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Regular Session, 2010
SENATE BILL NO. 37
BY SENATORS THOMPSON, ADLEY, APPEL AND N. GAUTREAUX
CONTROL DANGER SUBSTANCE. Adds drugs to Schedule I classification. (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(Schedule2
I)(C)(32), relative to the Uniformed Controlled Dangerous Substances Law; to add3
drugs to Schedule I classification; to provide for penalties; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:966(B)(3), (E) and (F) are hereby amended and reenacted and7
R.S. 40:964 (Schedule I)(C)(32) is hereby enacted to read as follows: 8
§964. Composition of schedules9
Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.10
40:962, consist of the following drugs or other substances, by whatever official11
name, common or usual name, chemical name, or brand name designated:12
SCHEDULE I13
* * *14
C. Hallucinogenic substances. Unless specifically excepted or unless listed15
in another schedule, any material, compound, mixture, or preparation, which16
contains any quantity of the following hallucinogenic substances, or which contains17 SB NO. 37
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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) Synthetic cannabinoids6
(a) HU-210 ([(6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-7
methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c] chromen-1-ol)])8
(b) CP 47, 497 and homologues (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-9
methyloctan-2-yl)phenol))10
(c) JWH-018 (1-Pentyl-3-(1-naphthoyl)indole)11
(d) JWH-073 (1-Butyl-3-(1-naphthoyl)indole)12
* * *13
§966. Penalty for distribution or possession with intent to distribute narcotic drugs14
listed in Schedule I; possession of marijuana15
* * *16
B. Penalties for violation of Subsection A. Any person who violates17
Subsection A with respect to:18
* * *19
(3) A substance classified in Schedule I which is marijuana,20
tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or21
synthetic cannabinoids shall upon conviction be sentenced to a term of22
imprisonment at hard labor for not less than five nor more than thirty years, and pay23
a fine of not more than fifty thousand dollars.24
* * *25
E. Possession of marijuana. (1) Except as provided in Subsections E and F26
of this Section, on a first conviction for violation of Subsection C of this Section with27
regard to marijuana, tetrahydrocannabinol or chemical derivatives thereof, or28
synthetic cannabinoids, the offender shall be fined not more than five hundred29 SB NO. 37
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dollars, imprisoned in the parish jail for not more than six months, or both.1
(2) Except as provided in Subsection F or G of this Section, on a second2
conviction for violation of Subsection C of this Section with regard to marijuana,3
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids,4
the offender shall be fined not more than two thousand dollars, imprisoned with or5
without hard labor for not more than five years, or both.6
(3) Except as provided in Subsection F or G of this Section, on a third or7
subsequent conviction for violation of Subsection C of this Section with regard to8
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic9
cannabinoids, the offender shall be sentenced to imprisonment with or without hard10
labor for not more than twenty years, and may, in addition, be sentenced to pay a fine11
of not more than five thousand dollars.12
(4) A conviction for the violation of any other statute or ordinance with the13
same elements as R.S. 40:966(C) prohibiting the possession of marijuana,14
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids,15
shall be considered as a prior conviction for the purposes of this Subsection relating16
to penalties for second, third, or subsequent offenders.17
(5) A conviction for the violation of any other statute or ordinance with the18
same elements as R.S. 40:966(B)(3) prohibiting the distributing or dispensing or19
possession with intent to distribute or dispense marijuana, of marijuana,20
tetrahydrocannabinol, or chemical derivatives thereof, or synthetic cannabinoids,21
shall be considered as a prior conviction for the purposes of this Subsection relating22
to penalties for second, third, or subsequent offenders.23
F. Except as otherwise authorized in this Part:24
(1) Any person who knowingly or intentionally possesses sixty pounds or25
more, but less than two thousand pounds of marijuana, tetrahydrocannabinol, or26
chemical derivatives thereof, or synthetic cannabinoids, shall be sentenced to serve27
a term of imprisonment at hard labor of not less than five years, nor more than thirty28
years, and to pay a fine of not less than fifty thousand dollars nor more than one29 SB NO. 37
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hundred thousand dollars.1
(2) Any person who knowingly or intentionally possesses two thousand2
pounds or more, but less than ten thousand pounds of marijuana,3
tetrahydrocannabinol, or chemical derivatives thereof, or synthetic cannabinoids,4
shall be sentenced to serve a term of imprisonment at hard labor of not less than ten5
years nor more than forty years, and to pay a fine of not less than one hundred6
thousand dollars nor more than four hundred thousand dollars.7
(3) Any person who knowingly or intentionally possesses ten thousand8
pounds or more of marijuana, tetrahydrocannabinol, or chemical derivatives thereof,9
or synthetic cannabinoids, shall be sentenced to serve a term of imprisonment at10
hard labor of not less than twenty-five years, nor more than forty years and to pay11
a fine of not less than four hundred thousand dollars nor more than one million12
dollars.13
* * *14
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Tammy Crain-Waldrop.
DIGEST
Thompson (SB 37)
Present law provides for controlled dangerous substances in Schedules I through V.
Proposed law adds synthetic 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 5 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 5 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 synthetic cannabinoids and any person who creates,
distributes, or possesses with intent to distribute a counterfeit controlled dangerous substance
classified in Schedule I as synthetic cannabinoids. SB NO. 37
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Proposed law removes a chemical component related to synthetic cannabinoids.
Present law criminalizes and penalizes possession of marijuana and tetrahydrocannabinol
or chemical derivatives thereof.
Proposed law criminalizes possession of synthetic cannabinoids and provides that possession
of synthetic 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(Schedule I)(C)(32))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill.
1. Deletes a chemical component related to synthetic cannabinoids.
2. Changes the term spice to synthetic.
Senate Floor Amendments to reengrossed bill.
1. Technical amendments.