice or K2. 

"The cases are severe," Olivarez said. "Some patients have to be intubated, some require respiratory assistanc 

wind up in [intensive care]." 

In the last year there has been one fatality involving synthetic marijuana. 

Currently anybody can walk into a head shop and legally purchase the synthetic drug for less than $30. It can 

marijuana is legal to purchase in the State of Texas. Most places sell it as a potpourri but consuming the produc 

stating the substance in not for consumption. 

In the United States, 43 states have statutes banning the use of the product as an herbal incense. 

County officials admit they don't know the long term effects synthetic marijuana has on the brain and nervous s: 

"We can tell you though that with repeated use the user can end up with memory loss as well as psychosis a 

Guerra said. 

Guerra said that at least 100 people have been arrested by his office for either possession or in dealing the sul 

distributors of the product. 

The Sheriff acknowledged the substance is popular in high schools due to the fact it is rare that signs of use app( 

district police departments and most of the information received on synthetic drugs comes from crime stopper l 

"In one case a local dealer was recruiting females to sell to the males," Guerra said. "It's a constant proble 

districts." 

District Attorney Ricardo Rodriguez said he will do everything in his office's power to prosecute cases involving 

The challenge will be difficult because if someone owns a head shop and is caught with a large amount of the ~ 

sold as incense. 

1 of2 

Three communities in the Rio Grande Valley have banned the sale of synthetic marijuana through a city ordin 

County, La Grulla and Rio Grande City in Starr County. 


EXHIBIT 

5 

5/23/2016 4:05 PM

Synthetic Drug Use On the Rise in Hidalgo County - Gate House http://www.yourvalleyvoice.com/article/20151022/NEWS/J 51029836 ... 

Olivarez ended with saying that he, the district attorney or the sheriff do not have the sole responsibility of tryin 

"Everyone in the community needs to take an educational awareness component to this," he said. "Educate 

become aware it." 

http://www.yourvalleyvoice.comlarticlel201510221NEWSl151029836 

2 of2 5/23 /2016 4:05 PM 


The Dangers of Synthetic Marijuana - Texas Poison Center Network 

http://poisoncontrol.org/the-dangers-of-synthetic-marijuana/ 

FOR lllllEDllTE HELP, PLEASE 

Clll 1-800-222-1222 

00 

Hemp 

POISON~ 

Home Contact Us Espanol English Other languages 

1-soo-222-122£TEXAS POISON CENTER NETWORK 

WHO WEARE v ORDER MATERIALS PREVENTION v EDUCATION v FOR PROVIDERS v 

GET INVOLVED v 

NEWS AND RECALLS v 

The Dangers of Synthetic Marijuana 

Despite current laws, Synthetic Marijuana 

remains a concern. Street names include 

K2 , Spice, and No More Mr. Nice Guy, to 

name a few. Even though these drugs are 

called synthetic marijuana, in reality, they 

are very different from marijuana and can 

cause dangerous health effects. One of the 

scariest things about these synthetic drugs 

is often times the ingredients are not listed 

on the product so a user really has no idea 

what they are ingesting, and neither do the 

health experts. 

Not only are these synthetic drugs very dangerous, but they can also be very addictive. Some alarming 

health effects from using these drugs include: 

• Severe agitation and anxiety. 

• Fast, racing heartbeat and high blood pressure. 

• Nausea and vomiting. 

• Muscle spasms, seizures, and tremors. 

• Intense hallucinations and psychotic episodes. 

• Suicidal and other harmful thoughts and/or actions. 

The American Association of Poison Control Centers states that these drugs were first reported in the 

U.S. in 2009. Poison centers throughout the U.S. received 5,230 calls about exposures to these drugs 

in 2012 and 2,643 exposures in 2013. 

I of2 


EXHIBIT 

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5/19/2016 2:34 PM

The Dangers of Synthetic Marijuana - Texas Poison Center Network 

http ://poison contro I .org/the-dangers-of-synth etic-marij uana/ 

FOR lllllEDllTE HELP, PLEASE 

00 

Clll 1-800-222-1222 

rrealea al nome, or wnemer ne or sne musl go w a nosp1la1. 

Dial 9-1-1 immediately if someone: 

• Stops breathing. 

• Collapses. 

• Has a seizure. 

For more information, call your local poison center at 1-800-222-1222. Poison centers are open 24 

hours a day, seven days a week, every day of the year for poisoning emergencies and for informational 

calls, too. 

< January is the Deadliest Month for Carbon Monoxide Poisoning Tis the Season to Be Poisoned > 

The information provided in this website is offered for general informational and educational purposes only; it 

is not offered as and does not constitute medical advice. While we try to keep the information up to date and 

correct, we make no representations or warranties of any kind, express or implied, about the completeness, 

accuracy or reliability with respect to the website or the information contained on the website. Texas Poison 

Center Network 

Connect with Us 

Copyright© Texas Poison Center Network 

Site design by Two Roads Media 


5/ 19/2016 2:34 PM

Nearly 120 People Overdose on Synthetic Marijuana in 5-Day Period ... 

http ://tiin e. com/8 98 3 5/ syn th etic-marijuana-overdoses-k2/ 

HEALTH DRUGS 

Nearly 120 People Overdose on 

Synthetic Marijuana in 5-Day Period 

David Winograd @davidwinograd May 6, 2014 

In less than a week, more than 100 

people in Texas overdosed on a drug that 

is not technically banned by federal or 

state laws and has been designed to give 

users highs similar to marijuana 

Almost 120 people in a five-day period in 

Texas overdosed on a synthetic drug that 

mimics the effects of marijuana. 

Police believe the drug on which the 

victims overdosed, known as K2, came 

from the same Dallas supplier, News 8 

reports. Some of the overdose 

victims had to be sedated before 

being treated. 

Dr. James d'Etienne of Dallas' Baylor 

Medical Center said that "several of 

[the patients] came in with similar 

symptoms of psychosis, altered 

mental status, abnormal behavior." 

K2 is designed by the chemists who 

create it to give users a high that is 

similar to weed. The effects of K2, 

however, are largely unknown. The 

substance is not listed as an illegal 

drug, so vendors can sell it without 

fear of legal repercussions, as TIME 

Kelley McCall-AP 

A package of K2 , a concoction of dried 

herbs sprayed with chemicals 

Transform HR in 

a Digital World 

Improve Employee 

Experience 

LEARN HOW 

I of3 


EXHIBIT 

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5/24/2016 2:47 PM

Nearly 120 People Overdose on Synthetic Marijuana in 5-Day Period .. . 

http ://time.com/8983 5/ synthetic-m arij uana-overdoses-k2/ 

reported in an April cover story on the dramatic rise of synthetic pot's popularity. 

Police are investigating the composition of the substance connected to the rash of 

overdoses to determine if they were laced with other drugs. 

[News 8 ] 

©2015 Time Inc. All rights reserved. 


5/24/2016 2:47 PM

Nearly 120 People Overdose on Synthetic Marijuana in 5-Day Period .. . 

http://time. com/8983 51 synthetic-marijuana-overdoses-k2/ 

© 2016 Time Inc. All rights reserved. 

Powered by WordPress.com VIP 


5/24/2016 2:47 PM

@ ~~ ValleyCentral.com 

NEWS WEATHER SPORTS VC FOOTBALL KGBT FEATURES 

Officials urge caution with synthetic 

marijuana-related hospital visits on the 

• 

rise 

BY NESTOR MATO FRICA

The 16-year old said he started using synthetic marijuana as a 

way to pass drug tests because they are so rarely detected. 

"It's hard to keep up with it because testing is ex:iensive and 

it's hard because the chemicals keep changing." said Rose 

Gomez, deputy director of the Darrell B. Hester Juvenile 

Justice Center. 

The 16-year-old. who is being held on burglary charges, said 

his addictive behavior nearly took his life. He claims the 

synthetic marijuana, often referred to as spice or K2. caused 

him to commit more crimes. 

"I started fending for it. I started wanting to steal, steal from 

the people selling it.'' he said. 

Synthetic marijuana is man-made designer drug composed of 

unsafe chemicals used to produce a high. Oils and even rat 

poison have been used as ingredients. 

'People have died from it. They have remained on that high 

and people are getting destroyed," said Ruben Garcia, clinical 

director of the Mesquite Treatment Center. 

Garcia said he expects to see a 45 percent increase in 

synthetic drug-related hospital visits this year. He said the 

combination of ingredients can cause psychosis, an increased 

heart rate. loss of control and seizures. 

Just this Tuesday in Harlingen. 19-year-old Ezequiel Pena. was 

placed on life support after he collapsed while smoking the 

synthetic drug. 

Pena was taken off of life support about 18 hours later. He is 

currently recovering at Valley Baptist Medical Center. 

"Just one hit and he just fainted. His knees bent and he fell 

backwards," his father told CBS 4 News. 

Pena's father said it was a parent's worst nightmare. 

"There's a million things going through your mind. You don't 

know if you are going to plan a funeral." he said. 

Garcia said there has been a spike in usage in kids between the 

ages of 12 and 17. He said several school districts have been 

contacted in an effort to educate students. 

Synthetic marijuana is usually sold at about $10 a gram. 

Officials said its packaging is most often colorful. and has 

cartoons on it to attract younger kids. 

Dealers often rely on word of mouth and even socia l med ia to 

spread the synthetic drug. 

QUICK LINKS KGBT INFORMATION STAY CONNECTED 


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(on~f: :'.';n" 

f:f:O Pu !:llic !=iii~ 

g0port 

c~::ntact 

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VaUeyCentral.com 

RIO GRANDE VALLEY, TX 

:C 2016 SINCLAIR BROADCAST GROUP, INC. 


Spike in synthetic drug hospitalizations leads to public advisory - Th ... http://www.themonitor.com/news/local/spike-in-synthetic-drug-hospit. .. 

Spike in synthetic drug hospitalizations leads to public advisory 

LORENZO ZAZUETA-CASTRO I STAFF WRITER Follow@lorenzozazueta I Posted: Wednesday, October 21, 2015 

7:44 pm 

EDINBURG - In late April, Jorge Alberto Diaz was found lying in a pool of 

his own blood. The 39-year-old Mission man had been brutally bludgeoned to 

death by his nephew, Robert Eugene Diaz, who was high on Spice during the 

attack, police said. 

The 20-year-old was sentenced in September to 17 years in prison after he 

pleaded guilty to the murder charge. His life and that of his family was forever 

changed by his decision to abuse the dangerous drug. 

Spice, also known as "synthetic marijuana," and a variety of other names, is a 

mix of herbs or shredded plant material and manmade chemicals that can have 

mind-altering effects. It has been gaining popularity among youths in the last 

five years, according to the National Institute of Drugs government website. 

Robert's story highlights a growing problem with younger people abusing the 

drug across the country. 

On Wednesday, the Hidalgo County Health and Human Services Department's 

chief Eduardo "Eddie" Olivarez, along with county officials including district 

102115.SYNTHETIC_MARIJUANA 

Synthetic marijuana is displyed at a news 

conference over the use of synthetic 

marijuana Hidalgo County Commissioners 

Court October 21, 2015 in Edinburg. photo 

by joel 

martinez/jmartinez@themonitor.com 

attorney Ricardo Rodriguez, Sheriff Eduardo "Eddie" Guerra, and county Judge Ramon Garcia spoke at a news conference 

about the dangers of synthetic marijuana and how it relates to youths in the Rio Grande Valley. 

Olivarez said the news conference was in response to reports of25 teens and young adults who had been treated for 

symptoms tied to the use of synthetic marijuana in just the last two weeks. 

"This is poison, this has been labeled as an insecticide, it has been labeled as an industrial product, and it is shipped into the 

U.S. by the tons," Olivarez said. "We need every single parent, every single community leader to stand up and educate and be 

aware of dangers of this product." 

Guerra said since January of this year his deputies have arrested more than 100 people in connection with the possession and 

intent to distribute the products known as bath salts, K2 and various other names. 

Earlier this year, a seven-year veteran officer of the Edinburg police department resigned after he was arrested in connection 

with selling synthetic marijuana out of a store located near a school. Michael Anthony Moreno, 32, of Pharr was charged with 

a first degree felony in connection with the delivery of a controlled substance after officers seized 21 pounds of synthetic 

marijuana from a store located 1,500 feet away from an Ignite charter school in Raymondville. 

"Today anyone can walk into a smoke shop or head shop and leave with a legally purchased synthetic drug for less than $30. 

This drug can even be purchased over the internet but just because it is legal to purchase does not mean that these synthetic 

drugs are not dangerous," Guerra said. "Our patrol deputies in coordination with our narcotics unit continue the effort to take 

these drugs off the streets; the sheriff's office realizes that synthetic marijuana is a growing problem." 

The sheriff said his office is working alongside local school police departments to set-up operations inside schools to 

potentially catch the dealers who try to sell the drug to kids. 

Guerra said possession alone is not enough to arrest most people caught in possession of the chemical drug. He said catching 

someone and identifying and determining their intention to sell for the purpose of using it as an inhalant, would be sufficient 

cause for an arrest. 

1 of2 


EXHIBIT 

9 

511912016 3:07 PM

Spike in synthetic drug hospitalizations leads to public advisory - Th... 

http://www.themonitor.com/news/local/spike-in-synthetic-drug-hospit... 

In Texas, synthetic marijuana in any form is not illegal. Only after a city, like the case with the former officer in 

Raymondville, decides to pass its own ordinance outlawing specific chemicals, it continues to be legal to sell the products, 

often with bright packaging aimed at attracting a younger buyer. 

Rodriguez said the number ofteens and young adults who are exposed to these drugs is alarming and should put everyone in 

the county on notice. 

"Anytime we have a crime that is being committed here in the county, especially this type of crime, where we have the sale 

and use of synthetic marijuana, a dangerous and poisonous drug, is more of a concern to us because it's affecting our children 

here in the community," Rodriguez said. "We're seeing more and more ofthese types of cases, some instances of arrest and 

possible prosecution, and some that we know of, when these people are admitted into hospitals and they're in serious 

condition." 

Last week the Drug Enforcement Administration, Immigration and Customs Enforcement, Homeland Security Investigations, 

Customs and Border Protection, along with other federal, state and local law enforcement concluded a 15-month long 

nationwide operation that resulted in the seizure of cash, weapons and large amounts of synthetic marijuana, according to 

officials with the DEA. 

Authorities arrested 151 people in 16 states. More than $15,000 was seized in cash and assets, according to a news release. 

"For the past several years, DEA has identified over 400 new designer drugs in the United States - 

the vast majority of 

which are manufactured in rogue labs in China and sold on the Internet and in retail outlets such as smoke shops, gas station 

convenience stores, and bodegas. Abuse of these psychoactive substances has resulted in increasing numbers of overdose 

incidents and deaths," according to the news release. 

For now Olivarez, who attributed at least one death in the county to Spice, said it is of the utmost importance that parents be 

on high-alert for any signs associated with the use of synthetic compounds. 

"It's the entire community's responsibility. Everyone needs to take an education awareness approach to this problem, educate 

your children that this is dangerous," Olivarez said. 

For more information, visit Behavioral Health Solutions of South Texas at www.bhsst.org or call the local poison center at 

(800) 222-1222. 

lzazueta@themonitor.com 


511912016 3:07 PM

More than 300 sickened by synthetic drug K2 in recent spate I www.st... http://www.statesman.com/news/news/local/nearly-300-sickened-by-s .. . 

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Nicole Chavez and Samantha 

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More than 300 sickened by 

synthetic drug K2 in recent spate 

0 11:13 p.m. Monday, June 22, 2015 I Filed in: Local 

STORY HIGHLIGHTS 

8:15 p.m. update: The number of people sickened by synthetic marijuana is now 

more than 300, according to the latest report from Austin-Travis County EMS on 

Monday evening. 

Medics treated seven more people from 7 a.m. to 7 p.m. on Monday, bringing the 

number of cases since May 29 up to 306. 

Before today K2 cases seemed to be subsiding to one or two a day, an EMS 

MyStatesman 

spokesman said. However, the number of cases on Monday represented a new 

uptick in the spate of cases since late May, the spokesman said. 

