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Regular Session, 2010
HOUSE BILL NO. 121
BY REPRESENTATIVE MILLS
CONTROLLED SUBSTANCES: Amends the composition of schedules for controlled
dangerous substances
AN ACT1
To amend and reenact R.S. 40:964(Schedule III)(E)(9) and R.S. 40:966(B)(3), (E), and (F),2
to enact R.S. 40:964(Schedule I)(C)(13.1), (16.1), (32), (Schedule II)(A)(1)(s),3
(B)(28), and (C)(7), (Schedule III)(E)(12.1), (15.1), and (44.1), (Schedule4
IV)(B)(4.1) and (22.1), and (Schedule V)(D)(2), and to repeal R.S. 40:964(Schedule5
IV)(B)(52), relative to the Uniform Controlled Dangerous Substances Law; to add6
certain drugs to Schedules I, II, III, IV, and V; to provide for technical changes; and7
to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:964(Schedule III)(E)(9) and R.S. 40:966(B)(3), (E), and (F) are10
hereby amended and reenacted and R.S. 40:964(Schedule I)(C)(13.1), (16.1), (32),11
(Schedule II)(A)(1)(s), (B)(28), and (C)(7), (Schedule III)(E)(12.1), (15.1), and (44.1),12
(Schedule IV)(B)(4.1) and (22.1), and (Schedule V)(D)(2) are hereby enacted to read as13
follows:14
§964. Composition of schedules15
Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.16
40:962, consist of the following drugs or other substances, by whatever official17
name, common or usual name, chemical name, or brand name designated:18 HLS 10RS-733 REENGROSSED
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SCHEDULE I1
* * *2
C. Hallucinogenic substances. Unless specifically excepted or unless listed3
in another schedule, any material, compound, mixture, or preparation, which4
contains any quantity of the following hallucinogenic substances, or which contains5
any of their salts, isomers, or salts of isomers, whenever the existence of such salts,6
isomers, or salts of isomers is possible within the specific chemical designation, for7
purposes of this Paragraph only, the term "isomer" includes the optical, position, and8
geometric isomers:9
* * *10
(13.1) Alphamethyltryptamine11
* * *12
(16.1) 5-methoxy-N, N-diisopropyltryptamine13
* * *14
(32) Synthetic cannabinoids as follows:15
(a) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol {also16
known as CP 47,497 and its C6, C7, C8, and C9 homologues}17
(b) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-18
6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol {also known as HU-210}19
(c) Naphthalen-1-yl-(1-pentylindol-3-yl)methanone {also known as 1-20
Pentyl-3-(1-naphthoyl)indole or JWH-018}21
(d) Naphthalen-1-yl-(1-butylindol-3-yl)methanone {also known as 1-Butyl-22
3-(1-naphthoyl)indole or JWH-073}23
* * *24
SCHEDULE II25
A. Substances of vegetable origin or chemical synthesis. Unless specifically26
excepted or unless listed in another schedule, any of the following substances27
whether produced directly or indirectly by extraction from substances of vegetable28 HLS 10RS-733 REENGROSSED
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origin, or independently by means of chemical synthesis, or by a combination of1
extraction and chemical synthesis:2
(1) Opium and opiate, and any salt, compound, isomer, derivative, or3
preparation of opium or opiate, excluding apomorphine, thebaine-derived4
butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and5
their respective salts, but including the following:6
* * *7
(s) Oripavine8
* * *9
B. Opiates. Unless specifically excepted or unless listed in another schedule,10
any of the following opiates, including its isomers, esters, ethers, salts, and salts of11
isomers, esters, ethers, and salts is possible within the specific chemical designation,12
dextrorphan and levopropoxyphene excepted:13
* * *14
(28) Tapentadol15
C. Stimulants. Unless specifically excepted or unless listed in another16
schedule, any material, compound, mixture, or preparation which contains any17
quantity of the following substances having a stimulant effect on the central nervous18
system:19
* * *20
(7) Lisdexamfetamine, its salts, isomers, and salts of its isomers21
* * *22
SCHEDULE III23
* * *24
E. Anabolic steroids and muscle building substances. Unless specifically25
excepted or unless listed in another schedule, any material, compound, mixture, or26
preparation, containing any quantity of the following substances, including its salts,27
