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ACT No. 810
Regular Session, 2010
HOUSE BILL NO. 121
BY REPRESENTATIVE MILLS
AN ACT1
To amend and reenact R.S. 40:964(Schedule III)(E)(9) and R.S. 40:966(B)(introductory2
paragraph) and (3), (E), and (F), to enact R.S. 40:964(Schedule I)(C)(13.1), (16.1),3
(32), (Schedule II)(A)(1)(s), (B)(28), and (C)(7), (Schedule III)(E)(12.1), (15.1), and4
(44.1), (Schedule IV)(B)(4.1) and (22.1), and (Schedule V)(D)(2), and to repeal R.S.5
40:964(Schedule IV)(B)(52), relative to the Uniform Controlled Dangerous6
Substances Law; to add certain drugs to Schedules I, II, III, IV, and V; to provide for7
technical changes; and 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)(introductory10
paragraph) and (3), (E), and (F) are hereby amended and reenacted and R.S.11
40:964(Schedule I)(C)(13.1), (16.1), (32), (Schedule II)(A)(1)(s), (B)(28), and (C)(7),12
(Schedule III)(E)(12.1), (15.1), and (44.1), (Schedule IV)(B)(4.1) and (22.1), and (Schedule13
V)(D)(2) are hereby enacted to read as 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
SCHEDULE I19
* * *20
C. Hallucinogenic substances. Unless specifically excepted or unless listed21
in another schedule, any material, compound, mixture, or preparation, which22
contains any quantity of the following hallucinogenic substances, or which contains23
any of their salts, isomers, or salts of isomers, whenever the existence of such salts,24 ENROLLEDHB NO. 121
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isomers, or salts of isomers is possible within the specific chemical designation, for1
purposes of this Paragraph only, the term "isomer" includes the optical, position, and2
geometric isomers:3
* * *4
(13.1) Alphamethyltryptamine5
* * *6
(16.1) 5-methoxy-N, N-diisopropyltryptamine7
* * *8
(32) Synthetic cannabinoids as follows:9
(a) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol {also10
known as CP 47,497 and its C6, C7, C8, and C9 homologues}11
(b) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-12
6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol {also known as HU-210}13
(c) Naphthalen-1-yl-(1-pentylindol-3-yl)methanone {also known as 1-14
Pentyl-3-(1-naphthoyl)indole or JWH-018}15
(d) Naphthalen-1-yl-(1-butylindol-3-yl)methanone {also known as 1-Butyl-16
3-(1-naphthoyl)indole or JWH-073}17
* * *18
SCHEDULE II19
A. Substances of vegetable origin or chemical synthesis. Unless specifically20
excepted or unless listed in another schedule, any of the following substances21
whether produced directly or indirectly by extraction from substances of vegetable22
origin, or independently by means of chemical synthesis, or by a combination of23
extraction and chemical synthesis:24
(1) Opium and opiate, and any salt, compound, isomer, derivative, or25
preparation of opium or opiate, excluding apomorphine, thebaine-derived26
butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and27
their respective salts, but including the following:28
* * *29 ENROLLEDHB NO. 121
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(s) Oripavine1
* * *2
B. Opiates. Unless specifically excepted or unless listed in another schedule,3
any of the following opiates, including its isomers, esters, ethers, salts, and salts of4
isomers, esters, ethers, and salts is possible within the specific chemical designation,5
dextrorphan and levopropoxyphene excepted:6
* * *7
(28) Tapentadol8
C. Stimulants. Unless specifically excepted or unless listed in another9
schedule, any material, compound, mixture, or preparation which contains any10
quantity of the following substances having a stimulant effect on the central nervous11
system:12
* * *13
(7) Lisdexamfetamine, its salts, isomers, and salts of its isomers14
* * *15
SCHEDULE III16
* * *17
E. Anabolic steroids and muscle building substances. Unless specifically18
excepted or unless listed in another schedule, any material, compound, mixture, or19
preparation, containing any quantity of the following substances, including its salts,20
esters, ethers, isomers, and salts of isomers whenever the existence of such salts,21
esters, ethers, isomers, and salts of isomers is possible within the specific chemical22
designation. The term "anabolic steroid" means any drug or hormonal substance,23
chemically and pharmacologically related to testosterone, other than estrogens,24
progestins, corticosteroids, and dehydroepiandrosterone that promote muscle growth25
and include the following:26
* * *27
(9) (Methandrostenolone) 4-androstenedione28
* * *29 ENROLLEDHB NO. 121
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(12.1) Boldione1
* * *2
(15.1) Desoxymethyltestosterone3
* * *4
(44.1) 19-nor-4, 9(10)-androstadienedione5
* * *6
SCHEDULE IV7
* * *8
B. Depressants9
Unless specifically excepted or unless listed in another schedule, any10
material, compound, mixture, or preparation containing any quantity of the following11
substances, including its salts, isomers, and salts of isomers, whenever the existence12