Earlier: The recent spike in adverse 

reactions to synthetic marijuana has 

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sickened 299 people since May 29, 

according to Austin-Travis County 

Emergency Medical Services. 

Medics assisted about 10 people who 

had consumed synthetic marijuana over 

American-Statesman file photo 

the weekend and one person overnight, according to the latest report from EMS. 

I of 5 


EXHIBIT 

10 

5/23/2016 3:26 PM

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The drug, commonly known as K2 or "spice," is designed to mimic the effects of 

marijuana and usually causes violent behavior, high heart rates, unconsciousness, 

seizures and low pressure. 

The recent spate of cases has lasted more than three weeks, unlike other spikes in 

medical calls in the past that lasted up to four days. 

The synthetic drug is still legal under Texas state law until Sept. 1 but police said 

they have an active investigation into the larger distribution of K2 in the Austin 

area. Police said dealers have been selling K2 in pre-rolled cigarettes, which leave 

none left for police to collect after they respond to a toxic reaction . 

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5121/2015 Symhetlc marijuana. becomes Qt"a.ving coocern in Houstoo area- FOX 26News I M.yFoxHoliston 

Synthetic mariju 

concern in Houston area 

Posted: Mar 12. 20155:23 PM CDT 

Updated: Mar 12. 2015 5:55 PM CDT 

By Ashley Johmoon, R9portar 

HOUSTON (FOX 26) - Synthetic marijuana, often sold in colorful packets, can be 

deadly and has been a growing problem around Houston for years. Texas City 

Police now grapple with a bad batch of the drug. The big challenges, they say, are 

the drug is affordable and easy to find. But one man shares how the price tag isn't 

worth the side effects. 

Twenty-two-year-old John Hipp's life hit a turning point eight months ago. He used 

to be addicted to packets often known as Spice or Cush. He knew if he didn't stop, 

one day he rriight never wake up. 

"Every time it would happen I thOL1ght I was going lo die. I would tell my family hey 

I think l'rn dying and I would p_ray to God please. This would be the last time," Hipp 

said. 

Today he's clean but the side effects of synthetic marijuana still linger. 

"It destroys your kidneys. I have severe memory loss. I can't think of words to 

really say good," Hipp said. 

Texas City Police say all it lakes it takes is one bad batch. Like the one they saw 

last Thanksgiving, when they witnessed many people almost die. 

"I believe the brand he smoked was Cush brand. I'm not sure what flavor it was. In 

one of the hallucinations he had, he thought that there were creatures under his 

skin, and took a knife and tried to remove the creatures," Allen Bjerke said. 

A huge problem police run into is those who make the drug constantly change the 

chemicals, so it's hard to make it illegal. 

"The most dangerous thing is we don't know what's in it. They've changed it so 

many times thal we can't keep up with the manufacturers," Bjerke said. 

John Hipp hopes through his struggle, telling his story can save others. 

"I have a job longer than I've ever had one and I work at a furniture store. I've 

grown a lot since then," Hipp said. 

Hipp credils his 12-step recovery program to his success. Police say it will take 

both new laws and education to get this drug off the streets. 

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Teenage girl suffered strokes, brain damage after smoking synthetic m ... http://www.foxnews.com/health/2013/02/05/teenage-girl-suffered-str ... 

Print 

Close 

Teenage girl suffered strokes, brain damage after smoking 

synthetic marijuana 

Published February 05, 2013 

FoxNews.com 

A teenage girl from Texas suffered from multiple strokes after smoking synthetic marijuana - leaving her brain damaged, blind and 

paralyzed, the Independent reported. 

Seventeen-year-old Emily Bauer, from Cypress, Texas, purchased the fake marijuana at a local gas station with friends in 

December. Just 15 minutes after smoking it, Emily said she had a migraine and wanted to lie down. 

Later on, the police were called to restrain Emily, after she suffered from a series of strokes -which ultimately triggered a psychotic 

state. She ended up having violent hallucinations, running into walls and urinating on herself, according to the Independent. 

Her friends and family hoped to dissuade her from taking the drug again once its effects wore off. But 24 hours later, Emily was still 

having hallucinations and trying to hurt herself. 

Doctors decided to put Emily in a medically induced coma in order to run tests on her brain. They discovered her seizures were a 

result of severe vasculitis - an inflammation of the blood vessels, ultimately restricting blood and oxygen flow to the brain. 

Over time, pressure on Emily's brain became so intense that her doctors had to drill a hole in her skull to provide some relief. 

Doctors told her family more than 70 percent of her brain was 'dead' and she would neither recognize her family or be able to use 

her arms and legs again. However, after the family decided to remove her breathing tube, Emily began to show signs of recovery - 

even telling her mother she loved her at one point. 

Emily is still paralyzed and very confused, but has recently started to reuse her arms and legs - and even eat solid foods . 

In order to educate the public about Emily's story and the dangers of synthetic marijuana, Emily's family has created a non-profit 

organization called Synthetic Awareness For Emily (SAFE). 

Click for more from the Independent. 

Click to visit SAFE's Facebook page. 

Print 

Close 

URL 

http://www.foxnews.com/health/2013/02/05/teenage-girl-suffered-strokes-brain-damage-after-smoking-synthetic-marijuana.html 

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Carroll Students Hospitalized After Reaction to Synthetic Marijuana 

Posted: Apr 25, 2013 6:08 PM CST 

Updated: May 06, 2013 10:09 AM CST 

CORPUS CHRISTI (Kiii News) - Two Carroll High School students had to be rushed to the hospital Thursday 

morning, allegedly because of a bad reaction to synthetic marijuana. 

The incident took place at around 9 a.m. The students were said to be unresponsive, and were taken to Driscoll 

Children's Hospital. One of them allegedly confessed to Corpus Christi Independent School District police that 

they had done synthetic marijuana off campus before school. 

"Drugs, period , are an issue for us," CCISD Police Chief Kirby Warnke said. "We're going to take action." 

District police are still investigating the incident. There has been no word yet as to what disciplinary actions the 

students could be facing. 

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512412016 4:03 PM

Synthetic marijuana may have caused man's death - KZTVlO.com IC... http://www.kztvlO.com/story/28810028/synthetic-marijuana-may-hav ... 

Posted: Apr 15, 2015 11 :08 AM CST 

Updated: Apr 25, 2015 11 :08 AM CST 

Synthetic marijuana may have caused 

man's death 

Synthetic marijuana may have claimed another life. 

This morning, a man called 911, saying he found his 49 

year old nephew dead on the living room floor of his 

apartment on the 300 block of Waco. 

He told police his nephew suffered from seizures and often 

used synthetic marijuana. 

(KZTV) a man was found dead 

in the living room floor of his 

apartment on Waco. 

Moments later, the Medical Examiner arrived and told 6 

News he suspects the man died after taking the illicit drug. 

The M.E. says synthetic marijuana is difficult to isolate in an 

autopsy because there are many different forms of the 

drug. 

(KZTV) The Medical Examiners 

says synthetic marijuana is 

difficult to isolate in an autopsy. 

2 of2 


EXHIBIT 

14 

5/23/2016 4:45 PM

Synthetic Marijuana Sends Two Dozen to Hospital - KiiiTV.com Sout... http://www.kiiitv.com/story/28760374/synthetic-marijuana-sends-two ... 

_J 

• 

Synthetic Marijuana Sends Two Dozen to Hospital 

Posted: Apr 09, 2015 8:33 AM CST 

Updated: Apr 15, 2015 6:22 PM CST 

CORPUS CHRISTI (Kiii News) - Concerns over illegal synthetic marijuana use have Coastal Bend health 

professionals looking at the "bad" batches being passed around. 

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5/23/2016 4:34 PM

20 people treated in latest round ofK2 cases J KXAN.com http://kxan.com/20 l 5/04/03/austin-medics-see-another-uptick-in-k2-c ... 

Ad Ch< 

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20 people treated in latest round of K2 cases 

KXAN News 

Published: April 3, 2015, 6:20 pm I Updated: April 6, 2015, 2:56 pm 

This Feb. 15, 2010, photo shows a package of K2 which contains herbs and spices sprayed with a synthetic 

compound chemically similar to THC, the psychoactive ingredient in marijuana. (AP Photo/Kelley McCall) 

AUSTIN (KXAN) -Another round of K2 cases has been reported in Austin, according to 

Austin-Travis County EMS. Medics have treated 20 people in the downtown area since the start 

of Friday. Animal control officers were also called after a dog ingested the synthetic drug. 

I of 4 


EXHIBIT 

16 

5/23 /20163:41 PM

20 people treated in latest round of K2 cases IKXAN .com http:/ /kxan.com/2015/04/03/austin-medics-see-another-uptick-in-k2-c ... 

"Generally, we will see somebody with an altered mental state, be it paranoia, 

hallucinations," said Cmdr. Jonathan Mudge, with ATCEMS. 

EMS said three of the victims were treated Friday evening near 23rd and San Antonio streets. 

"It is being circulated; we do not necessarily know any sources," said Mudge. "Spanning the 

age gap from teenagers to middle-aged individuals - 

and everyone in between." 

Austin last saw a major issue with K2 in November, when more than 20 people were treated 

(http://kxan.com/2014/11/17/austin-medics-see-another-spike-in-k2-casesO after consuming the 

drug. Authorities were able to use a downtown surveillance camera located near the Austin 

Resource Center for the Homeless shelter, also known as ARCH, to catch a suspected drug 

dealer (http://kxan.com/2014/11 /19/police-camera-leads-to-arrest-after-string-of-k2-overdoses/) 

during that round of incidents. A rash of similar cases (http://kxan.com/2014/05/01/spikein-potential-k2-overdoses-concerns-police/) 

were reported last May. 

Austin police said many of the cases last year involved homeless people. 

About K2 

• K2, or "spice," is a mixture of herbs and spices sprayed with various chemicals, similar 

to the psychoactive part in marijuana: THC. 

• This synthetic marijuana comes in bags and resembles potpourri. 

• The "high" from taking the drug comes quickly and stays with the user for hours. 

• K2 causes a loss of physical control - leading to seizures, vomiting and elevated 

blood pressure. Paranoia and delusions are also risk factors. 

• K2 is relatively new on the drug scene. Therefore, its long-term impacts are not known. 

• K2 was banned nationwide in 2012. 

Synthetic drugs sold using sly, deceptive marketing 

The packaging is colorful and boasts herbal scents and aromas. Even though they come with 

different names, all of them are marketed much the same way. On many of those colorful 

packages, it will say "herbal incense." It also will most likely say: "Not for human consumption." 


5/23/20163:41 PM

20 people treated in latest round ofK2 cases I KXAN.com http://Jocan.com/2015/04/03/austin-medics-see-another-uptick-in-k2-c ... 

Such labels would seem to make it clear how the product is meant to be used. But that is where 

the deception of designer drugs begins, according to Greg Thrash, resident agent in charge at 

the Drug Enforcement Administration. 

"All of them have the statement 'Not for human consumption.' All of them." 

Despite the warnings on the packages, Thrash said the people producing the product know the 

"herbal incense" will be smoked as a synthetic marijuana. Profits can be had, and the warnings 

are a way to get around the law. 

"By marketing it as 'Not for human consumption,' they are trying to get around a criteria in the 

analogue drug statute," said Thrash. 

Read more about our in-depth look at the drug inside this story (http://kxan.com/2014/05 

/20/synthetic-drugs-sold-using-sly-deceptive-marketing/). 

3 of4 5/23 /2016 3:41 PM 


20 people treated in latest round ofK.2 cases IKXAN.com http://kxan.com/20 l 5/04/03/austin-medics-see-another-uptick-in-k2-c ... 

KXAN.com (http://kxan.com/) 

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4 of4 512312016 3:41 PM 


Synthetic pot blamed for death of Fort Hood soldier deployed to Ebo!... http ://www.cbsnews.com/news/ syn th etic-pot-b lamed-for-death-of-for ... 

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CBS/AP I April 17, 2015, 9:54 AM 

Synthetic pot blamed for 

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deployed to Ebola zone 

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Officials in hazmat suits outside the apartment of a soldier from Fort Hood who was found dead in his yard in Killeen, 

Texas, on Jan. 13, 2014. I KWTX 

Comment I Share I Tweet I Stumble I Email 

KILLEEN, Texas --An autopsy has concluded that synthetic marijuana was to 

blame for the death of a Fort Hood soldier shortly after his return from 

deployment to an Ebola hot zone in West Africa. 

The body of Kendrick Vernell Sneed was found the morning of Jan. 13 outside an 

off-base apartment. Fort Hood officials say Sneed had returned the previous week 

from Liberia, where he helped construct an Ebola treatment camp but wasn't 

exposed to patients. 

Killeen police, a hazmat team and several ambulances responded to the soldier's 

home after a report came in of a man's body being found outside, reported CBS 

affiliate KVVTX in Waco. 

Ebola tests were given has a precaution but came back negative. 

A Killeen Police Department statement Thursday says a medical examiner 

determined "synthetic cannabinoid intoxication" was the cause of death. 

© 2015 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, 

rewritten, or redistributed. The Associated Press contributed to this report. 

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Mission man sentenced to 17 years 

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Posted: Thursday, September 24, 2015 8:23 pm 

Kristian Hernandez 

Robert Diaz, 19, at his arraignment Monday, April 27, 2015 in 

Mission Municipal Court where Judge Jonathan Wehrmeister 

charged him with first degree murder and set his bond at $2 

million. 

Buy this photo 

LORENZO ZAZUETA-CASTRO I STAFF WRITER Follow 

@lorenzozazueta 

II 

Posted on Sep 24, 2015 

by Lorenzo Zazueta 

EDINBURG-A 

Mission man was 

sentenced to 17 years in 

prison after pleading 

guilty to the brutal death 

of his uncle in late April. 

Robert Eugene Diaz pleaded guilty Wednesday in 

Hidalgo County's 206th District Court to one count of 

murder in a plea deal with prosecutors that will send him 

to a Texas Department of Corrections facility for more 

than 15 years, according to court records. Diaz's 

sentencing comes less than five months after he 

confessed to Mission police investigators that he had 

beaten to death his uncle after a heated argument in the 

early morning of April 25. 

Police responded to a call of a body found about 7 a.m. 

April 25 in the 600 block of North Oblate after Juanita 

Hernandez found her 39-year-old son , Jorge Alberto 

Diaz, face down in the backyard of a home the family 

owned in the past, the criminal complaint said. 

Sonny 

Palacios"' 

rnn CONGRESS 

t ~ °f "" W )fT_fOl(:"'r' tH' , ... ~ ,f;-'i 

Juan 

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Edinb 

956-3 

View all 4 images in gallery. 

The 64-year-old Mission woman told investigators she 

had last seen her adult son the night before as he was 

preparing to go out to have drinks, according to the 

criminal complaint. 

Robert Diaz, 19. 

Police said after a night of drinking, Jorge went over to 

I of 8 


EXHIBIT 

18 

511312016 2:29 PM

Mission man sentenced to 17 years in uncle's death - The Monitor: .. . http://www.themonitor.com/news/local/mission-man-sentenced-to-ye ... 

the house on Oblate, a family residence that had been 

abandoned after a fire destroyed the home, where he 

routinely fed his chickens. 

This Week's Circulars 

The next morning Hernandez discovered Jorge face 

down in a pool of his own blood, according to court 

records. 

It didn't take investigators long to identify the man's nephew, Robert, as the main suspect in Jorge's death after 

Robert made suspicious statements during interviews with investigators, according to the criminal complaint. 

"How much time does someone get for a murder like this," Robert asked, according to the criminal complaint. 

HOVER FOR CIRCULAR 

JCPenney 

HOVER 

Hours later, investigators executed a search warrant at a residence Robert shared with his father and discovered a 

red T-shirt covered in blood hidden behind a concrete pillar, the complaint states. 

AdvanceAutoParts1* 

Robert confessed to killing his uncle in the backyard after meeting with him at a local bar the night of the 24th. 

Robert said he got into an argument with his uncle after he complained about being left at the bar by him, the 

criminal complaint states. 