esters, ethers, isomers, and salts of isomers whenever the existence of such salts,28
esters, ethers, isomers, and salts of isomers is possible within the specific chemical29 HLS 10RS-733 REENGROSSED
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designation. The term "anabolic steroid" means any drug or hormonal substance,1
chemically and pharmacologically related to testosterone, other than estrogens,2
progestins, corticosteroids, and dehydroepiandrosterone that promote muscle growth3
and include the following:4
* * *5
(9) (Methandrostenolone) 4-androstenedione6
* * *7
(12.1) Boldione8
* * *9
(15.1) Desoxymethyltestosterone10
* * *11
(44.1) 19-nor-4, 9(10)-androstadienedione12
* * *13
SCHEDULE IV14
* * *15
B. Depressants16
Unless specifically excepted or unless listed in another schedule, any17
material, compound, mixture, or preparation containing any quantity of the following18
substances, including its salts, isomers, and salts of isomers, whenever the existence19
of such salts, isomers, and salts of isomers is possible within the specific chemical20
designation:21
* * *22
(4.1) Carisoprodol23
* * *24
(22.1) Fospropofol25
* * *26
SCHEDULE V27
* * *28 HLS 10RS-733 REENGROSSED
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D. Depressants. Unless specifically exempted or excluded or unless listed1
in another schedule, any material, compound, mixture, or preparation which contains2
any quantity of the following substances having a depressant effect on the central3
nervous system, including its salts:4
* * *5
(2) Lacosamide6
* * *7
§966. Penalty for distribution or possession with intent to distribute narcotic drugs8
listed in Schedule I; possession of marijuana, possession of synthetic9
cannabinoids10
* * *11
B. Penalties for violation of Subsection A of this Section. Any person who12
violates Subsection A of this Section with respect to:13
* * *14
(3) A substance classified in Schedule I which is marijuana,15
tetrahydrocannabinols, or chemical derivatives of tetrahydrocanna-binols, or16
synthetic cannabinoids shall upon conviction be sentenced to a term of imprisonment17
at hard labor for not less than five nor more than thirty years, and pay a fine of not18
more than fifty thousand dollars.19
* * *20
E. Possession of marijuana, or synthetic cannabinoids. (1) Except as21
provided in Subsections E and F of this Section, on a first conviction for violation22
of Subsection C of this Section with regard to marijuana, tetrahydrocannabinol, or23
chemical derivatives thereof, or synthetic cannabinoids the offender shall be fined24
not more than five hundred dollars, imprisoned in the parish jail for not more than25
six months, or both.26
(2) Except as provided in Subsection F or G of this Section, on a second27
conviction for violation of Subsection C of this Section with regard to marijuana,28
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids the29 HLS 10RS-733 REENGROSSED
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offender shall be fined not more than two thousand dollars, imprisoned with or1
without hard labor for not more than five years, or both.2
(3) Except as provided in Subsection F or G of this Section, on a third or3
subsequent conviction for violation of Subsection C of this Section with regard to4
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic5
cannabinoids the offender shall be sentenced to imprisonment with or without hard6
labor for not more than twenty years, and may, in addition, be sentenced to pay a fine7
of not more than five thousand dollars.8
(4) A conviction for the violation of any other statute or ordinance with the9
same elements as R.S. 40:966(C) prohibiting the possession of marijuana,10
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall11
be considered as a prior conviction for the purposes of this Subsection relating to12
penalties for second, third, or subsequent offenders.13
(5) A conviction for the violation of any other statute or ordinance with the14
same elements as R.S. 40:966(B)(3) prohibiting the distributing or dispensing or15
possession with intent to distribute or dispense marijuana, of marijuana,
1
16
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall17
be considered as a prior conviction for the purposes of this Subsection relating to18
penalties for second, third, or subsequent offenders.19
