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Regular Session, 2010
SENATE BILL NO. 179
BY SENATOR N. GAUTREAUX
CONTROL DANGER SUBSTANCE. Adds certain drugs to Schedule I of the Uniform
Controlled Dangerous Substances Law. (8/15/10)
AN ACT1
To amend and reenact R.S. 40:966(B)(3), (E) and (F), and to enact R.S. 40:964(C)(32),2
relative to the Uniformed Controlled Dangerous Substances Law; to add drugs to3
Schedule I classification; to provide for penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:966(B)(3), (E) and (F) are hereby amended and reenacted and6
R.S. 40:964(C)(32) is hereby enacted to read as follows: 7
§964. Composition of schedules8
Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.9
40:962, consist of the following drugs or other substances, by whatever official10
name, common or usual name, chemical name, or brand name designated:11
SCHEDULE I12
* * *13
C. Hallucinogenic substances. Unless specifically excepted or unless listed14
in another schedule, any material, compound, mixture, or preparation, which15
contains any quantity of the following hallucinogenic substances, or which contains16
any of their salts, isomers, or salts of isomers, whenever the existence of such salts,17 SB NO. 179
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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
(32) Spice cannabinoids5
(a) HU-210 ([(6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-6
methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c] chromen-1-ol)])7
(b) HU-211 ((dexanabinol, (6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-8
3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol))9
(c) CP 47, 497 and homologues (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-10
methyloctan-2-yl)phenol)11
(d) JWH-018 (1-Pentyl-3-(1-naphthoyl)indole)12
(e) JWH-073 (1-Butyl-3-(1-naphthoyl)indole)13
* * *14
§966. Penalty for distribution or possession with intent to distribute narcotic drugs15
listed in Schedule I; possession of marijuana16
* * *17
B. Penalties for violation of Subsection A. Any person who violates18
Subsection A with respect to:19
* * *20
(3) A substance classified in Schedule I which is marijuana,21
tetrahydrocannabinols, or chemical derivatives of tetrahydrocanna-binols, or spice22
cannabinoids shall upon conviction be sentenced to a term of imprisonment at hard23
labor for not less than five nor more than thirty years, and pay a fine of not more than24
fifty thousand dollars.25
* * *26
E. Possession of marijuana. (1) Except as provided in Subsections E and F27
of this Section, on a first conviction for violation of Subsection C of this Section with28
regard to marijuana, tetrahydrocannabinol or chemical derivatives thereof, or spice29 SB NO. 179
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cannabinoids, the offender shall be fined not more than five hundred dollars,1
imprisoned in the parish jail for not more than six months, or both.2
(2) Except as provided in Subsection F or G of this Section, on a second3
conviction for violation of Subsection C of this Section with regard to marijuana,4
tetrahydrocannabinol or chemical derivatives thereof, or spice cannabinoids, the5
offender shall be fined not more than two thousand dollars, imprisoned with or6
without hard labor for not more than five years, or both.7
(3) Except as provided in Subsection F or G of this Section, on a third or8
subsequent conviction for violation of Subsection C of this Section with regard to9
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or spice10
cannabinoids, the offender shall be sentenced to imprisonment with or without hard11
labor for not more than twenty years, and may, in addition, be sentenced to pay a fine12
of not more than five thousand dollars.13
(4) A conviction for the violation of any other statute or ordinance with the14
same elements as R.S. 40:966(C) prohibiting the possession of marijuana,15
tetrahydrocannabinol or chemical derivatives thereof, or spice cannabinoids, shall16
be considered as a prior conviction for the purposes of this Subsection relating to17
penalties for second, third, or subsequent offenders.18
(5) A conviction for the violation of any other statute or ordinance with the19
same elements as R.S. 40:966(B)(3) prohibiting the distributing or dispensing or20
possession with intent to distribute or dispense marijuana, of marijuana,21
tetrahydrocannabinol, or chemical derivatives thereof, spice cannabinoid, shall be22
considered as a prior conviction for the purposes of this Subsection relating to23
penalties for second, third, or subsequent offenders.24
F. Except as otherwise authorized in this Part:25
(1) Any person who knowingly or intentionally possesses sixty pounds or26
more, but less than two thousand pounds of marijuana, tetrahydrocannabinol, or27
chemical derivatives thereof, or spice cannabinoids, shall be sentenced to serve a28
term of imprisonment at hard labor of not less than five years, nor more than thirty29 SB NO. 179
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years, and to pay a fine of not less than fifty thousand dollars nor more than one1
hundred thousand dollars.2
(2) Any person who knowingly or intentionally possesses two thousand3
pounds or more, but less than ten thousand pounds of marijuana,4
tetrahydrocannabinol, or chemical derivatives thereof, or spice cannabinoids, shall5
be sentenced to serve a term of imprisonment at hard labor of not less than ten years6
nor more than forty years, and to pay a fine of not less than one hundred thousand7
dollars nor more than four hundred thousand dollars.8
(3) Any person who knowingly or intentionally possesses ten thousand9
pounds or more of marijuana, tetrahydrocannabinol, or chemical derivatives thereof,10
or spice cannabinoids, shall be sentenced to serve a term of imprisonment at hard11
labor of not less than twenty-five years, nor more than forty years and to pay a fine12
of not less than four hundred thousand dollars nor more than one million dollars.13
* * *14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Present law provides for controlled dangerous substances in Schedules I through V.
Proposed law adds spice cannabinoids to Schedule I.
Present law penalizes any person who produces, manufactures, distributes or dispenses or
possesses with intent to produce, manufacture, distribute, or dispense marijuana,
tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols for a term of
imprisonment at hard labor for not less than five nor more than 30 years and a fine of not
more than $50,000.
Present law penalizes any person who creates, distributes, or possesses with intent to
distribute a counterfeit controlled dangerous substance classified in Schedule I as marijuana,
tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols for a term of
imprisonment at hard labor for not less than five nor more than 30 years and a fine of not
more than $50,000.
Proposed law retains present law and provides the same penalties for any person who
produces, manufactures, distributes or dispenses or possesses with intent to produce,
manufacture, distribute, or dispense spice cannabinoids and any person who creates,
distributes, or possesses with intent to distribute a counterfeit controlled dangerous substance
classified in Schedule I as spice cannabinoid.
Present law criminalizes and penalizes possession of marijuana and tetrahydrocannabinol
or chemical derivatives thereof. SB NO. 179
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Proposed law criminalizes possession of spice cannabinoids and provides that possession of
spice cannabinoids shall carry the same penalties as possession of marijuana.
Effective August 15, 2010.
(Amends R.S. 40:966(B)(3), (E) and (F); adds R.S. 40:964(C)(32))