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ACT No. 565
Regular Session, 2010
HOUSE BILL NO. 173
BY REPRESENTATIVES TEMPLET, ANDERS, ARMES, ARNOLD, AUSTIN BADON,
BOBBY BADON, BALDONE, BARRAS, BILLIOT, HENRY BURNS, TIM
BURNS, BURRELL, CHANDLER, CHANEY, CONNICK, CORTEZ, DIXON,
DOERGE, DOVE, DOWNS, EDWARDS, FANNI N, GISCLAIR, GREENE,
GUILLORY, HARDY, HAZEL, HENDERSON, HENRY, HILL, HINES,
HOFFMANN, HUTTER, GIROD JACKSON, MICHAEL JACKSON, KATZ,
LAFONTA, LAMBERT, LEBAS, LIGI, LORUSSO, MCVEA, MILLS, MONICA,
MORRIS, NOWLIN, PUGH, RICHARD, RICHARDSON, RICHMOND,
ROBIDEAUX, SIMON, SMILEY, JANE SMITH, ST. GERMAIN, TALBOT,
TUCKER, WADDELL, WHITE, WILLIAMS, WILLMOTT, AND WOOTON AND
SENATORS MARTINY AND THOMPSON
AN ACT1
To amend and reenact R.S. 40:966(B)(3), (E), and (F) and to enact R.S. 40:964(Schedule2
I)(C)(32) and 989.2, relative to controlled dangerous substances; to create the crime3
of the unlawful production, manufacturing, distribution, or possession of a material,4
compound, mixture, or preparation which contains a prohibited plant; to provide for5
definitions; to provide for criminal penalties; to provide for exceptions; to add6
certain hallucinogenic substances to Schedule I; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:966(B)(3), (E), and (F) are hereby amended and reenacted and9
R.S. 40:964(Schedule I)(C)(32) and 989.2 are hereby enacted to read as follows: 10
§964. Composition of schedules11
Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.12
40:962, consist of the following drugs or other substances, by whatever official13
name, common or usual name, chemical name, or brand name designated:14
SCHEDULE I15
* * *16 ENROLLEDHB NO. 173
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C. Hallucinogenic substances. Unless specifically excepted or unless listed1
in another schedule, any material, compound, mixture, or preparation, which2
contains any quantity of the following hallucinogenic substances, or which contains3
any of their salts, isomers, or salts of isomers, whenever the existence of such salts,4
isomers, or salts of isomers is possible within the specific chemical designation, for5
purposes of this Paragraph only, the term "isomer" includes the optical, position, and6
geometric isomers:7
* * *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
§966. Penalty for distribution or possession with intent to distribute narcotic drugs19
listed in Schedule I; possession of marijuana, possession of synthetic20
cannabinoids21
* * *22
B. Penalties for violation of Subsection A of this Section. Any person who23
violates Subsection A of this Section with respect to:24
* * *25
(3) A substance classified in Schedule I which is marijuana,26
tetrahydrocannabin ols, or chemical derivatives of tetrahydrocanna-binols27
tetrahydrocanna binols, or synthetic cannabinoids shall upon conviction be sentenced28 ENROLLEDHB NO. 173
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to a term of imprisonment at hard labor for not less than five nor more than thirty1
years, and pay a fine of not more than fifty thousand dollars.2
* * *3
E. Possession of marijuana, or synthetic cannabinoids. (1) Except as4
provided in Subsections E and F of this Section, on a first conviction for violation5
of Subsection C of this Section with regard to marijuana, tetrahydrocannabinol or6
chemical derivatives thereof, or synthetic cannabinoids the offender shall be fined7
not more than five hundred dollars, imprisoned in the parish jail for not more than8
six months, or both.9
(2) Except as provided in Subsection F or G of this Section, on a second10
conviction for violation of Subsection C of this Section with regard to marijuana,11
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids the12
offender shall be fined not more than two thousand dollars, imprisoned with or13
without hard labor for not more than five years, or both.14
(3) Except as provided in Subsection F or G of this Section, on a third or15
subsequent conviction for violation of Subsection C of this Section with regard to16
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic17
cannabinoids the offender shall be sentenced to imprisonment with or without hard18
labor for not more than twenty years, and may, in addition, be sentenced to pay a fine19
of not more than five thousand dollars.20
(4) A conviction for the violation of any other statute or ordinance with the21
same elements as R.S. 40:966(C) prohibiting the possession of marijuana,22
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall23
be considered as a prior conviction for the purposes of this Subsection relating to24
penalties for second, third, or subsequent offenders.25
(5) A conviction for the violation of any other statute or ordinance with the26
same elements as R.S. 40:966(B)(3) prohibiting the distributing or dispensing or27 ENROLLEDHB NO. 173
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possession with intent to distribute or dispense marijuana, of marijuana,
1
1
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall2
be considered as a prior conviction for the purposes of this Subsection relating to3
penalties for second, third, or subsequent offenders.4
F. Except as otherwise authorized in this Part:5
(1) Any person who knowingly or intentionally possesses sixty pounds or6
more, but less than two thousand pounds of marijuana, tetrahydrocannabinol or7
chemical derivatives thereof, or synthetic cannabinoids shall be sentenced to serve8
a term of imprisonment at hard labor of not less than five years, nor more than thirty9
years, and to pay a fine of not less than fifty thousand dollars nor more than one10
hundred thousand dollars.11
(2) Any person who knowingly or intentionally possesses two thousand12
pounds or more, but less than ten thousand pounds of marijuana,13
tetrahydrocannabin ol or chemical derivatives thereof, or synthetic cannabinoids shall14
be sentenced to serve a term of imprisonment at hard labor of not less than ten years15
nor more than forty years, and to pay a fine of not less than one hundred thousand16
dollars nor more than four hundred thousand dollars.17
(3) Any person who knowingly or intentionally possesses ten thousand18
pounds or more of marijuana, tetrahydrocannabinol or chemical derivatives thereof,19
or synthetic cannabinoids shall be sentenced to serve a term of imprisonment at hard20
labor of not less than twenty-five years, nor more than forty years and to pay a fine21
of not less than four hundred thousand dollars nor more than one million dollars.22
* * *23
§989.2. Unlawful production, manufacturing, distribution, or possession of24
prohibited plant products25
A.(1) It shall be unlawful for any person knowingly or intentionally to26
produce, manufacture, distribute, or possess with intent to produce, manufacture, or27
distribute a material, compound, mixture, or preparation which contains a prohibited28
plant and which meets any of the following criteria:29 ENROLLEDHB NO. 173
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(a) It is intended to be placed in the oral or nasal cavity.1
(b) It is prepared in such a manner as to be suitable for smoking in a pipe or2
cigarette, or other device.3
(c) It is to be burned and inhaled or exhaled in any manner or in any form.4
(2) Whoever violates the provisions of this Subsection shall be sentenced to5
a term of imprisonment with or without hard labor for not more than five years and6
may, in addition, be sentenced to pay a fine of not more than ten thousand dollars.7
B.(1) It shall be unlawful for any person knowingly or intentionally to8
possess material, compound, mixture, or preparation which contains a prohibited9
plant and which is intended to be placed in the oral or nasal cavity, is prepared in10
such a manner as to be suitable for smoking in a pipe or cigarette, or is to be burned11
and inhaled or exhaled in any manner or in any form.12
(2) Any person who violates the provisions of this Subsection shall be fined13
not more than five hundred dollars, imprisoned for not more than six months, or14
both.15
C. For the purposes of this Section:16
(1) "Distribute" means to sell, barter, trade, furnish, supply, or otherwise17
transfer in exchange for anything of value a material, compound, mixture, or18
preparation which contains a prohibited plant.19
(2) "Homeopathic drug" means any drug labeled as being homeopathic20
which is listed in the Homeopathic Pharmacopoeia of the United States, an21
addendum to it, or its supplements. The potencies of homeopathic drugs are22
specified in terms of dilution. Homeopathic drug products must contain diluents23
commonly used in homeopathic pharmaceutics. Drug products containing24
homeopathic ingredients in combination with non-homeopathic active ingredients25
are not homeopathic drug products.26
(3) "Manufacture" means the production, preparation, propagation,27
compounding, or processing of a material, compound, mixture, or preparation which28 ENROLLEDHB NO. 173
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contains a prohibited plant either directly or indirectly by extraction from substances1
of natural origin, or independently by means of chemical synthesis, or by a2
combination of extraction and chemical synthesis. Manufacturer includes any person3
who packages, repackages, or labels any container holding a material, compound,4
mixture, or preparation which contains a prohibited plant.5
(4) "Production" includes the manufacture, planting, cultivation, growing,6
or harvesting of a prohibited plant.7
(5) "Prohibited plant" means any combination of any of the parts, leaves,8
stems, stalks, seeds, materials, compounds, salts, derivatives, mixtures, preparations,9
or any resin extracted from any part of the following plants:10
(a) Artemisia vulgaris (Mugwort).11
(b) Canavalia rosea (Bay bean).12
(c) Leonotis leonurus (Lion's tail).13
(d) Leonotis nepetifolia (Lion's ear).14
(e) Leonurus sibiricus (Honeyweed).15
(f) Nelumbo nucifera (Sacred Lotus).16
(g) Nymphaea caerulea (Blue Lotus, Egyptian Lotus).17
(h) Pedicularis densiflora (Indian warrior).18
(i) Salvia divinorum.19
(j) Scutellaria nana (Dwarf skullcap).20
(k) Turnera diffusa (Damiana).21
(l) Zornia latifolia.22
D. The provisions of this Section shall not apply to any dosage form which23
is legally obtainable from a retail establishment without a prescription and is24
recognized by the United States Food and Drug Administration as a homeopathic25
drug.26 ENROLLEDHB NO. 173
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E. The provisions of this Section shall not apply to the possession, planting,1
cultivation, growing, or harvesting of a prohibited plant strictly for aesthetic,2
landscaping, or decorative purposes. 3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: