HLS 10RS-838 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 90
BY REPRESENTATIVE MICHAEL JACKSON
CONTROLLED SUBSTANCES: Creates the crime of the unlawful production,
manufacturing, distribution, or possession of prohibited plants and adds
hallucinogenic substances to Schedule I
AN ACT1
To enact R.S. 40:964(Schedule I)(C)(32), (33), (34), and (35) and 989.2, relative to2
controlled dangerous substances; to create the crime of the unlawful production,3
manufacturing, distribution, or possession of a material, compound, mixture, or4
preparation which contains a prohibited plant; to provide for definitions; to provide5
for criminal penalties; to provide for exceptions; to add certain hallucinogenic6
substances to Schedule I; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:964(Schedule I)(C)(32), (33), (34), and (35) and 989.2 are hereby9
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
C. Hallucinogenic substances. Unless specifically excepted or unless listed17
in another schedule, any material, compound, mixture, or preparation, which18
contains any quantity of the following hallucinogenic substances, or which contains19 HLS 10RS-838 ORIGINAL
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any of their salts, isomers, or salts of isomers, whenever the existence of such salts,1
isomers, or salts of isomers is possible within the specific chemical designation, for2
purposes of this Paragraph only, the term "isomer" includes the optical, position, and3
geometric isomers:4
* * *5
(32) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol {also6
known as CP 47,497 and its C6, C7, C8, and C9 homologues}7
(33) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-8
6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol {also known as HU-210}9
(34) Naphthalen-1-yl-(1-pentylindol-3-yl)methanone {also known as 1-10
Pentyl-3-(1-naphthoyl)indole or JWH-018}11
(35) Naphthalen-1-yl-(1-butylindol-3-yl)methanone {also known as 1-Butyl-12
3-(1-naphthoyl)indole or JWH-073}13
* * *14
§989.2. Unlawful production, manufacturing, distribution, or possession of15
prohibited plant products16
A.(1) It shall be unlawful for any person knowingly or intentionally to17
produce, manufacture, distribute, or possess with intent to produce, manufacture, or18
distribute a material, compound, mixture, or preparation which contains a prohibited19
plant and which meets any of the following criteria:20
(a) It is intended to be placed in the oral or nasal cavity.21
(b) It is prepared in such a manner as to be suitable for smoking in a pipe or22
cigarette, or other device.23
(c) It is to be burned and inhaled or exhaled in any manner or in any form.24
(2) Whoever violates the provisions of this Subsection shall be sentenced to25
a term of imprisonment with or without hard labor for not less than two years nor26
more than five years and may, in addition, be sentenced to pay a fine of not more27
than ten thousand dollars.28 HLS 10RS-838 ORIGINAL
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B.(1) It shall be unlawful for any person knowingly or intentionally to1
possess material, compound, mixture, or preparation which contains a prohibited2
plant and which is intended to be placed in the oral or nasal cavity, is prepared in3
such a manner as to be suitable for smoking in a pipe or cigarette, or is to be burned4
and inhaled or exhaled in any manner or in any form.5
(2) Any person who violates the provisions of this Subsection shall be fined6
not more than five hundred dollars, imprisoned for not more than six months, or7
both.8
C. For the purposes of this Section:9
(1) "Distribute" means to sell, barter, trade, furnish, supply, or otherwise10
transfer in exchange for anything of value a material, compound, mixture, or11
preparation which contains a prohibited plant.12
(2) "Homeopathic drug" means any drug labeled as being homeopathic13
which is listed in the Homeopathic Pharmacopeia of the United States, an addendum14
to it, or its supplements. The potencies of homeopathic drugs are specified in terms15
of dilution. Homeopathic drug products must contain diluents commonly used in16
homeopathic pharmaceutics. Drug products containing homeopathic ingredients in17
combination with non-homeopathic active ingredients are not homeopathic drug18
products.19
(3) "Manufacture" means the production, preparation, propagation,20
compounding, or processing of a material, compound, mixture, or preparation which21
contains a prohibited plant either directly or indirectly by extraction from substances22
of natural origin, or independently by means of chemical synthesis, or by a23
combination of extraction and chemical synthesis. Manufacturer includes any person24
who packages, repackages, or labels any container holding a material, compound,25
mixture, or preparation which contains a prohibited plant.26
(4) "Production" includes the manufacture, planting, cultivation, growing,27
or harvesting of a prohibited plant.28 HLS 10RS-838 ORIGINAL
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(5) "Prohibited plant" means any combination of any of the parts, leaves,1
stems, stalks, seeds, materials, compounds, salts, derivatives, mixtures, preparations,2
or any resin extracted from any part of the following plants:3
(a) Artemisia vulgaris (Mugwort).4
(b) Canavalia rosea (Bay bean).5
(c) Leonotis leonurus (Lion's tail).6
(d) Leonotis nepetifolia (Lion's ear).7
(e) Leonurus sibiricus (Honeyweed).8
(f) Nelumbo nucifera (Sacred Lotus).9
(g) Nymphaea caerulea (Blue Lotus, Egyptian Lotus).10
(h) Pedicularis densiflora (Indian warrior).11
(i) Scutellaria nana (Dwarf skullcap).12
(j) Turnera diffusa (Damiana).13
(k) Zornia latifolia14
D. The provisions of this Section shall not apply to any dosage form which15
is legally obtainable from a retail establishment without a prescription and is16
recognized by the United States Food and Drug Administration as a homeopathic17
drug.18
E. The provisions of this Section shall not apply to the possession, planting,19
cultivation, growing, or harvesting of a prohibited plant strictly for aesthetic,20
landscaping, or decorative purposes.21
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)]
Michael Jackson HB No. 90
Abstract: Creates the crime of unlawful production, manufacturing, distribution, or
possession of a material, compound, mixture, or preparation which contains a
prohibited plant and adds certain hallucinogenic substances to Schedule I.
Present law provides for classification of controlled dangerous substances in Schedules I
through V. HLS 10RS-838 ORIGINAL
HB NO. 90
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are additions.
Proposed law retains the provisions of present law and adds the following substances to
Schedule I: 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)indo le or JWH-018}; and Naphthalen-1-yl-(1-butylindol-3-yl)methanone {also
known as 1-Butyl-3-(1-naphthoyl)indole or JWH-073}.
Present law provides criminal penalties for the unlawful production, manufacture,
distribution, or dispensing of controlled dangerous substances.
Proposed law retains the provisions of present law and creates the crime of unlawful
production, manufacturing, distribution, or possession of a material, compound, mixture, or
preparation which contains a prohibited plant.
Proposed law defines "production", "manufacture", "distribute", and "prohibited plant".
Proposed law provides for the following criminal penalties for unlawful production,
manufacturing, distribution, or possession with intent to manufacture, produce, or distribute
a material, compound, mixture, or preparation which contains a prohibited plant:
imprisonment with or without hard labor for not less than two years nor more than five years
and a fine of not more than $10,000.
Proposed law provides for the following criminal penalties for unlawful possession of a
material, compound, mixture, or preparation which contains a prohibited plant:
imprisonment for not more than six months, a fine of not more than $500, or both.
Proposed law creates an exception for the possession, planting, cultivation, growing, or
harvesting of a prohibited plant strictly for aesthetic, landscaping, or decorative purposes.
Proposed law creates an exception for any dosage form which is legally obtainable from a
retail establishment without a prescription and is recognized by the FDA as a homeopathic
drug. Defines "homeopathic drug".
(Adds R.S. 40:964(Schedule I)(C)(32), (33), (34), and (35) and 989.2)