"Diaz claims that an argument began over him leaving his uncle behind at the bar and other comments about the 

mother of his child when his uncle slapped him, " the complaint states. "Diaz said that's when he started hitting his 

uncle. Diaz added that his uncle told him he was going to get a machete and that's when he broke off the metal leg 

to an old chair and started hitting his uncle over the head, leaving him for dead." 

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At Robert's arraignment in late April , Hernandez said he was a good kid who always treated her with love and 

respect. She asked the judge for leniency and said her grandson had been "lost" for the last month using drugs. 

"He had problems with drugs, he was using Spice," Hernandez said of the synthetic marijuana. "Let this be a 

warning to others who use drugs, of the consequences of what they can do." 

Robert told investigators that he had been drinking with his uncle earlier in the night at a local bar and that he also 

smoked synthetic marijuana that same night, according to court records. 

Librado "Keno" Vasquez, Robert's attorney, said the prosecutors in the case took into consideration Hernandez's 

wishes that Robert get the shortest prison sentence possible. 

Es pi 

Me xi· 

McAll 

956-6 

"In a case like this, the jury couldn't give probation ," Vasquez said. "No one wins in this - the grandmother lost a 

son and a grandson. " 

Robert was facing the possibility of life in prison if he had opted to take the case to trial. 

"I walked away sad because he left his family and a young son but we cannot forget that someone died in this 

tragic incident," Vasquez said. 

For the most complete version of this story, log in or subscribe to MyMonitorNews.com 

~·.t"~:;i"?',."' .. i 

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Clar~ 

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~~~! 956-6 

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The Deadly Consequences Of Synthetic Marijuana 

Posted: Mar 18, 2016 7:31 PM CST 

Updated: Mar 24, 2016 6:29 PM CST 

CORPUS CHRISTI (Kiii News) - A local family is still mourning the death of their 22-year-old son, who back 

around Thanksgiving, became yet another victim of synthetic marijuana. Recently, Our Rudy Trevino spoke to 

the young man's father. 

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EXHIBIT 

19 

512012016 9:54 AM

Corporations Section 

P.O.Box 13697 

Austin, Texas 78711-3697 

Carlos H. Cascos 

Secretary of State 

Office of the Secretary of State 

The undersigned, as Secretary of State of Texas, does hereby certify that the attached is a true and 

correct copy of each document on file in this office as described below: 

Abundant Retail. Inc. 

Filing Number: 801367986 

Certificate of Formation January 10, 2011 

Certificate of Amendment March 15, 2013 

Public Information Report (PIR) December 31, 2015 

In testimony whereof I have hereunto signed my name 

officially and caused to be impressed hereon the Seal of 

State at my office in Austin. Texas on August 10, 2016. 

-- 

Carlos H. Cascos 

Secretary of State 

Come l'isit us 011 the internet at http:i/1nnr.sos.state.tx.11s1 

Phone: (512)463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services 

Prepared by: DROGERS TID: I 0266 Document: 684178080002 


Form 201 

(Revised 12/09) 

Submit in duplicate to: 


P.O. Box 13697 

Austin, TX 78711-3697 

512 463-5555 

FAX: 512/463-5709 

Filin Fee: $300 

This space reserved for office use. 

f I l IE D 

In the Offlce of the 

Secretary of ~r'1te of Texas 

Certificate of Formation JAN 1 O 2011 

For-Profit Corporation 


Article 1 - Entity Name and Type 

The filing entity being formed is a for-profit corporation. The name of the entity is: 

Abundant Retail; Inc. 

The name must contain the word "corporation;• "company." "incorporated." "limited" or an abbreviation ofone of these tenns. 

Article 2 - Registered Agent and Registered Office 

(See instructions. Select and complete either A or Band complete C.) 

D A. The initial registered agent is an organization (cannot be entity named above) by the name of: 

OR 

0 B. The initial registered agent is an individual resident of the state whose name is set forth below: 

Hisham M Rashid 

First Name M.I. Last Name Suffi.t 

C. The business address of the registered agent and the registered office address is: 

2801 N. MacArthur Blvd. Irving TX 75062 

Street Address City State Zip Code 

Article 3 - Directors 

(A minimum of l director is required.) 

The number of directors constituting the initial board ofdirectors and the names and addresses of the 

person or persons who are to serve as directors until the first annual meeting of shareholders or until 

their successors are elected and qualified are as follows: 

Director I 

-- - - - 

- - - -----. 

- 

Hisham 

---M ----Rasliid 

First Name /I{/, Las/ Name SU[fix 

229 Touchdown Dr. lrving TX 75063 USA 

Street or Mailing Address City State Zip Code Country 

Form 201 

RECEIVED 

4 

JAN 1 O 2011 



Director 2 

lyad 

Elaydi 

First Name M.l. l.ast Name Suffix 

2506 Legend Ct. Cedar Hill TX 75104 USA 

Street or /I.failing Address Ciry Stale Zip Code Country 

Director 3 

First Name A.fl. Last Name Suffix 

Street or .Mai/inf! Address Cirv State Zio Code Countrv 

Article 4 -Authorized Shares 

(Provide the number ofshares in the space below, then select option A QI option B. do not select both.) 

The total number of shares the corporation is authorized to issue is: 1000 

~~~~~~~~~~~~~~~~ 

D A. The par value of each of the authorized shares is: 

OR 

IZJ B. The shares shall have no par value. 

If the shares are to be divided into classes. you must set forth the designation ofeach class. the number ofshares ofeach class, the par value 

(or statement ofno par value). and the preferences. limitations. and relative rights ofeach class in the space provided for supplemental 

infonnation on this form. 

Article 5 - Purpose 

The purpose for which the corporation is formed is for the transaction of any and all lawful business for 

which a for-profit corporation may be organized under the Texas Business Organizations Code. 

Supplemental Provisions/Information 

Text Area: [The attached addendum. ifany, is incorpo.rated herein by reference.l 

·--- 

- --- 

-- --- 

·----- 

Form 201 5 


Organizer 

The name and address ofthe organizer: 

lyad Elaydi 

Name 

2506 Legend Ct. Cedar Hill TX 75104 

Street or Mailing Address City State Zip Code 

I 

Effectiveness of Filing (Select either A. B. or C.) 

J\. [{] This document becomes effective when the document is filed by the secretary ofstate. 

B. D This document becomes effective at a later date, which is not more than ninety (90) days from 

the date ofsigning. The delayed effective date is: 

C. 0 This document takes effect upon the occurrence of a future event or fact, other than the 

passage of time. The 90 1 h day after the date of signing is: 

The following event or fact will cause the document to take effect in the manner described below' 

Execution 

The undersigned affirms that the person designated as registered agent has consented to the 

appointment. The undersigned signs this document subject to the penalties imposed by law for the 

submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the 

undersigned is authorized to execute the filing instrument. 

Signature oforganizer "\ 

Iyad Elaydi 

Printed or typed name oforganizer 

Form 201 6 


·Certificate ofAmenchrient 

. FILED 

. In the Office of the 

Secretary of State of Texas 

MAR 15 2013 . 


Abundant'Ret~if,.Jnc; 

. . . . . 

· Article'::·one · · 

- •, 

The:name ofthe corpora.tion·is-as~set forth·below: 

AbundantRetail, li1c. 

The ·rning ~number 

0801367.986 

issued to .the corp:oiation by. the secret· 

of state is 

. . 

Article Two 

Tlie amendment cha·nges the certitlcate offormation to change th 

address ofthe' init_ial regi?tered ~igerit. -· · 

The certifitate'of formation· is amerid~dtcS (ead as folJovJs: 

The initial re·gistered agent is an individual resident ofthe,state'.wh 

set forth below: · 

ame·and 

e name'is 

Mohamed Bakr 

4041 W Wheatland;R·d, Ste. 220 

Dallas, TX 75237 

Article Three 

The amendment changes the certificate ·of'fofrhation to change'th . rticle stating 

the number of directors constituting, the !nitial ~card of director antj .. e nam_e!? · ._ 

11 

and addresses of the persons whO'.are to serve as directors until ct .fast :anr:iual !U: · 

. . ""ii ; j, ''II '.1: [I If 'it tq 1" 

meeting ofshareholders: , . . :;,:,! i '1a 1 ::

The .number of directors ..constituting the_'initial board,. of ·di 

ctors and the 

.· name.and-addresses ofthe~person or persons who are to'.se'rve. . directors until 

.. the first.annual meeting of sha.reholders o~ ..-~ntiUheir,succ~ssors e el~cted and 

.. qualified are ~set forth below: · ·. · · · - ·. · · · 

Mohamed Bakr 

404.1 W Wh~~tland Rd, Ste 220 

. Dallas, TX 75237 

ArtiCle Fou~ 

The amendments.to the certiftcCilte·9f.ior~ati6ri~hav·~~been,approv in the 

manner required by the Texa_s;Bus'lnessuCorporation Act and :by th constituent · 

docuhienJs of the corporation. 

The amendments to the Certificate ofFormation ~ave been approve 1 the man~er 

'. - . required by:theTexas Business~_6rga_nizati6n·Gode,and. the._entity's g erning 

documents.· • · ~· · · · · . 

)·. 

.. , 

"t-:;: ,"' 

Tnis~docunientwill become effective when ·the-docu~entis filed b 

of state. 

The undersigned signs this document subject to the penalties imp 

the submission of a false or fraudulentdocument. 

he secretary 

ed by law-for 

Dated this gth day of March 20-13 

. Authorized Officer 

.: .-cS..~~;-~;; s· 

.--::::: "'~-' . 

lyad Elaydi 


TEXAS FRANCHISE TAX PUBLIC INFORMATION REPORT 

05-102 To be filed by Corporations andLimited Liability Companies iLLC) and Financial Institutions 

(9-09/29) This report MUST be signed and filed to satisfy franchise tax requirements 

• Tcode 13196 


•Taxpayer number ~•-R_e_,.p_or_t.;..,ye_a_r~-~ You have certain rights under Chapter 552 and 559, Government Code, 

ta review, request, andcorrect information we have an file aboutyou. 

3 2 0 4 3 3 6 0 6 5 3 2 0 1 5 

Contact us at: (5 J2) 463-4600, or (800) 252- J381, toll free nationwide. 

Taxpayer name 

ABUNDANT RETAIL INC 

""M""a-il-in_g_a_d_d_re_s_s_4_0_4_1_W_W_H_E_A_T_L_A_N_D_R_D..,.,,...S_U_l_T_E_2_2_0______,,,=-,,--.,.----..,,,.,..------- 730 - 1137 

vE;DE jo I P1R IND 

o 

llll II Ill II Ill II Ill II Ill II Ill Ill Ill Illlll III 


OFFICE OF JOHN F. WARREN 

201000332733 

COUNTY CLERK, DALLAS COUNTY, TEXAS 

ANINC 1/1 

ASSUMED NAME CERTIFICATE FOR AN INCORPORATED BUSINESS OR PROFESSION 

NOTICE: "CERTIFICATES" ARE VALID NOT TO EXCEED IO YEARS FROM THE DATE FILED IN THE 

COUNTY CLERK'S OFFICE CHAPTER 71, SECT. 15l(a), TITLE 5 BUSI:'IESS AND COMMERCE CODE 

THIS CERTIFICATE PROPERLY EXECUTED IS TO BE FILED IMMEDIATELy wrrn THE COUNTY CLERK 

NAME UNDER WHICH BUSINESS OR PROFESSIONAL SERVICES IS OR WILL BE CONDUCTED: 

Address: 2801 Macarther Blvd 

HI FLAMEZ 

(Print or Type) 

City: Irving 

State:--'T-'-X-'--______.Zip Code: ~75_0~6~2~--- 

I. The name of the incorporated business or profession as stated in its Articles of Incorporation or comparable document is: 

ABUNDANT RETAIL 

2. 'The state, country, or other jurisdiction under the laws of which it was incorporated is-'D._a_l_la_s,_,T"""X-'------- 

_____________a,nd the address of its registered or similar office in that jurisdiction is: 

7925 S. Loop 12 Dallas TX 75217 

3. The period, not to exceed ten years, dming which this assumed name will be used is:~1~0__________ 

4. The corporation is a (circle one) business operation, non-profit corporation, professional corporation, professional association 

or other type of corporation (specify) _B~us"""i""ne~s""s._C~o'""rp'""o""ra"'ti"".o'"'"n'---------------------- 

5. Ifthe corporation is required to maintain a registered office in Texas, the address of the registered office is ____ 

7925 S. Loop 12 Dallas TX 75217 and 

the name of its registered agent at such address is HISHAM RASHID 

. The address of 

the principal office (if not the same as the registered office) is:------------------- 

6. If the corporation is not required to or does not maintain a registered office in Texas, the office address in Texas is: __ 

---------------------andif the corporation is not incorporated, organized or associated 

under the laws of Texas, the address its place of business in Texas is: -------------' and the office 

address elsewhere is:--------------------------------- 

?.The county or counties where business or professional services are being or are to be conducted or rendered under such 

assumed name are (if applicable, use the designation "all" or "all except ....:A...:L:::cl=---------------- 

8. If this instrument is executed by the attorney-in-fact, the attorney-in-fact hereby states t at he. 

writing, by his principal to execute and acknowledge this instrument. 

THE STATE OF TEXAS, COUNTY OF DALLAS 

BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared ___H..:...IS:..._H_A--'M-"'--R_A_S_H_ID_____ 

Known to me to be the person(s) whose name(s) is/are the subsclibed to the foregoing instrument and, under oath, acknowledged 

to me lhat (s) he signed the sarne for the purpose and consideration therein expressed. 

GIVEN UNDER MY HAND AND SEAL OF OFFICE. on _ 

____:D::..cE=-C::_:E=M.:..cB::...:E=-R_30_T_H___,20 10 

I and Recorded 

:ial Public Records 

F Warren, County Clerk 

IS County' TEXAS 

112010 11 :31 :37 RM 

10 

Notary Public in and for Dallas County 

201000332733 

form No 4243(Rev. 02-10) 



GLENN HE GAR 

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS 

P.O.Box 13528 • Austin, TX 78711-3528 

THE STATE OF TEXAS § 

COUNTY OF TRAVIS § 

OFFICIAL CERTIFICATION 

I, James G. Nolan, Custodian of Records for the Comptroller of Public Accounts, hereby 

certify that the document annexed hereto is a true and correct copy of the computer record 

evidencing the issuance of a Texas Sales Tax Permit to Abundant Retail, Inc. doing business as 

Hi Flamez, for outlet #4, located at 8438 Old Hickory Trail, Suite, 10 I, Dallas TX 75237-4074, 

as the same now appears in the official records of the Comptroller of Public Accounts, an agency 

of the State ofTexas. 

These records consist of records, reports, statements, or data compil ations, in any form, of a 

public office, setting forth the activities of the office or matters observed pursuant to a duty 

imposed by law as to which there was a duty to report, or factual findings resulting from an 

investigation made pursuant to authority granted by law. 

Witness my hand and seal of the Comptroller of Public Accounts at Austin, Texas, this 

16th day of August, 2016. 

s G. olan, 

ciate Deputy General Counsel 

stod ian of Records 

pen Records 

Comptroller of Public Accounts 

Comptroller.Texas.Gov • 512 -463 -4000 

Toll Free 1-800-531-5441 • Fax 512-305-9711 


XIPERM . 32043360653 . 26 . 00004 . L . 08/16/16 

LIMITED SALES , EXCISE , AND USE TAX PERMIT INQUIRY 

ORD 

HI FLAMEZ OUTLET NUMBER : 00004 

8438 OLD HICKORY TRL STE 101 

DALLAS TX 75237 - 4074 

DALLAS COUNTY - 057 

RESP BEG DATE : 11/15/2013 

RESP END DATE: 

PERMIT STATUS : PERMITTED 

ORIGINAL PERMIT PRINT DATE : 11/14/2013 

DUPLICATE PERMIT PRINT DATE: 06/30/2016 

NEVER SUSPENDED 

Enter- PF1 ---PF2---PF3---PF4 ---PF5---PF6---PF7---PF8---PF9---PF10--PF11--PF12-- 

LOC+ LOC - UPERM ISTAT ICOLL ISUMM TRAIL HELP 


ELECTRONICALLY RECORDED 201400322729 

12/19/2014 02:46:49 PM DEED 1/3 

SPECIAL WARRANTY DEED 

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU 

MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM 

TIDS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC 

RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE 

NUMBER. 

THE STATE OF TEXAS§ 

COUNTY OF DALLAS 

KNOW ALL MEN BY THESE PRESENTS: 

THAT 2010 OLD IDCKORY LLC, hereinafter called "Grantor," whether one or more, 

for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good 

and valuable consideration to the undersigned in hand paid by the Grantee herein named, the 

receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by 

these presents does GRANT, SELL AND CONVEY UNTO SYLVESTER IWOTOR, herein 

referred to as "Grantee, 11 whether one or more, all of Grantor's rights, title and interest in and to 

the real property described on Exhibit A. 

This conveyance, however, is made and accepted subject to any and all restrictions, 

encumbrances, easements, covenants and conditions, if any, relating to the hereinabove 

described property as the same are filed for record in the County Clerk's Office of Dallas 

County, Texas. 

TO HAVE AND TO HOLD the above described property, together with all and singular 

the rights and appurtenances thereunto in anywise belonging, unto the said Grantee, Grantee's 

heirs, executors, administrators, successors and assigns forever; and Grantor does hereby bind 

Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND 

FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, 

executors, administrators, successors and/or assigns against every person whomsoever claiming or 

to claim the same or any part thereof caused by through or under Grantor, but not otherwise. 

Current ad valorem taxes on the property having been prorated, the payment thereof is 

assumed by Grantee. 

• -t.1 ;-;fl\_ 

EXECUTED and effective as ofNovember~, 2014. 

GRANTOR: 

::10 Oli::LC 

Name: sYIVCSWOtor 

Title: Managing Member 


or, Individual 

STATE OF TEXAS 


BEFORE ME, the undersigned authority, on this day personally appeared Sylvester 

Iwotor, known to me to be the person whose name is subscribed to the foregoing instrument, 

and acknowledged to me that she executed the same as his act for the purposes and 

consideration therein expressed. 

GIVEN UNDER MY HAND AND SEAL OF OFFICE this Q. 

LATEEFAH OLUWATOSIN QUA~L--___:~~!tl:~~W.;__ 

My Commission Expires N 

February 22, 2017 



BEFORE ME, the undersigned authority, on this day personally appeared Sylvester 

Iwotor, Manager of2010 Old Hickory LLC, known to me to be the person whose name is 

subscribed to the foregoing instrument, and acknowledged to me that he executed the same as 

his act for the purposes and consideration therein expressed. 

GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6l.lfofNovember, 2014. 

Grantee's Address: 

913 HORSESHOE BEND 

RICHARDSON, TEXAS 75081 


Exhibit "A" 

TRACT 1: 

Being all of Lot 2B, Block N7557 of Hampton Square Retail Center, an addition to the 

City of Dallas, Dallas County, Texas, according to the plat thereof recorded under 

Clerk's File No. 200600275341, Plat Records, Dallas County, Texas. 

TRACT2: 

Being a non-exclusive easement as created in Non-Exclusive Access Easement and 

Reimbursement Agreement dated May 26, 1999, filed May 27, 1999, recorded in Volume 

99104, Page 8208, Deed Records of Dallas County, Texas. 

Filed and Recorded 

Official Public Records 

John F. Warren, County Clerk 

Dallas County, TEXAS 

12/19/2014 02:46:49 PM 

$34.00 

201400322729 

r~e 




P.O.Box 13697 

Austin, Texas 78711-3697 



Office of the Secretary of State 

The undersigned, as Secretary of State of Texas. does hereby certify that the attached is a true and 

correct copy of each document on file in this office as described below: 

20 I 0 Old Hickory LLC 

Filing Number: 801255305 

Certificate of Formation 

Public Information Report (PIR) 

April 13, 2010 

December 3 I, 2015 

In testimony whereof I have hereunto signed my name 

officially and caused to be impressed hereon the Seal of 

State at my office in Austin, Texas on August 10, 2016. 



---- 

Come 1·isit us on rhe internet at hrtp://vnnr.sos.state.rx.usl 

Phone: (512)463-5555 Fax: ( 512) 463-5709 Dial: 7-1-1 for Relay Services 

Prepared by: DROGERS TID: l 0266 Document: 684178080002 



P.O. Box 13697 

Austin. TX 78711-3697 

FAX: 512/463-5709 

Filing Fee: $300 

Certificate of Formation 

Limited Liability Company 

Filed in the Office of the 

Secretary of State of Texas 

Filing#: 801255305 04/13/2010 

Document#: 303184160002 

Image Generated Electronically 

for Web Filing 

Article 1 - Entity Name and Type 

The filing entity being formed is a limited liability company. The name of the entity is: 

2010 Old Hickory LLC 

Article 2 - Registered Agent and Registered Office 

r A. The initial registered agent is an organization (cannot be company named above) by the name of: 

17 B. The initial registered agent is an individual resident of the state whose name is set forth below: 

Name: 

Bruce E Turner 

C. The business address of the registered agent and the registered office address is: 

Street Address: 

1750 Valley View Lane 

Suite 120 Dallas TX 75234 

r A. A copy of the consent of registered agent is attached. 

OR 

Consent of Registered Agent 

17 B. The consent of the registered agent is maintained by the entity. 

OR 

Article 3 - Governing Authority 

17A The limited liability company is to be managed by managers. 

OR 

rs. The limited liability company will not have managers. Management of the company is reserved to the members. 

The names and addresses of the governing persons are set forth below: 

Manager 1 Sylvester lwotor Title: Manager 

Address 913 Horseshoe Bend Richardson TX, USA 75081 

Article 4 - Purpose 

The purpose for which the company is organized is for the transaction of any and all lawful business for which limited 

liability companies may be organized under the Texas Business Organizations Code. 

Supplemental Provisions/ Information 


[The attached addendum, if any, is incorporated herein by reference.] 

