Louisiana House Bill HB393

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10

Caption

Creates the crime of the unlawful production, manufacturing, distribution, or possession of prohibited plants and adds hallucinogenic substances to Schedule I (OR INCREASE GF EX See Note)

Impact

The bill significantly impacts state laws related to drug enforcement by extending the definitions and penalties associated with the production and possession of prohibited plants. With the addition of new hallucinogenic substances to Schedule I, individuals found in violation of the law will face serious consequences, including imprisonment for two to five years and hefty fines reaching up to $10,000. Furthermore, this legislation aims to discourage the illicit trade and use of these substances, aligning with broader public safety and health objectives.

Summary

House Bill 393 focuses on the classification and regulation of certain controlled dangerous substances in Louisiana, particularly by creating a new crime for the unlawful production, manufacturing, distribution, or possession of materials, compounds, or mixtures containing prohibited plants. It adds several hallucinogenic substances to Schedule I of the existing drug schedules, thereby increasing the degree of control and potential penalties associated with their illicit use or distribution. This legislative action seeks to clarify and tighten the existing laws surrounding drug enforcement in the state.

Sentiment

Sentiment around HB 393 appears to lean towards support for stricter drug enforcement, aligning with a national trend of tightening regulations around substances deemed dangerous. Advocates argue that this bill will aid in reducing drug abuse and its associated societal harms. However, there may be concerns regarding the implications for personal freedoms and the potential for overreach in enforcement, particularly regarding substances that have not been widely recognized as harmful.

Contention

Notable points of contention regarding HB 393 might focus on the definitions of 'prohibited plants' and the criteria for what constitutes an illegal substance or preparation. Critics may highlight the challenge of enforcing laws around substances that have various cultural and traditional uses, such as certain plants used in herbal medicine or homeopathic practices. Additionally, the exceptions allowing for the possession of certain preparations under specified conditions could provoke debate over the interpretation and application of the law in real-world scenarios, impacting both personal liberties and public safety.