F. Except as otherwise authorized in this Part:20
(1) Any person who knowingly or intentionally possesses sixty pounds or21
more, but less than two thousand pounds of marijuana, tetrahydrocannabinol or22
chemical derivatives thereof, or synthetic cannabinoids shall be sentenced to serve23
a term of imprisonment at hard labor of not less than five years, nor more than thirty24
years, and to pay a fine of not less than fifty thousand dollars nor more than one25
hundred thousand dollars.26
(2) Any person who knowingly or intentionally possesses two thousand27
pounds or more, but less than ten thousand pounds of marijuana,28
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall29 HLS 10RS-733 REENGROSSED
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be sentenced to serve a term of imprisonment at hard labor of not less than ten years1
nor more than forty years, and to pay a fine of not less than one hundred thousand2
dollars nor more than four hundred thousand dollars.3
(3) Any person who knowingly or intentionally possesses ten thousand4
pounds or more of marijuana, tetrahydrocannabinol or chemical derivatives thereof,5
or synthetic cannabinoids shall be sentenced to serve a term of imprisonment at hard6
labor of not less than twenty-five years, nor more than forty years and to pay a fine7
of not less than four hundred thousand dollars nor more than one million dollars.8
* * *9
Section 2. R.S. 40:964(Schedule IV)(B)(52) is hereby repealed in its entirety.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Mills HB No. 121
Abstract: Adds certain drugs to Schedules I, II, III, IV, and V of the Uniform Controlled
Dangerous Substances Law.
Present law provides for classification of controlled dangerous substances in Schedules I
through V.
Proposed law retains the provisions of present law and adds the following to Schedule I:
Alphamethyltryptamine; 5-methoxy-N, N-diisopropyltryptamine; 2-[(1R,3S)-3-
hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol {also known as CP 47,497 and its C6,
C7, C8, and C9 homologues}; (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3 -(2-
methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol {also known as HU-210};
Naphthalen-1-yl-(1-pentylindol-3-yl)methanone {also known as 1-Pentyl-3-(1-
naphthoyl)indole or JWH-018}; and Naphthalen-1-yl-(1-butylindol-3-yl)methanone {also
known as 1-Butyl-3-(1-naphthoyl)indole or JWH-073}.
Proposed law adds Oripavine, Tapentadol, and Lisdexamfetamine to Schedule II.
Proposed law adds Boldione, Desoxym ethyltestosterone, and 19-nor-4, 9(10)-
androstadienedione to Schedule III.
Proposed law adds Fospropofol to Schedule IV and renumbers Carisprodol in Schedule IV.
Proposed law adds Lacosamide to Schedule V.
Present law provides for the following criminal penalties for the possession of marijuana,
tetrahydrocannabinoids, or chemical derivatives of tetrahydrocanna-binols:
(1)1st offense possession - a maximum fine of $500, imprisonment for not more than
six months, or both. HLS 10RS-733 REENGROSSED
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(2)2nd offense possession - a maximum fine of $2,000, imprisonment with or without
hard labor for not more than five years, or both.
(3)3rd or subsequent offense possession - a maximum fine of $5,000, imprisonment
with or without hard labor for not more than 20 years, or both.
(4)Possession of 60 - 1,999 pounds - a fine of $50,000 to $100,000 and imprisonment
at hard labor for five to 30 years.
(5)Possession of 2,000 - 9,999 pounds - a fine of $100,000 to $400,000 and
imprisonment at hard labor for 10 to 40 years.
(6)Possession of 10,000 pounds or more - a fine of $400,000 to $1 million and
imprisonment at hard labor for 25 to 40 years.
Proposed law applies present law penalties to the possession of synthetic cannabinoids.
(Amends R.S. 40:964(Schedule III)(E)(9) and R.S. 40:966(B)(3), (E), and (F); Adds R.S.
40:964(Schedule I)(C)(13.1), (16.1), (32), (Schedule II)(A)(1)(s), (B)(28), and (C)(7),
(Schedule III)(E)(12.1), (15.1), and (44.1), (Schedule IV)(B)(4.1) and (22.1), and (Schedule
V)(D)(2); Repeals R.S. 40:964(Schedule IV)(B)(52))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made present law penalties for possession of marijuana applicable to possession
of synthetic cannabinoids.