Organizer 

The name and address of the organizer are set forth below. 

Bruce E. Turner 1750 Valley View Lane Suite 120 Dallas TX 75234 

Effectiveness of Filing 

WA. This document becomes effective when the document is filed by the secretary of state. 

I B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its 

signing. The delayed effective date is: 

OR 

Execution 

The undersigned affirms that the person designated as registered agent has consented to the appointment. The 

undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or 

fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of 

law governing the entity to execute the filing instrument. 

Bruce E. Turner 

FILING OFFICE COPY 


Texas Franchise Tax Public Information Report 

To be filed by Corporations, Limited Liability Companies (LLC) and Financial Institutions 

This report MUST be signed and filed to satisfy franchise tax requirements 

Franchise 


•Taxpayer number •_Re...;po_r_ty'°"'e_a_r......,.-~ 

.... You have certain rights under Chapter 552 and 559, Government Code, 

to review, request, and correct information we hove on file about you. 

3 2 0 4 1 6 3 5 7 0 0 2 0 1 5 

Contact us at (800) 252-1381 or (512) 463-4600. 

Taxpayer name 

2010 OLD HICKORY LLC 

Mailing address HORSESHOE BND 

Secretary of State (SOS) file number or 

~-----------------.,.,,.,~----------..,=

AFFIDAVIT OF BONITA MORGAN 


COUNTY OF DALLAS § 

s s 

ss 

Before me, the undersigned authority, on this day, personally appeared BON IT A 

MORGAN, known to me to be the person whose name is subscribed to the following instrument, 

and having been by me duly sworn upon her oath, deposes and states as follows: 

I. My name is Bonita Morgan. I am over the age of eighteen years, am an adult 

resident of Dallas, Dallas County, Texas, and am fully competent and able to testify herein. I have 

personal knowledge of all of the facts set fo1ih in this affidavit, and am able to swear. as I hereby 

do swear, that all of said facts and statements contained in this affidavit are true and correct. 

2. I am and at all times herein mentioned have been an employee of the Dallas Police 

Department. I have been employed with the Dallas Police Department as a Detective in the 

Narcotics Division since 1997. My Badge Number is 6838. 

3. As an undercover police officer, I made several purchases of "spice" (also known 

as synthetic marijuana) at a convenience store known as Hi-Flamez Food Mart located at 8438 Old 

Hickory Trail #101, in Dallas, Texas. 

4. On May 25, 2016 I entered Hi-Flamez Food Maii and asked the clerk for four bags 

of "spice". I purchased 3 packages labeled "White Tiger'' and one package labeled "XXX" at 

$10.00 each, for a total of $40.00. I placed the packages in Drug Evidence Bag No. 082646D, 

attached hereto as Exhibit A. Officer E. Perez, Badge No. 7277, delivered the Drug Evidence Bag 

to the Baylor Property Room. The packages were sent to The Southwestern Institute of Forensic 

Sciences for laboratory analysis. l completed the police report attached hereto as Exhibit B. 

AFFIDAVIT OF BONITA MORGAN - page 1 


5. On June 2, 2016 I made another undercover buy at Hi-Flamez. I attempted to buy 

12 packages of"Brain Freeze", but was told by the clerk that he only had 11 packages. I purchased 

11 packages at $10.00 each, for a total purchase of $110.00. I placed the packages in Drug 

Evidence Bag No. 078679D, attached hereto as Exhibit C. Officer E. Perez, Badge No. 7277, 

delivered the Drug Evidence Bag to the Baylor Property Room. The packages were sent to The 

Southwestern Institute of Forensic Sciences for laboratory analysis. I completed the police report 

attached hereto as Exhibit D. 

6. On June 20, 2016 I made my third undercover buy of "spice'' at Hi-Flamez. 

purchased 11 packages of "Kush Apple" at $10.00 each, for a total purchase of $110.00. 

I took 

photographs of the packages attached hereto as Exhibit E. I placed the packages in Drug Evidence 

Bag No. 088693D, attached hereto as Exhibit F. Officer E. Perez, Badge No. 7277, delivered the 

Drug Evidence Bag to the Baylor Property Room. The packages were sent to The Southwestern 

Institute of Forensic Sciences for laboratory analysis. I completed the police report attached hereto 

as Exhibit G. 

7. On August 1, 2016 I made a fomih visitto Hi-Flamez. I asked the clerk for $500.00 

worth of "spice", and purchased 7 bags of "XXX-Platinum", 24 bags of ''Hookah Blast", and 19 

packages of "777", for a total of 50 bags at $500.00. I placed the packages in Drug Evidence Bag 

No. 089012D, attached hereto as Exhibit H. Officer E. Perez, Badge No. 7277, delivered the Drug 

Evidence Bag to the Baylor Property Room. The packages were sent to The Southwestern Institute 

of Forensic Sciences for laboratory analysis. I completed the police repmi attached hereto as 

Exhibit I. 

8. Judge Amber Givens-Davis of the 282 11 d Judicial Court of Dallas County, Texas 

granted a search warrant for Hi-Flamez Food Mart on August 3, 2016, attached hereto as Exhibit 



J. The search warrant was executed on August 4, 2016 by myself and several other officers. We 

seized 171 packages of "spice" and five bags of marijuana. The brands of "spice" included Brain 

Freeze, 7 Hydro, Diablo, Dr. Feel Good, Caution, Kush, White Tiger, Cloud Potpourri, Deadman 

Walking, Kisha Kole, Sin, Hookah Blast and Scooby Snax. A copy of the Incident Data Sheet 

Report is attached hereto as Exhibit K. 

Officer Michael Conway, Badge No. 7881, took 

photographs of the packages of "spice''. The pictures are attached hereto as Exhibit L. We placed 

the 171 bags of "spice" into Drug Evidence Bag No. 050774D, attached hereto as Exhibit M. 

Officer E. Perez, Badge No. 7277, delivered the Drug Evidence Bag to the Baylor Property Room. 

The packages obtained from the Search Warrant execution were sent to The Southwestern Institute 

of Forensic Sciences for laboratory analysis. I completed the Return and Inventory attached hereto 

as Exhibit N. 

I0. Attached hereto are 54 pages of records from the Dallas Police Department. The 

records attached hereto are exact duplicates of the originals, and it is a rule of the Dallas Police 

Department not to permit the originals to leave the office. 

SUBSCRIBED AND SWORN TO before me, on the21_1day of ()cro01c(2_ 

certify which witness my hand and official seal. 

, 2016 to 



EvidenceMANAGER 

Page 2 of2 

L~~--. I/___ J __ J ___, ___ ') IT'__ , J _ -- __ 1\ .< _ -- ___ __ I _ ___ n. • __ I _ - T 


,( 

PROSECUTION REPORT 2. DIVISION/SECTION 6. DISPOSITION 7. SERVICE# 

DALLAS POLICE DEPARTMENT 

NARCOTICS 

t-----~--------l 

DATE 125068-2016 

u-1.-C-AS_E_C-ONT-R-OU-WA_R_RA_N_T_#-----r-3.-IN-V-ES-T-IGA_T_O_R____-t-C- -U-RT--------~ 8. ARREST# 

0 

B. MORGAN #6838 

l•t INV. WORK PHONE 

DOCKET 

9. D.P.D. ID# 

(214) 671-3120 METHOD 

10. 

I 

TYPE 

1t TYPE 

REPORT: COMPLETE FILING: ADULT 

12. IF SUPPLEMENT INDICATE TO: 13. DATE OF ORIG. REPT. 114. REASON FOR 

SUPPLEMENT: 

1 711312016 

16. JUDGE 17. OTHER CO. 18. BY OFFICER 20. DATE 

lS. FILED 

WITH: 

2t STATUSOF 

SUSPECT 

WALKED THRU JUDGE 

AT LARGE 

I22. LOCATION OF 

SUSPECT 

AT LARGE 

23. ARRESTING 124. WORSHEET D 

OFFICER($) LO I FILING 

25. 

SUSPECT 

PRICE, JORDAN DOUGLAS 

26. 27. 28. 29. - 30. 

RACE B SEX M 

REDA 

REDACTED 

AGE • CTED DOB REDACTED 

RESIDENCE 

~. n 

DATE OF ARREST TIME OF ARREST ADO. OF ARREST 

34. 35. 36. 

DATE OF OFFENSE 5/25/2016 TIME OF OFFENSE 11:30 AM ADD. OF OFFENSE 8438 OLD HICKORY TRAIL DALLAS 

37. 

COMPLAINTANT 

38. 

HOW COMMITTED 

DALLAS POLICE DEPT 

SUSPECT SOLD K-2 TO UNDERCOVER OFFICER: 5-FLUORO ADB: METHYL (R)-2-{1-5-FLUOROPENTYL)-1H-lf. 

39. 

CHARGE MANUFACTURE OR DELIVERY OF PENALTY GROUP 2-A SUBSTANCE - HEALTH & SAFETY CODE, SEC. 481.113 F/1 

40. 41. REL TO OWNER 

PROPERTVTAKEN VALUE 0 YES QNO 

42. EVIDENCE SEIZURES 43. TAG #{S) 44, LOC. EVID. NOW 

8.3004G (19.81G) 0826460 BAYLOR PROPERTY 

45. RECORD CHECK YES 

46. ACCOMPLICES 47. 

RACE 

SUMMARY 

**SEE PAGE 2 FOR SUMMARY 

48. 

SEX 

49. 

DOB 

50. 

FILED ON 

s 

53. MAGJSTRATING IDWARNING FORM MAG1s. BY DATE BOND$ IDour BEFORE METHOD 

INFORMATION ATTACHED JUDGE MAGIS. 

I 

I--• 

EXHIBIT 

- 

~.DIV/SECTION su~v~~~~::L....-·--·--· ~5._B~°-GE---#_____ .J.~~=·1~=~~:~~1=6=·==··=··=-t·/=5=7.-=L~=-~"'-~L~l=l~=IS=O=~··=REV=--=IEW=·=·=-·====-.......J...:...====--"'-""-d .... 

 


- 

. I. ..

SUMMARY· PAGE 2 

SERVICE#: 125068-2016 

INVESTIGATOR: MORGAN #6838 

ARRESTED PERSON: PRICE, JORDAN DOUGLAS 

On May 25, 2016 at approximately 11 :30 A.M., Detectives B. Morgan #6838, Edgar Perez #7277, and Jerry Girdler 

#7367, and Anthony Whitaker #6954, were working in an undercover capacity at 8438 Old Hickory Trail #101, Dallas, 

Dallas County, Texas. 

Detective B. Morgan #6838 and A. Whitaker #6954 entered the location. Detective B. Morgan approached the cash 

REDACT 

window and asked B/Ml-years ED in age, approximately 5'09 in height, approximately 180 pounds in weight, short blad 

hair, and glasses, if he had any spice; Referring to K-2? The Unknown Suspect reached under the counter where he was 

sitting and removed a white and silver baggie labeled "White Tiger". Unknown suspect stated "This is all I got". Detectiv1 

B. Morgan asked "How Much"? The Unknown Suspect Stated $10.00 (Ten Dollars). Detective B. Morgan requested 4 

baggies and gave the suspect $40.00 (Forty Dollars) in U.S. Currency In exchange for the substance and both Detectives 

left the location. 

The K-2 was taken to Dallas Police Headquarters Narcotics Division for processing. 

The baggies contained a green leafy substance that was believed to be a form of K-2 and was not tested. 

The K-2 substance was weighed and placed into Drug Evidence Bag #082646-0 by B. Morgan #6838. 

The drugs was weighed by B. Morgan #6838 

The K-2 sent Dallas County Institute of Forensic Sciences for testing and was found to be positive for: 

5-fluoro ADB: methyl (R)-2-(1H-indazole-3-carboxamido)-3, 3-dimethylbutanoate. 

This material is controlled under Penalty Group 2_a of the Texas Controlled Substances Act. Section 481.103 (b) (5) 

WITNESSES 

BONITA MORGAN 6838 

EDGAR PEREZ 7277 

ANTHONY WHITAKER 6954 

SGT. JERRY GIRDLER 7367 

CAN TESTIFY TO 

CAN TESTIFY TO THE FACTS AS OUTLINED IN 

THIS CASE. 


THIS CASE. 


THI!? CASE. 

CAN TESTIFY TO THE FACTS AS OUTLINED IN 

THIS CASE. 


REDACTED 

REDACTED 

REDACTED 



Page 2 of2 

c. 

EXHIBIT 


1nnnnn1 r.

PROSECUTION REPORT 

2. DIVISION/SECTION 6. DISPOSITION 7. SERVICE# 

DALLAS POLICE DEPARTMENT NARCOTICS DATE 132588-2016 

1. CASE CONTROU WARRANT# 3. INVESTIGATOR 

COURT 

8. ARREST# 


4. INV. WORK PHONE 

DOCKET 

9. O.P.D. ID# 

(214) 671-3120 METHOD 

(J~ '113~ 

10. TYPE 

I11. TYPE 


12. IF SUPPLEMENT INDICATE TO: 113. DATE OF ORIG. REPT. 114. REASON FOR 

7/13/2016 

SUPPLEMENT: 

15 

· FILED 

16. JUDGE 17. OTHER CO. 18. BY OFFICER 20. DATE 

WITH:: WALKED THRU JUDGE 

2t STATUS OF 

SUSPECT 

25. 

SUSPECT PRICE, JORDAN DOUGLAS 

26. 27. 28. 29. 30. 

RED 

REDACTED 

REDACTED 

DOB -RESIDENCE 

ACT 

ED 

31. 32. 33. 

DATE OF ARREST TIME OF ARREST ADD. OF ARREST 

34. 35. 36. 

DATE OF OFFENSE 6/2/2016 TIME OF OFFENSE 9:00 AM ADD. OF OFFENSE 8438 OLH HICKORY TRAIL DALLAS 

RACE B SEX M AGE 

1• 

AT LARGE 

I 22. LOCATION OF 

SUSPECT 

AT LARGE 

23. ARRESTING 124. WORSHEET 

OFFICER(S) !.D 

FILING 

37 

COMPLAINTANT 

38. 

HOW COMMIITED 


39. 

CHARGE MANUFACTURE OR DELIVERY OF PENALTY GROUP 2-A SUBSTANCE-HEALTH & SAFETY COOE, SEC. 481.113 F/1 

. 40. 41. REL TO OWNER 

PROPERTY TAKEN VALUE DYES ONO 

42. EVIDENCE SEIZURES 43. TAG #(S) 44. LOC. EVID. NOW 


7.1746 GRAMS 078679-2016 BAYLOR PROPERTY ROOM 

~·"''-'''""'"""""''~"""'""-'"""-''"'--"""*"'"''',.,.,,.,,~"""''""~~,,,.,,,.,,,,..,,. 

46. ACCOMPLICES 47 48. 49. 50. 

RACE SEX DOB FILED ON 

SUMMARY 

** SEE PAGE 2 FOR SUMMARY 

SUSPECT SOLD K-2 TO UNDERCOVER: MAS.CHMINACA: N-1(1-AMIN0-3, 3-DIMETHLY-10XOBUTAN-2-Yl)-1 

SUMMARY - PAGE 2 

SERVICE #: 132588-2016 



On June 2, 2106 at approximately 09:00 A.M., Detectives B. Morgan #6838, Edgar Perez #7277, and Michael Conway 

#7881 were working in an undercover capacity at 8438 Old Hickory Trail #101, Dallas, and Dallas County, Texas. 

Detective B~an #6838 entered the location, Hi-Flames Food Mart, approached the cash window and came in contac 

REDACT 

with a B/M/:~ears ED in age, approximately 5'09 in hei~mately 180 pounds in weight, short black hair, and 

REDACTED 

glasses, who was later identified to be Jordan price B/MI-- Detective B. Morgan #6838 asked Suspect Price if 

he had any "Freeze", referring to K-2 brand of "Brain Freeze". The brand "Brain Freeze" ls the brand that was commonly 

sold on the street and was reported as the drug that was the source of overdoses concerning the homeless. Suspect 

Price stated "Yes". Detective B. Morgan #6838 requested 12 packets of Brain Freeze. Suspect reached under the 

counter and began counting packets and stated he only had 11. Detective B. Morgan paid $110.00 in U.S. Currency for 

the substance (One Hundred and Ten dollars). Suspect Price took the money from Detective B. Morgan and placed it to 

the left of him, not in the cash drawer that was slightly opened. Detective Morgan left the location. 

Suspect Price was identified through contact with patrol and was positively identified through AIS by B. Morgan #6838 as 

one of the Suspects involved in this transaction. 

The K-2 was taken to Dallas Police Headquarters Narcotics Division for processing. 

The K-2 substance was weighed, processed, and placed into Drug Evidence Bag #078679-D by B. Morgan #6838. 

The K-2 sent Dallas County Institute of Forensic Sciences for testing and was found to be positive for: 

MAB-CHMI NA CA: N-1 (1-amino-3, 3-dimethly-1 oxobutan-2-yl)-1-{ cycclohexyl methyl )-1 H-indazole-3-carboxamide 

weighing 7.1746 +/-0.0012 grams. 

This material is controlled under Penalty Group 2_a of the Texas Controlled Substances Act. Section 481.103 (b) (5) 

WITNESSES 


EDGAR PEREZ 7277 

MICHAEL CONWAY 7881 



THIS CASE. 


THIS CASE. 


THIS CASE. 


REDACTED 

REDACTED 

REDACTED 


STATE OF TEXAS AFFIDAVIT FOR ARREST WARRANT COUNTY OF DALLAS 

BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant who, after 

being duly sworn by me, on oath stated: My name is Detective B. Morgan, #6838, and I am a peace officer of the 

City of Dallas. Dallas County, Texas. I, the Affiant. have good reason and do believe that on or about June 2. 2016 

one Jordan Douglas Price did then and there in the City of Dallas, Dallas County, Texas, commit the offense of 

Manufacture or Delivery of Penalty Group 2-A substance a violation of Section 481.113 of the Texas Health & 

Safety Code a First Degree Felony. 

Affianfs belief is based upon the following facts and information which Affiant received from: 

Affiant's own personal investigation of this alleged offense. 

NARRATIVE: 

On June 2, 2106 at approximately 09:00 A.M., Detectives B. Morgan #6838, Edgar Perez #7277, and Michael 

Conway #7881 were working in an undercover capacity at 8438 Old Hickory Trail #101. Dallas, and Dallas County, 

Texas. 

Detective B. Morga~38 entered the location, Hi-Flames Food Mart, approached the cash window and came in 

REDACT 

contact with a B/M/:-years ED in age, approximately 5'09 in height, approximately 180 pounds in weight, short 

REDACTED 

black hair, and glasses, who was later identified to be Jordan price B/M/- Detective B. Morgan #6838 

asked Suspect Price if he had any •Freeze•, referring to K-2 brand of "Brain Freeze•. The brand "Brain Freeze• is 

the brand that was commonly sold on the street and was reported as the drug that was the source of overdoses 

concerning the homeless. Suspect Price stated -Yes•. Detective B. Morgan #6838 requested 12 packets of Brain 

Freeze. Suspect reached under the counter and began counting packets and stated he only had 11. Detective B. 

Morgan paid $110.00 in U.S. Currency for the substance (One Hundred and Ten dollars). Suspect Price took the 

money from Detective B. Morgan and placed it to the left of him, not in the cash drawer that was slightly opened. 

Detective Morgan left the location. 

Suspect Price was identified through contact with patrol and was positively identified through AIS by B. Morgan 