of such salts, isomers, and salts of isomers is possible within the specific chemical13
designation:14
* * *15
(4.1) Carisoprodol16
* * *17
(22.1) Fospropofol18
* * *19
SCHEDULE V20
* * *21
D. Depressants. Unless specifically exempted or excluded or unless listed22
in another schedule, any material, compound, mixture, or preparation which contains23
any quantity of the following substances having a depressant effect on the central24
nervous system, including its salts:25
* * *26
(2) Lacosamide27
* * *28 ENROLLEDHB NO. 121
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§966. Penalty for distribution or possession with intent to distribute narcotic drugs1
listed in Schedule I; possession of marijuana, possession of synthetic2
cannabinoids3
* * *4
B. Penalties for violation of Subsection A of this Section. Any person who5
violates Subsection A of this Section with respect to:6
* * *7
(3) A substance classified in Schedule I which is marijuana,8
tetrahydrocannabinols, or chemical derivatives of tetrahydrocanna-binols, or9
synthetic cannabinoids shall upon conviction be sentenced to a term of imprisonment10
at hard labor for not less than five nor more than thirty years, and pay a fine of not11
more than fifty thousand dollars.12
* * *13
E. Possession of marijuana, or synthetic cannabinoids. (1) Except as14
provided in Subsections E and F of this Section, on a first conviction for violation15
of Subsection C of this Section with regard to marijuana, tetrahydrocannabinol, or16
chemical derivatives thereof, or synthetic cannabinoids the offender shall be fined17
not more than five hundred dollars, imprisoned in the parish jail for not more than18
six months, or both.19
(2) Except as provided in Subsection F or G of this Section, on a second20
conviction for violation of Subsection C of this Section with regard to marijuana,21
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids the22
offender shall be fined not more than two thousand dollars, imprisoned with or23
without hard labor for not more than five years, or both.24
(3) Except as provided in Subsection F or G of this Section, on a third or25
subsequent conviction for violation of Subsection C of this Section with regard to26
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic27
cannabinoids the offender shall be sentenced to imprisonment with or without hard28
labor for not more than twenty years, and may, in addition, be sentenced to pay a fine29
of not more than five thousand dollars.30 ENROLLEDHB NO. 121
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(4) A conviction for the violation of any other statute or ordinance with the1
same elements as R.S. 40:966(C) prohibiting the possession of marijuana,2
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall3
be considered as a prior conviction for the purposes of this Subsection relating to4
penalties for second, third, or subsequent offenders.5
(5) A conviction for the violation of any other statute or ordinance with the6
same elements as R.S. 40:966(B)(3) prohibiting the distributing or dispensing or7
possession with intent to distribute or dispense marijuana, of marijuana,
1
8
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall9
be considered as a prior conviction for the purposes of this Subsection relating to10
penalties for second, third, or subsequent offenders.11
F. Except as otherwise authorized in this Part:12
(1) Any person who knowingly or intentionally possesses sixty pounds or13
more, but less than two thousand pounds of marijuana, tetrahydrocannabinol or14
chemical derivatives thereof, or synthetic cannabinoids shall be sentenced to serve15
a term of imprisonment at hard labor of not less than five years, nor more than thirty16
years, and to pay a fine of not less than fifty thousand dollars nor more than one17
hundred thousand dollars.18
(2) Any person who knowingly or intentionally possesses two thousand19
pounds or more, but less than ten thousand pounds of marijuana,20
tetrahydrocan nabinol or chemical derivatives thereof, or synthetic cannabinoids shall21
be sentenced to serve a term of imprisonment at hard labor of not less than ten years22
nor more than forty years, and to pay a fine of not less than one hundred thousand23
dollars nor more than four hundred thousand dollars.24
(3) Any person who knowingly or intentionally possesses ten thousand25
pounds or more of marijuana, tetrahydrocannabinol or chemical derivatives thereof,26
or synthetic cannabinoids shall be sentenced to serve a term of imprisonment at hard27 ENROLLEDHB NO. 121
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labor of not less than twenty-five years, nor more than forty years and to pay a fine1
of not less than four hundred thousand dollars nor more than one million dollars.2
* * *3
Section 2. R.S. 40:964(Schedule IV)(B)(52) is hereby repealed in its entirety.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: