Louisiana House Bill HB90

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 implementation of HB90 will significantly impact state laws regarding the handling of controlled substances. By categorizing additional substances as Schedule I drugs, the bill ensures that the production and distribution of these materials are penalized more harshly. Individuals found guilty of unlawfully dealing with these substances can face severe penalties, including imprisonment of two to five years and fines up to $10,000, which may deter individuals from engaging in such activities and contribute to public safety against drug misuse.

Summary

House Bill 90 creates specific criminal offenses related to the unlawful production, manufacturing, distribution, or possession of materials that contain prohibited plants. The bill adds certain hallucinogenic substances to Schedule I of controlled substances, which includes strict definitions and penalties for individuals involved with these substances. These changes reinforce existing state laws regarding controlled dangerous substances while expanding the scope of regulation over new materials considered harmful or illegal under the law.

Sentiment

The sentiment surrounding HB90 appears to lean toward a protective stance against drug proliferation, particularly concerning hallucinogenic substances. Lawmakers who support the bill argue it is necessary to safeguard public health and safety by regulating newer, potentially dangerous drugs. However, some critics may question whether the added penalties and restrictions address the larger issues of drug addiction and criminalization, voicing concerns over the effectiveness of stringent legal measures without addressing underlying social issues.

Contention

The primary contention around HB90 centers on the balance between public safety and individual freedom regarding drug use. Supporters advocate for stricter controls to prevent misuse of new compounds that may have adverse effects, while opponents argue that the approach could lead to unnecessary penalties and criminal records for individuals involved with substances not understood within the context of traditional drug laws. Moreover, exceptions for homeopathic drugs indicate an awareness of the need to distinguish between harmful substances and legitimate medicinal or homeopathic practices.