#6838 as one of the Suspects involved in this transaction. 

The K-2 was taken to Dallas Police Headquarters Narcotics Division for processing. 

The K-2 substance was weighed, processed, and placed into Drug Evidence Bag #078679-D by B. Morgan #6838. 

The K-2 sent Dallas County Institute of Forensic Sciences for testing and was found to be positive for. 

MAB-CHMINACA: N-1 ( 1-a mino-3, 3-dimethly-1 oxobutan-2-yl)-1-( cycclohexylmethyl)-1 H-indazole-3-carboxamide 

weighing 7.1746 +/-0.0012 grams. 

AFFIDAVIT PAGE: 1 OF 2 OF ARREST WARRANT FOR JORDAN DOUGLAS PRICE 


This material is controlled under Penalty Group 2_a of the Texas Controlled Substances Act. Section 481.103 (b) 

(5 

f1..:::::. 

AUSE DETERMIN 

On this the V/ day of.-"-'-'=-+--o:;;_--;.:....:.-- 

2016, I hereby acknowtedge that have examined the 

foregoing Affidavit and have determined that probable 

cause exists for the issuance of an arrest warant for 

the individual accused herein. 

AFFIDAVIT PAGE: 2 OF 2 OF ARREST WARRANT FOR JORDAN DOUGLAS PRICE 




IllllllIII Ill III 

8 19465 25242 4 


,,,, 

I\II 

19465 25242 



Page 2 of2 

EXHIBIT 

F 

'-a __ 11 _ __ -'---' ___'. ___ ,., JT' __;-' ____ - Plaintiff's ",r____ ----'----n.:._1__ Original Petition .r_______. - Page .ci: ,.l_,-1 122

 

PROSECUTION REPORT 

2. DIVISION/SECTION 6. DISPOSITION 7. SERVICE# 

DALLAS POLICE DEPARTMENT NARCOTICS DATE 149546-2016 

8. ARREST# 

1. CASE CONTROU WARRANT# 3 INVESTIGATOR 

COURT 


(J~1J3;). J 

~. INV. WORK PHONE 

DOCKET 

9. D.P.D.10# 

(214) 671-3120 METHOD 

TYPE 10. 111. TYPE 


12. IF SUPPLEMENT INDICATE TO: 113. DATE OF ORIG. REPT, 114. REASON FOR 

7/12/2016 

SUPPLEMENT: 

15 

• FILED 

16.JUDGE 17. OTHER CO. 18. BY OFFICER 20. DATE 

WITH; WALKED THRU JUDGE 

21. STATUS OF I 22. LOCATION OF 

SUSPECT 

AT LARGE 

SUSPECT 

25. 

SUSPECT PRICE, JORDAN DOUGLAS 

• 

RED 

REDACTED 

REDACTED 

RACE B SEX M AGE DOB IRESIDENCE 

ACT 

ED 

31. 32. 33. 

DATE OF ARREST TtME OF ARREST ADD. OF ARREST 

AT LARGE 

23. ARRESTING 124. WORSHEET 

OFFICER(S) ID 

FILING 

26. 27. 28. 29. JO._ 

34. 35. 36. 

DATE OF OFFENSE 6/20/2016 TIME OF OFFENSE 8:40 PM ADD. OF OFFENSE 8438 OLLO HICKORY TRAIL DALLAS 

37. 

COMPLAINTANT 

38. 

HOW COMMITIED 

DALLAS POLICE DEPT 

SUSPECT SOLD K-2 BRAIN FREEZE TO UNDERCOVER OFFICER: FUB-AMB:METHYL (1-{4-FLUOROBENZVL)-1 

39, 

CHARGE MANUFACTURE OR DELIVERY OF PENALTY GROUP 2-A SUBSTANCE- HEALTH & SAFETY CODE, SEC. 481.113 F/1 

40. 

41. REL TO OWNER 

PROPERTY TAKEN VALUE 0 YES ONO 

42. EVIDENCE SEIZURES 43. TAG#(S) 

44. LOC. EVID. NOW 

7.60 GRAMS (57.0SG} 0886930 BAYLOR PROPERTY ROOM 


! 

46. ACCOMPLICES 

SUMMARY 

**SEE PAGE 2 FOR SUMMARY 

47. 48. 49. 50, 

RACE SEX DOB FILED ON 

EXHIBIT 

~.. 

G 

~ 

METHOD 

53. MAGISTRATING I0 WARNING FORM MAGIS. BY DATE BOND$ I["lour BEFORE DATE ~·~~] MAGIS. INFO 

INFORMATION ATIACHED .JUDGE .• tMAGIS. NIA 

54. DIV/SECTION SUPV. APPROVAL 55. BADGE# 

I~:.o_~:~. 

157, LEGAL LIAISON REVIEW 


I 

56. DATE

SUMMARY· PAGE 2 

SERVICE#: 149546-2016 



On June 20, 2016 at approximately 08:40 P.M., Detectives B. Morgan #6838, Michael Conway #7881, and Sgt. Jerry 

Girdler #7367 were working in an undercover capacity at 8438 Old Hickory Trail, Dallas, and Dallas County, Texas. 

Detective B. Morgan #6838 and cover elements where investigation the Hi-Flamez Food mart for selling the Substance 

believed to be the Illegal drug substance K-2. Detective 8. Morgan drove up and entered the business with other 

unknown individuals buying K-2 from the location. Detective B. Morgan observed Suspect Jordan Price behind the 

counter serving customers. Detective B. Morgan knows Suspect Jordan from previous buys from the location. Detective 

B. Morgan requested to purchase a One Hundred Dollars' worth ($100.00) of Spice of Suspect Price. 

Detective B. Morgan gave Suspect Price One Hundred Dollars in U.S. Currency in exchange for the Spice (K2). Suspect 

Price counted the money back to detective B. Morgan #6838, once completed detective B. Morgan gave Suspect price 

another Ten Dollars in U.S. Currency ($10.00) for an additional bag of Spice (K-2). Suspect Price placed the money to 

his left on the shelf, Suspect Price reached under the counter and counted out the baggies and placed into a black plastic 

baggie and gave the baggie to Detective B. Morgan, as had done on previously buys. Detective B. Morgan left the 

location. 

Detective B. Morgan discussed a future buy from Suspect Price and left her contact with Suspect. 

Suspect was identified from contact marked elements. The Suspect had a good Texas ID and was checked through AIS 

to confirm his Identification. 

The K-2 sent Dallas County Institute of Forensic Sciences for testing and was found to be positive for : FUB-AMB: math~ 

(1-)4-flurobenzyl)-1H-indazole-3-carbonyl)-L-valainate. The weight of the substance was 7.60 +/- 0.12 grams. 

This material is controlled under Penalty Group 2-A of the Texas Controlled Substances Act. Section 481.103 (b)(5). 

WITNESSES 

BONJTA MORGAN 6838 

SGT. JERRY GIRDLER 7367 




THIS CASE. 


THIS CASE. 


THIS CASE. 


REDACTED 

REDACTED 

REDACTED 



Page 2 of2 

EXHIBIT 

1-1 


1 (\ /'")(\ /'")(\ 1 L.

PROSECUTION REPORT .JIVISION/SECTION • 6. DISPOSITION 

7. SERVICE# 

DALLAS POLICE DEPARTMENT DATE 184489-2016 

1. CASE CONTROL/ WARRANT# ,3. INVESTIGATOR 

: COURT 

'DOCKET 

METHOD 

10. TYPE 11. 


12. IF SUPPLEMENT INDICATE TO: 13. DATE OF ORIG. REPT. • 14. REASON FOR 

8/1/2016 

SUPPLEMENT 

8.ARREST# 

! 9. D.P.D. ID# 

15. FILED 16. JUDGE , 17. OTHER CO. 18. BY OFFICER 20. DATE 

WITH: 

WALKED THRU JUDGE 

21. STATUS OF 22. LOCATION OF 

SUSPECT SUSPECT AT LARGE 

AT LARGE 

23. ARRESTING · 24. WORSHEET : 

OFFICER(S) LO FILING ' 

25. 

SUSPECT 

FALL, IBRAHIMA SAMBA 

26. 27. 

RACE B SEX M 

28. 29. 

REDA 

AGE. CTED DOB 

30. 

RESIDENCE 

REDACTED 

REDACTED 

- 

31. 32. 33. 

DATE OF ARREST TIME OF ARREST ADD. OF ARREST 

34. 35. 36. 

DATE OF OFFENSE 8/1/2016 TIME OF OFFENSE 1 :25 PM ADD. OF OFFENSE 8438 OLD HICKORY TRAIL DALLAS 

37. 

COMPLAINTANT 

38. 

HOW COMMITTE~ 

39. 


SUSPECT DELIVERED K-2 TO UNDERCOVER OFFICER: FUB-AMB: METHYL (1-{4-FLUOROBENZYL )~~H-INDAZ 

CHARGE MANUFACTURE OR DELIVERY OF PENALTY GROUP 2-A SUBSTANCE- HEALTH & SAFETY CODE, SEC. 481.113 F/1 

- --- - 

40. 41. REL TO OWNER 

PROPERTY TAKEN VALUE 

' YES , .. · NO 

42 EVIDENCE SEIZURES.. 43. TAG #(S) 44 Loe: EVID. NOW 

313.7G K-2 0890120 BAYLOR PROPERTY ROOIV 


46. ACCOMPLICES 47. 48. 49. 

50. 

REDACTED 

REGINALD MOSS RACE 8 SEX M DOB - 

FILED ON YES 

SUMMARY 

**SEE PAGE 2 FOR SUMMARY 

. 

53. MAGISTRATING , WARNING FORM , MAGIS. BY DATE BOND$ OUTBEFORE METHOD 

INFORMATION 'ATTACHED , JUDGE .MAGIS. 

. SS. BADGE# 56. DATE · 57. LE.GAITIAlSON REVIEW 58. DATE 

/ ... 

i..e(vC...} 8/1/2016 


SUMMARY - PAGE 2 

SERVICE#: 184489-2016 


ARRESTED PERSON: FALL, IBRAHIMA SAMBA 

On August 1, 2016, at approximately 1 :25 P.M., Detectives B. Morgan #6838, Michael Conway #7881, David Roach 

#9150, and Michael Nunez #8576, were working in an undercover capacity at the Hi-Flamez Food Mart located at 8438 

Old Hickory Trail #101, Dallas, Dallas County, Texas. 

Detective B. Morgan entered the location and approached the cash window and observed two Suspect males inside the 

RED 

location behind the cash window. Detective B. Morgan asked Suspect Reginald Dewayne Moss, AKA: Reggie, a B/M/. 

ACTE 

REDACTED 

- 5' 09 in height, 180 pounds in weight, medium com lexion, and medium length black hair if she could talk to D 

REDACTED 

Suspect lbrahima Samba Fall, AKA: Sam, a B/M. 

pproximately 6'00 in height, approximately 180 pounds in 

weight, short black hair, and glasses. Detective organ aske Suspect Fall because he looked like another suspect she 

had purchased K-2 from on a previous occasion. Suspect Moss turned and told Suspect Fall, Detective Morgan wanted 

to speak to him. 

Suspect Fall came to the window; Detective B. Morgan asked if he remembered the Detective, from a previous 

conversation where they discussed a future buy of K-2. Suspect Fall stated "you talked to my brother, Jordan. Detective 

B. Morgan asked if he had any spice? Referring to K-2. Suspect Fall stated "Yes", how much? Detective Morgan 

requested $500.00 worth and asked if he could do it. Detective B. Morgan asked for Brain Freeze" and Supect Fall stated 

he didn't have it but showed Detective B. Morgan various other types he had. Detective B. Morgan stated could she have 

50 bags. Suspect Fall opened the side door to their secured area, from the other customers and allowed Detective B. 

Morgan to enter. Suspect Fall removed several baggies of various types of K-2 and began to show them to Detective 

Morgan and asked if she wanted to help count the bags. Detective Morgan sat down in a chair across from both 

Suspects. 

Suspect Moss continued to serve other customers with K-2, single cigarettes, and other items from the store and placed 

the currency from the buys under the counter to his left as Detective B. Morgan had seen another Suspect do on previous 

buys. Neither Suspects used the cash register at all during transaction or separate legal money from illegal sales. 

Suspect Fall began counting out baggies of K-2 and giving them to Detective Morgan, who placed the baggies into a black 

plastic baggie, given to her by Suspect Fall. Suspect Fall counted out 7 baggies of XXX-Platinum, 24 baggies of Hookah 

Blast, and 19 baggies of 777 types of K-2. Detective B. Morgan #6838 gave Suspect Fall Five Hundred Dollars in U.S. 

Currency ($500.00) in exchange for the baggies of K-2. Detective B. Morgan asked if she was "OK", with Suspect Fall 

and Suspect Moss she returned to buy more. Suspect Fall stated "Yes" and Suspect Moss nodded his head as to agree. 

Detective Morgan left the location. 

Both suspects were identified by the registration of their vehicles that were park in front of the location. Both suspect 

were seen going into the vehicles. Both Suspects drivers licenses were obtained and was positively Identified by 

Detective Morgan as the individuals that participated in the drug transaction. 

The K-2 was taken to Dallas Police Property Room for processing. 

The K-2 substance was weighed and placed into Drug Evidence Bag #089012-D by B. Morgan #6838. 

The baggies purchased that were believed to be K-2 were sent to Southwester Institute of Forensic Sciences and was 

found to be positive for: FUB-AMB: methyl (1-( 4-fluorobenzyl)-1 H-indazole-3-carbonyl)-L-valinate. 

This material is controlled under Penalty Group 2-A of the Texas Controlled Substances Act, Section 481.1031 (b)(5). 

WITNESSES 



MICHAEL NUNEZ 8576 



THIS CASE. 


THIS CASE. 


THIS CASE. 


STATE OF TEXAS AFFIDAVIT FOR ARREST WARP . 1 1 COUNTY OF DALLA 

BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant who, after 

being duly sworn by me, on oath stated: My name is Detective B. Morgan, #6838, and I am a peace officer of the 

City of Dallas, Dallas County, Texas. I, the Affiant, have good reason and do believe that on or about August 1, 

2016, one lbrahima Samba Fall did then and there in the City of Dallas, Dallas County, Texas, commit the offense 

of Manufacture or Delivery of Penalty Group 2-A substance a violation of Section 481.113 of the Texas Health & 

Safety Code a First Degree Felony. 

Affiant's belief is based upon the following facts and information which Affiant received from: 

Affiant's own personal investigation of this alleged offense. 

NARRATIVE: 

On August 1, 2016, at approximately 1 :25 P.M., Detectives B. Morgan #6838, Michael Conway #7881, David 

Roach #9150, and Michael Nunez #8576, were working in an undercover capacity at the Hi-Flamez Food Mart 

located at 8438 Old Hickory Trail #101, Dallas, Dallas County, Texas. 

Detective B. Morgan entered the location and approached the cash window and observed two Suspect males 

inside the location behind the cash window. Detective B. Morgan asked Suspect Reginald Dewayne Moss, AKA: 

REDACTED 

Reggie, a B/M/j- 5' 09 in height, 180 pounds in weight, mediu~n, and medium length black 

REDACTED 

hair if she coul~pect lbrahima Samba Fall, AKA: Sam, a B/M/-approximately 6'00 in height, 

approximately 180 pounds in weight, short black hair, and glasses. Detective Morgan asked Suspect Fall becausi 

he looked like another suspect she had purchased K-2 from on a previous occasion. Suspect Moss turned and 

told Suspect Fall, Detectiye Morgan wanted to speak to him. 

Suspect Fall came to the window; Detective B. Morgan asked if he remembered the Detective, from a previous 

conversation where they discussed a future buy of K-2. Suspect Fall stated "you talked to my brother, Jordan. 

Detective B. Morgan asked if he had any spice? Referring to K-2. Suspect Fall stated "Yes", how much? 

Detective Morgan requested $500.00 worth and asked if he could do it. Detective B. Morgan asked for Brain 

Freeze" and Supect Fall stated he didn't have it but showed Detective B. Morgan various other types he had. 

Detective B. Morgan stated could she have 50 bags. Suspect Fall opened the side door to their secured area, 

from the other customers and allowed Detective B. Morgan to enter. Suspect Fall removed several baggies of 

various types of K-2 and began to show them to Detective Morgan and asked if she wanted to help count the 

bags. Detective Morgan sat down in a chair across from both Suspects. 

Suspect Moss continued to serve other customers with K-2, single cigarettes, and other items from the store and 

placed the currency from the buys under the counter to his left as Detective B. Morgan had seen another Suspect 

do on previous buys. Neither Suspects used the cash register at all during transaction or separate legal money 

from illegal sales. 

Suspect Fall began counting out baggies of K-2 and giving them to Detective Morgan, who placed the baggies intc 

a black plastic baggie, given to her by Suspect Fall. Suspect Fall counted out 7 baggies of XXX-Platinum, 24 

baggies of Hookah Blast, and 19 baggies of 777 types of K-2. Detect~ve B. Morgan #68.38 gave Suspect Fall_ Five 

Hundred Dollars in U.S. Currency ($500.00) in exchange for the baggies of K-2. Detective B. Morgan asked 1f she 

was "OK", with Suspect Fall and Suspect Moss she returned to buy more. Suspect Fall stated "Yes" and Suspect 

Moss nodded his head as to agree. Detective Morgan left the location. 

Both suspects were identified by the registration of their vehicles that were park in front of the location. Both 

suspect were seen going into the vehicles. Both Suspects drivers licenses were obtained and was positively 

Identified by Detective Morgan as the individuals that participated in the drug transaction. 

The K-2 was taken to Dallas Police Property Room for processing. 

The K-2 substance was weighed and placed into Drug Evidence Bag #089012-D by B. Morgan #6838. 

AFFIDAVIT PAGE: 1 OF 2 OF ARREST WARRANT FOR IBRAHIMA SAMBA FALL 


AFFIDAVIT PAGE: 2 OF 2 OF ARREST WARRANT FOR IBRAHIMA SAMBA FALL 


AFFIDAVIT FOR SEARCH WAF" \NT 

ST ATE OF TEXAS § 8438 OLD HICKORY TRAIL#!Ol, 

§ in the City of Dallas, 

COUNTY OF DALLAS § Dallas County, Texas 

The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly 

sworn, on oath makes the following statements and accusations 

1. There is in Dallas County, Texas a suspected place and premises described and located 

as follows: A single story business having a tan stucco exterior, dark grey awning above the 

front door, the business is "HI-FLAMEZ FOOD MART" and is the second business 

entrance starting from left to right. There are black burglar bars on the front double glass 

front doors, the numbers "8438" located to the right of the front door horizontally and the 

numbers "10 I" located above the front doors. The business is located at 8438 Old Hickory 

Trail #101, in the City of Dallas, Dallas County, Texas. Said suspected place, in addition 

to the foregoing description, also includes all other buildings, structures, vehicles, places 

and the said premises and within the curtilage, if said premises is a business, which are 

found to be under the control of the suspect(s) described below and in, on or around 

which said suspected party may reasonably reposit or secrete property which is the object 

of the search requested herein. 

2. There is at said suspected place and premises personal property concealed and kept in 

violation of the laws of Texas and described as follows: A Controlled Substance as well 

as implements and or instruments used in the commission of a crime, evidence of an offense 

or constituting evidence tending to show that a particular person committed an offense: 

Manufacturing, Delivery or Possession with the intent to Deliver a controlled substance: 

FUB-AMB: methyl ( 1-(4-fluorobenzyl)-1 H-indazole-3-carbonyl)-L-valinate. This material 

is controlled under Penalty Group 2-A of the Texas Controlled Substances Act, Section 

481.1031 (b)(5). The substance is also known by the street term K-2 or Spice. 

3. Said suspected place and premises are in charge of and controlled by the following 

person (s). 

REDACTED 

Suspect #1: Jordan Douglas Price B/M/ 

REDACTED 

Suspect #2: Ibrahima Samba Fall B/M/ 

REDACTED 

Suspect #3: Reginald Dewayne Moss B/M/ 

4. It is the belief of Affiant, and he hereby charges and accuses that: The suspects 

described in paragraph #3 above did on the 1st day August, 2016, at 8438 Old Hickory 

Trail # 10 lin the City of Dallas, Dallas County, Texas possess and deliver a controlled 

substance: FUB-AMB: methyl ( 1-(4-fluorobenzyl)-lH-indazole-3-carbonyl)-L-valinatc. 

This material is controlled under Penalty Group 2-A of the Texas Controlled Substances 

Act, Section 481.1031 (b)(5). 

The substance is also known by the street term K-2 or 

Spice. 

Affidavit - page 1 

EXHIBIT 

J9 


S. Affiant has 1-'.Jbable cause for said belief by reason "'' the following: Affiant, B. 

Morgan #6838, is employed by the Dallas Police Department and is currently assigned to 

the Narcotics Division as a Detective. 

I, the Affiant, received information from a citizen that on several occasions, the 

suspects described in paragraph #3 were observed on multiple occasions at the location 

selling suspected K-2 from inside the listed business. Affiant conducted multiple 

undercover operations and the listed suspects described in paragraph #3 previously sold 

K-2 from inside the business to the Affiant. 

On August 1, 2016, at approximately 1:25 P.M., Detectives B. Morgan #6838, Michael 

Conway #7881, David Roach #9150, and Michael Nunez #8576, were working in an 

undercover capacity at the Hi-Flamez Food Mart located at 8438 Old Hickory Trail 

#101, Dallas, Dallas County, Texas. 

Detective B. Morgan entered the location, approached the cash window and made 

contact with listed suspects in paragraph #3. Detective B. Morgan asked if they had any 

spice; Referring to K-2? Suspect Fall stated yes, how much? Detective Morgan 

requested $500.00 worth and asked Suspect Fall if he could do it. Detective B. Morgan 

asked for Brain Freeze" and Suspect Fall stated he didn't have it but showed Detective 

B. Morgan various other types he did have. Detective B. Morgan requested 50 bags. 

Suspect Moss continued to serve other customers with K-2, single cigarettes, and other 

items from the store and placed the currency from the buys under the counter to his left 

as Detective B. Morgan had observed another Suspect do on previous buys. Neither 

Suspect used the cash register at all during transaction or separate legal money from 

illegal sales. Suspect Fall counted out baggies of K-2 and delivered them to Detective 

Morgan. Suspect Fall counted out 7 baggies of XXX-Platinum, 24 baggies of Hookah 

Blast, and 19 baggies of 777 types of K-2. Detective B. Morgan gave Suspect Fall Five 

Hundred Dollars in U.S. Currency ($500.00) in exchange for the baggies of K-2. 

The baggies purchased that were believed to contain K-2 were sent for laboratory 

analysis to The Southwestern Institute of Forensic Sciences and found to be positive for: 

FUB-AMB: methyl ( 1-(4-fiuorobenzyl)- l H-indazole-3-carbonyl)-L-valinate. 

This material is controlled under Penalty Group 2-A of the Texas Controlled Substances 

Act, Section 48 l.103 l(b)(5). The substance is also known by the street term K-2 or 

Spice. 

Affiant believes that the business/warehouse may contain more various forms of K-2 or 

Spice and other evidence that goes along with narcotics trafficking inside the business at 

8438 Old Hickory Trail # l 0 I in the City of Dallas, Dallas County, Texas. 



Affiant requests thorization to enter the suspected pla and premises without first 

knocking and ar,._JLmcing the presence and purpose of l, __ .cers executing the warrant 

sought herein. As my reasons to believe that such knocking and announcing would be 

dangerous, futile, or would inhibit the effective investigation of the offense described in 

this Affidavit, affiant submits the following facts and circumstances: The window in 

front of the business has burglar bars and a surveillance camera which would detect 

the presence of law enforcement. 

Wherefore, Affiant asks for issuance of a warrant that will authorize him to search said 

suspected place and premises for said personal property and seize the same and to arrest 

each said described and accused person. 

s 



SEARCH WARRANT 

STATE OF TEXAS § 8438 Old Hickory Trail #101, 

§ in the City of Dallas, 

COUNTY OF DALLAS ~ Dallas County, Texas 

THE STATE OF TEXAS to any Sheriff or any Peace Officer of Dallas County, Texas, or 

any Peace Officer of the State of Texas. 

GREETINGS: 

WHEREAS, the Affiant whose signature is affixed to the Affidavit attached hereto did 

heretofore this day subscribe and swear to said Affidavit before me (which said affidavit 

was attached to this Warrant at the time the Warrant was issued and is by this reference 

incorporated herein for al! purposes), and whereas I find that the verified facts stated by 

Affiant in said Affidavit show that Affiant has probable cause for the belief he expresses 

therein and establish the existence of proper grounds for the issuance of this Warrant: 

NOW, THEREFORE, you are commanded to enter the suspected place and premises 

described in said Affidavit and to there search the premises, persons, vehicles and 

curtilage described as follows: 

There is in Dallas County, Texas a suspected place and premises described and located as 

follows: A single story business having a tan stucco exterior, dark grey awning above the 

front door, the business is "HI-FLAMEZ FOOD MART" and is the second business 

entrance starting from left to right. There are black burglar bars on the front double glass 

front doors, the numbers "8438" located to the right of the front door horizontally and the 

numbers "10 I" located above the front doors. The business is located at 8438 Old Hickory 

Trail # 101, in the City of Dallas, Dallas County, Texas. Said suspected place, in addition 

to the foregoing description, also includes all other buildings, structures, vehicles, places 

and the said premises and within the curtilage, if said premises is a business, which are 

found to be under the control of the suspect(s) described below and in, on or around 

which said suspected party may reasonably reposit or secrete property which is the object 

of the search requested herein. 

At the above described premises, persons or vehicles you shall search for and seize the 

following items: 

A Controlled Substance to wit: FUB-AMB: methyl (1-(4-fluorobenzyl)-l H-indazole-3 

carbonyl)-L-valinate. This material is controlled under Penalty Group 2-A of the Texas 

Controlled Substances Act, Section 481.1031 (b) (5). The substance is also known by the 

street term K-2 or Spice as well as implements and or instruments used in the commission of 

a crime, evidence of an offense or constituting evidence tending to show that a particular 

person committed an offense: Unlawful Possession with the intent to Deliver a Controlled 

Substance: FUB-AMB: methyl ( 1-(4-fluorobenzyl)- l H-indazole-3-carbon yl)-L-valinate. 

This material is controlled under Penalty Group 2-A of the Texas Controlled Substances 

Act, Section 481.1031 (b)(5). 


I further find th· •ffiant has established sufficient reaso· 1 believe that to knock and 

announce their p~.-eose by the officers executing this Wane .... would be futile, dangerous, 

and otherwise inhibit the effective investigation of the offense or offenses related to the 

purpose of this Warrant. Therefore, unless circumstances to the contrary are discovered 

prior to entry, you are hereby authorized to dispense with the usual requirement that you 

knock and announce your purpose before entering the suspected place to execute this 

Warrant. 

Herein fail not, but have you then and there this Warrant within three days , exclusive of 

the day of its issuance and exclusive of the day of its execution with your return thereon, 

showing how you have executed the same. 

--~~--- o'clock -~p__ .M, on this the _3_·__ day of 

t--- /h 81ve«s- tfJM'-5 

--------''--=-'""+-""--'OL.--f-----' 2016, to certify which witness my hand this day. 

DOE, DALLAS COUNTY, TEXAS 


CITY OF DALLAS POLICE DEPARTMENT 

Incident ID: 187057-2016 

Incident Data Sheet Report ORI Number: 

Page: 1 Printed On: 1011212016 07:54 (Wed) 

~cident ID: 187057-2016 I Offense Code: SEIZED PROPERTY (NO OFFENSE) (NA-99999999-MSC13) 

Occurred Address: 8438 OLD HICKORY TRL DALLAS, TX 75237 

District: TENNEL Post: 745 

I Source: 

Log#: File#: I Case#: 

Situation Found: 

Disposition: 

SUSPENDED 

I 

Date Reported: 8/4/2016 14:00 Disp Date: 8/512016 00:00 

Date Occurred: 814/2016 13:00 TO 8/412016 13:00 Case Status: SUSPENDED 

Status Date: 815/2016 00:00 

Shooting: DI Domestic Violence: LJ I Hate Crime: LJ I Follow-Up: LJ I Reclassify: 0 

·-- 

Date Approved By Supervisor: 8/5/2016 09:54 Supervising Officer: CLARK, SHELIA# 15356 

Division: Reporting Officer: MORGAN, BONITA# 6838 

Date Assigned To Investigator: 

lln 

Synopsis: 

8438 OLD HICKORY TRAIL 

Calls For Service 

-- 

CFS#: 16-1541394 

Oisp Recd: 8/412016 16:27 

Dispatched: 

Arrived: 

8/4/2016 16:27 

8/4/2016 16:27 

Cleared: 8/412016 16:28 

Dispatcher: 'IMRQl=I I ANGELA M 

Call Codes: 

58 ·ROUTINE INVESTIGATION 

58 ·ROUTINE INVESTIGATION 

i 

EXHIBIT 

t K 


CITY OF DALLAS POLICE DEPARTMENT 



Page: 2 Printed On: 10/12/2016 07:54 (Wed) 

Associated Names 

VICTIM 

I Vict/Susp Rel: I Name: CITY OF 0'11 1 """ OF 

DOB Agerrime: j Juv: I Sex: 

Home Phone: (214) 671-3175 

I 

Work Phone: (214) 670-4384 

I 

! 

SSN: !Race: 

Other Phone: 

Arrest# 

I FBI: I 

Appr 

I Appr By: I Charges: 

Circumstance: 

Visitor: 0 Military: 

I 

0 

i Police Dept Associate: 0 I 

Transported By: 

Condition: 

Injuries 

SB!: /state I 

I 

Justif. Homicide: 

I 

I-:Zt:o;,v1 '" 

I I 

I 

I Confined: 0 

I I Refused Admission: 01 

Other Action: 

I 

Breath Test: 0 I Blood Test: 0 Refused Test: Test Results: 

I 01 

Drivers License State: Expiration: Number: 

Clothing: 

Primary Address: 1400 S LAMAR DALLAS, TX 75215 

Primary Mailing: 

Sent Home: D 

l 

i 

i 

' 

I 

i 

Second Address: 

Second Mailing: 

Advice of Victims Rights Provided D How Notified 

: 

! 

I 

Offense 1 SEIZED PROPERTY (NO OFFENSE) 

Employer Occupation Phone Number Employed From Employed To 

Work Address: 

Comment: 







SUSPECT 

I Vict/Susp Rel: I Name: MOSS, REGINALD 

DOB 

Home Phone: 

Age/Time: 

I FBI: 

I 

I 

I 

Work Phone: 

I 

M 

I SSN: 

Other Phone: 

I Cr1a'!:!"'"· 

!Race: BLACK 

!State 

~· 

' 

Visitor: Dj Military: D I Police Dept Associate: D Justif. Homicide: 

' 

Follow-Up: 

Injured: 

Hospital: 

I Reasons for Treatment: 

I Weap: 

I Physician: 

I Treated: 0 IVoluntary: 

Transported By: I Confined: LJ I Refused Admission: 0 I Sent Home: D 

Condition: 

Injuries 

I 

Other Action: 

Breath 

I Blood Test: D Refused Test: Test Results: 

i 

Drivers License State: Expiration: Number: 

Clothing: 

I 

Primary Address: 

I 

I 

Primary Mailing: 

Second Address: 

Second Mailing: 

Advice of Victims Rights Provided O How Notified 

Employer Occupation Phone Number Employed From Employed To 

Comment: 



Incident ID: 187057·2016 Incident Data Sheet Report ORI Number: 



SUSPECT Vict/Susp Rel: Name: FALL, IBRAHIM 

DOB Age/Time: M SSN: Race: BLACK 

Home Phone: Work Phone: Other Phone: 

Arrest# 

Circumstance: 

Military: Police Dept Associate: Justif. Homicide: 

Reasons for Treatment: 

Treated: D Voluntary [_] 

Physician: 

Sent Home: 

D 

Primary Address: 

Primary Mailing: 

Second Address: 

Second Mailing: 

Offense 1 SEIZED PROPERTY (NO OFFENSE) 

Work Address: 

Comment: 



Incident ID: 187057-2016 



Property 

Tag#: 100462484 

Action: EVIDENCE 

Brand: 

Prop Type: 

J Model: 

Units: 1 Amt/Unit 

Disposition: 

Serial Number: 

Secondary Action: 

Secondary Value: 

Description: 

Comment: 

I Est Value: 

ioccurred 814/2016 13:00 iReported On: 8/4/2016 14:00 

i 

i 

l UCR Code: Plants iNCIC Code: 

i 

j Secondary Location: 

I Secondary Reported On: 

!Secondary Occurred 

I 




Incident Data Sheet Report 

ORI Number: 


Narrative 

Created Date: 8/5/2016 09:54 !By FBR Import Updated: 8/5/2016 09:54 By FBR Import 

Text: 

Title: 

On /8/4/2016, Narcotics detectives executed a narcotics Search Warrant at the Hl-Flamez Food Mart, located at 8438 Old Hickrny Trail, 

City of Dallas, Dallas County, Texas, 

The location was secured and the following were seized: 1184.l grams of K2 in the following types, 245.6 grams of Caution, 275.6 

grams of Kisha Kole, 136.0 grams Dead man Walking, 346.1 grams of Brain Freeze, 317.3 grams of Doctor, 4 grams White Tiger, 20 

grams of Scooby Snax, 20 grams Sin, 12 grams Hookah Blast 4 grams of 777, 4 grams of Cloud, 4 grams of 7 Hydro, and 8 grams of 

Kush. Loose cigarettes, TABC permit and Tax permit. DVR, !-Pad and Misc. paperwork. 




Incident Data Sheet Report 

ORI Number: 


Narrative 

Created Date: 8/5/2016 09:54 jsy:FBR Import /oate Updated: 8/5/2016 09:54 jsy: FBR Import 

Text: 

Title: I Locked: 0 

On /8/4/2016, Narcotics detectives executed a narcotics Search Warrant at the HI-Flamez Food Mart, located at 8438 Old Hickory Trail, 

City of Dallas, Dallas County, Texas, 







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Page 2 of2 

EXHIBIT 

L'1 


Rm/?Ol fi

RETURN AND INVENTORY 

STATE OF TEXAS 8438 Old Hickory Trail #101, 

in the City of Dallas, 


Dallas County, Texas 

The undersigned Affiant, being a Peace Officer under the laws of Texas and being duly 

sworn, on oath certifies that the foregoing Warrant came to hand on the day it was issued 

and that it was executed on the 4TH day of, August 2016 , by making the search 

directed therein and seizing during such search the following described item(s): 

Arrestees: 

REDACTED 

Reginald Dewayne Moss B/M DOB: - 

was charged with: Hold DSO: 

VHSC 481.113. 

Ibrahima Samba Fall B/M DOB: -was REDACTED 

charged with: Hold DOS: VHSC 

481.113. 

Lavinti Perry B/M DOB: -was REDACTED 

charged with Possession of Marijuana: 

VHSC 481.121 M/A. 

Drugs seized: 1,184.1 grams of K-2 

7.5 grams of Marijuana. 

Weapons Seized: 

Money Seized: 

Property Seized: I-Pad, DVR, and MISC documents. 

SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this 

d0 1 J1 day of C- C TC·f::,{R_ __, 20 _Jlo_. 


EXHIBIT 

IN

This affidavit is in compliance with Texas Rules of Court, Rule 902 (10b). 

Case No.: IFS-16-09402 Dallas County Institute of Forensic 

Sciences 

Forensic Chemistry Section 

In The Matter Of: 

In the County of DALLAS 

State of TEXAS 

Morgan Case 

Agency: 

Reference/Service Number: 

Dallas Police Department 1250682016 

AFFIDAVIT 

Before me. the undersigned authority, personally appeared, Monica Lopez, Drug Lab 

Supervisor, who, being by me duly sworn, deposed as follows: 

My name is Monica Lopez, Drug Lab Supervisor. I am over 21 years of age, of sound mind, 

capable of making this affidavit, and personally acquainted with the facts herein stated: 

I am the Custodian of Records for the Forensic Chemistry Section of the Dallas County 

Institute of Forensic Sciences. Attached hereto is one page of records from the Dallas County 

Institute of Forensic Sciences. 

This said one page of records is kept by the Drug Analysis 

Laboratory in the regular course of business, and it was in the regular course of business of the 

Dallas County Institute of Forensic Sciences for an employee or representative with personal 

knowledge of the act, event, or condition recorded to make the memorandum or record or to 

transmit information, thereof, to be included in such memorandum or record; and the memoranda or 

records were made at or near the time of the act, event, or condition recorded, or reasonably soon 

thereafter. The records attached hereto are exact duplicates of the original, and it is a rule of the 

Dallas County Institute of Forensic Sciences not to permit the original to leave the office. 

Monic~rvisor 

 

SUBSCRIBED before me on the 11th day of October , 2016. 

Notary Pu · ftd for 

DALLAS County, Texas 


SOUTHWESTERN 

INSTITUTE OF FORENSIC SCIENCES 

AT DALLAS 

Telephone: 214 920 5993 

Fax: 214 920 5812 

2355 North Stemmons Freeway 


DRUG ANALYSIS TEST REPORT 

SWIFS Case No: IFS-16-09402 Request No: 0001 June 14, 2016 

Agency: 

Dallas Police Department 

Jack Evans Police Building 

1400 S. Lamar St. 

Dallas, TX 75215-1815 

Case of: 

Morgan Case 

Agency Case Number: 1250682016 

Badge No: 6838 (Exhibit 001) 

Evidence Submitted: 

The following evidence was received by the Laboratory from Dallas Police Department: 

001: heat-sealed bag (Tag: 082646D) weighing 52.80 grams 

001-001: two foil pouches containing plant material 

001-002: one foil pouch containing plant material 

001-003: one ziplock bag containing plant material 

001-004: misc: one foil pouch 

Results of Examination: 

Ex.#001-001: 

The following item(s) were used for analysis: two foil pouches containing plant material. 

The plant material contained 5-fluoro ADB: methyl (R)-2-(1-(5-fluoropentyl)-1 H-indazole-3-carboxamido)-3,3-dimethylbutanoate. 

This material is controlled under Penalty Group 2-A of the Texas Controlled Substances Act, Section 481.1031 (b)(5). 

The total weight of the material, including adulterants or dilutants, was 0.292790 +/- 0.000086 ounces. 

The total weight of the material, including adulterants or dilutants, was 8.3004 +!- 0.0024 grams. 

Ex.#001-002: 

The following item(s) were weighed: one foil pouch containing plant material. 

The gross weight of the material was 6.3790 grams. 

Ex.#001-003: 

The following item(s) were weighed: one ziplock bag containing plant material. 


Analyses Performed: 

Ex.#001: 

Ex.#001-001: 

GC/MS 

Marihuana Cannabinoids 

Ex.#001-002: 

Ex.#001-003: 

Net weight is reported at a coverage probability of 99. 73%. 

Breahna Giles, M.S. 

Analyst 

Erin Spargo, Ph.D., F-ABFT 

Technical Reviewer 


Page 1 of 1

This affidavit is in compliance with Texas Rules of Court, Rule 902 (10b). 


Sciences 





Morgan Case 

Agency: 



AFFIDAVIT 

Before me. the undersigned authority, personally appeared, Monica Lopez, Drug Lab 





Institute of Forensic Sciences. Attached hereto are two pages of records from the Dallas County 


These said two pages of records are kept by the Drug Analysis 







Dallas County Institute of Forensic Sciences not to permit the original to leave the office. 

Mon~~visor 

 

UBSCRIBED before me on the 11th day of October 

'2016. 

Notary Pu · d for 



SOUTHWESTERN 


AT DALLAS 

Telephone: 214 920 5993 

Fax: 214 920 5812 





Agency: 

Dallas Police Department 

Jack Evans Police Building 

1400 S. Lamar St. 

Dallas, TX 75215-1815 

Case of: 

Morgan Case 

Agency Case Number: 

Badge No: 

Evidence Submitted: 

6838 (Exhibit 001) 

1325882016 

The following evidence was received by the Laboratory from Dallas Police Department: 

001: heat-sealed bag (Tag: 078679D) weighing 102.01 grams 


Ex.#001-001: 

001-001: one ziplock bag containing plant material 

001-002: one foil ziplock bag containing plant material 

001-003: nine foil ziplock bags containing plant material 

001-004: one foil ziplock bag with residue 

The following item(s) were used for analysis: one ziplock bag containing plant material. 

The plant material contained MAB-CHMINACA: N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1 

( cyclohexylmethyl}-1 H-indazole-3-carboxamide. 


The total weight of the material, including adulterants or dilutants, was 0.130170 +/- 0.000043 ounces. 

The total weight of the material, including adulterants or dilutants, was 3.6904 +/- 0.0012 grams. 

Ex.#001-002: 

The following item(s) were used for analysis: one foil ziplock bag containing plant material. 


( cyclohexylmethyl)-1 H-indazole-3-carboxamide. 




Aggregate Weight: 

The total weight of the material containing MAB-CHMINACA: N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1 

(cyclohexylmethyl)-1H-indazole-3-carboxamide in Exhibits 001-001 and 001-002 was 0.253070 +/- 0.000086 ounces. 

The total weight of the material in Exhibits 001-001 and 001-002 was 7.1746 +/- 0.0024 grams. 

Ex.#001-003: 

The following item(s) were weighed: nine foil ziplock bags containing plant material. 


Page 1of2 


IFS-16-09918 . 0001 

Case of: Morgan Case 

June 30, 2016 


Ex.#001: 

Ex.#001-001: 

GC/MS 

Marihuana Cannabinoids 

Ex.#001-002: 

GC/MS 


Ex.#001-003: 


Daniel Hall, M.P.S. 

Analyst 



Page 2 of 2 




This affidavit is in compliance with Texas Rules of Court, Rule 902 (1 Ob). 


Sciences 





Jordan Price 

Agency: 



AFFIDAVIT 

Before me, the undersigned authority, personally appeared, Monica Lopez, Drug Lab 





Institute of Forensic Sciences. Attached hereto is one page of records from the Dallas County 


This said one page of records is kept by the Drug Analysis 







Dallas County Institute of Forensic Sciences not to permit t 

UBSCRIBED before me on the 11th day of October 

'2016. 


SOUTHWESTERN 


AT DALLAS 

Telephone: 214 920 5993 

Fax: 214 920 5812 





Agency: 

Case of: 

Jordan Price 




Dallas, TX 75215-1815 






001-001: two foil pouches containing plant material 

001-002: eight foil pouches containing plant material 

001-003: one ziplock bag containing plant material 

001-004: one foil pouch with plant residue 


Ex.#001-001: 

The following item{s) were used for analysis: two foil pouches containing plant material. 

The plant material contained FUB-AMB: methyl (1-(4-fluorobenzyl)-1 H-indazole-3-carbonyl)-L-valinate. 



The total weight of the material, including adulterants or dilutants, was 7.60 +/- 0.12 grams. 

Ex.#001-002: 

The following item(s) were weighed: eight foil pouches containing plant material. 


Ex.#001-003: 

The following item(s) were weighed: one ziplock bag containing plant material. 



Ex.#001: 

Ex.#001-001 : 

GC/MS 

Marihuana Cannabinoids 

Ex.#001-002: 

Ex.#001-003: 

Net weight is reported at a coverage probability of 99.73%. 

Breahna Giles, M.S. 

Analyst 

C_llzf~ 



 


Page 1 of 1



Sciences 





Morgan Case 

Agency: 



AFFIDAVIT 


Supervisor. who, being by me duly sworn, deposed as follows: 




Institute of Forensic Sciences. Attached hereto are three pages of records from the Dallas County 

Institute of Forensic Sciences. These said three pages of records are kept by the Drug Analysis 







Dallas County Institute of Forensic Sciences not to permit the 

riginal to leave the ffice. 

BSCRIBED before me on the 11th day of October 

'2016. 

Notary Pub · 1 an for 



SOUTHWESTERN 


AT DALLAS 

Telephone: 214 920 5993 

Fax: 214 920 5812 

2355 No1ih Stcmmons Freeway 



SWIFS Case No: IFS-16-13407 Request No: 0001 August03, 2016 

Agency: 

Case of: 



1400 S. Lamar St 

Morgan Case 

Dallas, TX 75215-1815 






001-001: one foil package containing plant material 

001-002: twenty-three foil packages containing plant material 

001-003: one foil package containing plant material 

001-004: six foil packages containing plant material 


001-006: six foil packages containing plant material 


001-008 five foil packages containing plant material 


001-010: four foil packages containing plant material 



Ex.#001-001. 

The following item(s) were used for analysis: one foil package containing plant material. 





Ex.#001-002: 

The following item(s) were weighed: twenty-three foil packages containing plant material. 

The gross weight of the material was 141 .42 grams. 

Ex.#001-003: 



This material is controlled under Penalty Group 2-A of the Texas Controlled Substances Act, Section 481. 1031 (b)(5). 

The total weight of the material, including adulterants or dilutants, was 0. 138880 +/- 0.000086 ounces. 


Ex.#001-004 

The following item(s) were weighed: six foil packages containing plant material. 



Page 1 of 3

IFS-16-13407 - 0001 August 03, 2016 

Case of: 

Morgan Case 

Ex.#001-005 






Ex.#001-006: 

The following item(s) were weighed: six foil packages containing plant material. 


Ex.#001-007: 



This material is controlled under Penalty Group 2-A of the Texas Controlled Substances Act, Section 481.1031 (b )(5). 


The total weight of the material. including adulterants or dilutants, was 4.6683 +/- 0.0024 grams. 

Ex. #001-008 

The following item(s) were weighed: five foil packages containing plant material. 


Ex. #001-009 






Ex.#001-010 

The following item(s) were weighed: four foil packages containing plant material. 


Ex.#001-011. 





The total weight of the material, including adulterants or dilutants, was 4. 3811 +/- 0.0024 grams. 

The total weight of the material containing FUB-AMB: methyl (1-(4-fluorobenzyl)-1 H-indazole-3-carbonyl)-L-valinate in Exhibits 

001-001, 001-003, 001-005, 001-007, 001-009, and 001-011was0.921965 +/- 0.000516 ounces. 

The total weight of the material containing FUB-AMB: methyl (1-(4-fluorobenzyl)-1 H-indazole-3-carbonyl)-L-valinate in Exhibits 

001-001, 001-003, 001-005, 001-007, 001-009, and 001-011 was 26.1379 +/- 0.0144 grams. 


Page 2 of 3

IFS-16-13407 - 0001 

Case of: Morgan Case 

August 03, 2016 


Ex.#001: 

Ex.#001-001: 

GC/MS 


Ex.#001-002: 

Ex.#001-003: 

GC/MS 


Ex.#001-004: 

Ex.#001-005: 

GC/MS 


Ex.#001-006: 

Ex.#001-007: 

GC/MS 


Ex.#001-008: 

Ex.#001-009: 

GC/MS 


Ex.#001-010: 

Ex.#001-011: 

GC/MS 



Jeremy Van Auker, M.S. 

Analyst 

Monica Lopez, M.S. 

Technical Reviewer 

Page 3 of 3 




Sciences 



lbrahima Fall 

Reginald Moss 



Agency: 



AFFIDAVIT 






Institute of Forensic Sciences. Attached hereto are six pages of records from the Dallas County 


These said six pages of records are kept by the Drug Analysis 






thereafter. The records attached .hereto are exact duplicates of the original, and it is a rule of the 

Dallas County Institute of Forensic Sciences not to permit the original to leave the o ::fice. 

SUBSCRIBED before me on the 11th day of October 

, 2016. 

Notary Pub · r 



SOUTHWESTERN 

INSTITUTE OF FORENSIC SCIENCES 

AT DALLAS 

Telephone: 214 920 5993 

Fax: 214 920 5812 

2355 North Stemmons Freeway 



SWIFS Case No: IFS-16-13763 Request No: 0001 

Agency: 

Case of: 




lbrahima Fall 

Dallas, TX 75215-1815 

Reginald Moss 


Badge No: 7277/6838 (Exhibit 001) 


September 16, 2016 


001: cardboard box (Tag: 050774D) weighing 1868.24 grams 

001-001: one black plastic tube containing four plastic wrappers with plant material 

001-002: one clear ziplock bag 

001-002-001: one aluminum foil ziplock bag containing plant material 

001-002-002: fifty-four aluminum foil ziplock bags 



001-003-002: fifty-two aluminum foil ziplock bags 



001-004-002: thirty-eight aluminum foil ziplock bags 



001-005-002: thirty-five aluminum foil ziplock bags 



001-006-002: four aluminum foil ziplock bags 


001-006-004: four aluminum foil ziplock bags 


001-006-006: two aluminum foil ziplock bags 


001-006-008: two aluminum foil ziplock bags 


001-006-010: one aluminum foil ziplock bag 





001-007: one cardboard box containing numerous factory manufactured cigarettes 


Page 1 of 6

IFS-16-13763 - 0001 September 16, 2016 

Case of: lbrahima Fall 

Reginald Moss 


Ex.#001-001: 

The following item(s) were used for analysis: one black plastic tube containing four plastic wrappers with plant material. 

The plant material was identified as marihuana. 

The total weight of marihuana found was 0.1340 +/- 0.0024 ounces. 

Ex.#001-002-001: 

The following item(s) were used for analysis: one aluminum foil ziplock bag containing plant material. 

The plant material contained FUB-AMB: methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate and MAB-CHMINACA: 

N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-( cyclohexylmethyl)-1 H-indazole-3-carboxamide. 

This material is controlled under Penalty Group 2-A of the Texas Controlled Substances Act, Section 481.1031(b)(5). 

The total weight of the material, including adulterants or dilutants, was 0. 1115 +/- 0.0024 ounces. 


Ex.#001-002-002: 

The following item(s) were weighed: fifty-four aluminum foil ziplock bags. 


Ex.#001-003-001: 



( cyclohexylmethyl)-1 H-indazole-3-carboxamide. 




Ex.#001-003-002: 

The following item(s) were weighed: fifty-two aluminum foil ziplock bags. 


Ex.#001-004-001: 

The following item(s) were used for analysis: one aluminum foil ziplock bag containing plant material. 






Ex.#001-004-002: 

The following item(s) were weighed: thirty-eight aluminum foil ziplock bags. 


Ex.#001-005-001: 







Ex.#001-005-002: 

The following item(s) were weighed: thirty-five aluminum foil ziplock bags. 



Page 2 of 6

IFS-16-13763 - 0001 September 16, 2016 


Reginald Moss 

Ex.#001-006-001: 







Ex.#001-006-002: 

The following item(s) were weighed: four aluminum foil ziplock bags. 


Ex.#001-006-003 



( cyclohexy lmethyl)-1 H-indazole-3-carboxamide. 




Ex.#001-006-004: 

The following item(s) were weighed: four aluminum foil ziplock bags. 


Ex.#001-006-005: 







Ex.#001-006-006: 

The following item(s) were weighed: two aluminum foil ziplock bags. 


Ex.#001-006-007: 







Ex.#001-006-008: 

The following item(s) were weighed: two aluminum foil ziplock bags. 


Ex.#001-006-009: 






Ex.#001-006-010: 

The following item(s) were weighed: one aluminum foil ziplock bag. 



Page 3 of 6

IFS-16-13763 - 0001 September 16, 2016 


Ex.#001-006-011: 

Reginald Moss 







Ex.#001-006-012: 







Ex.#001-006-013: 







Ex.#001-006-014: 


The plant material contained FUB-AMB: methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate and MAB-CHMINACA: 

N-( 1-amino-3, 3-dimethyl-1-oxobutan-2-yl)-1-( cyclohexylmethyl)-1 H-indazole-3-carboxamide. 

This material is controlled under Penalty Group 2-A of the Texas Controlled Substances Act, Section 481.1031(b)(5). 



The total weight of the material containing FUB-AMB in Exhibits 001-002-001, 001-006-009, and 001-006-014 was 0.3975 +/ 

0.0072 ounces or 11.28 +/- 0.18 grams. 

The total weight of the material containing MAB-CHMINACA in Exhibits 001-001-001, 001-003-001, 001-004-001, 001-005-001, 

001-006-001, 001-006-003, 001-006-005, 001-006-007, 001-006-011, 001-006-012, 001-006-013, and 001-006-014 was 1.2680 

+/- 0.0288 ounces or 35.97 +/- 0.72 grams. 

Ex.#001-007: 

The following item(s) were weighed: one cardboard box containing numerous factory manufactured cigarettes. 



Page 4 of 6

IFS-16-13763 - 0001 September 16, 2016 


Reginald Moss 


Ex.#001: 

Ex.#001-001: 


Ex.#001-002-001: 

GC/MS 


Ex.#001-002-002: 

Ex.#001-003-001: 

GC/MS 


Ex.#001-003-002: 

Ex.#001-004-001: 

GC/MS 


Ex.#001-004-002: 

Ex.#001-005-001: 

GC/MS 


Ex.#001-005-002: 

Ex.#001-006-001: 

GC/MS 


Ex.#001-006-002: 

Ex.#001-006-003: 

GC/MS 


Ex.#001-006-004: 

Ex.#001-006-005: 

GC/MS 


Ex.#001-006-006: 

Ex.#001-006-007: 

GC/MS 


Ex.#001-006-008: 

Ex.#001-006-009: 

GC/MS 


Ex.#001-006-01 O: 

Ex.#001-006-011: 

GC/MS 


Ex.#001-006-012: 

GC/MS 


Ex.#001-006-013: 

GC/MS 


Ex.#001-006-014: 

GC/MS 


Ex.#001-007: 

Net weight is reported at a coverage probability of 99.73%. 


Page 5 of 6

IFS-16-13763 - 0001 


Reginald Moss 

/~/--J;/\ I ;LI 

( __~~ x~ 

/ 

Julian Aguilar 

Analyst 

Lauren Woolridge 


September 16, 2016 


Page 6 of 6

TODD LAFLEUR #7124 

MICHAEL CONWAY #7881 

DALLAS POLICE 

NARCOTICS 

COPY 

INTERVIEW 

08/04/2016 

Incorrectly labeled 

REGINALD MOSS 

Should be "IBRAHIMA FALL" 

B/M XX-XX-XXXX 

187057-2016 

. '" VIDEO #1 OF 2 

'-~~ 

TODD LAFLEUR #7124 

MICHAEL CONWAY #7881 

DALLAS POLICE 

NARCOTICS 

COPY 

INTERVIEW 

08/04/2016 

IBRAHIMA FALL 

B/M XX-XX-XX:XX 

187057-2016 

VIDE0#20F2

170112_Plaintiffs_Original_Petition

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