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Regular Session, 2010 ENROLLED
SENATE BILL NO. 37
BY SENATORS THOMPSON, ADLEY, APPEL AND N. GAUTREAUX AND
REPRESENTATIVES BALDONE, TIM BURNS, CHANDLER,
CHANEY, CORTEZ, GISCLAIR, HENRY, HINES, GIROD JACKSON,
KATZ, LABRUZZO, LITTLE, RICHARD, SIMON, TEMPLET,
WHITE AND WILLMOTT
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
any of their salts, isomers, or salts of isomers, whenever the existence of such salts,18
isomers, or salts of isomers is possible within the specific chemical designation, for19
purposes of this Paragraph only, the term "isomer" includes the optical, position, and20
geometric isomers:21
* * *22
(32) Synthetic cannabinoids as follows:23
(a) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol {also24
known as CP 47,497 and its C6, C7, C8, and C9 homologues}25
ACT No. 866 SB NO. 37 ENROLLED
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(b) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-1
6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol {also known as HU-210}2
(c) Naphthalen-1-yl-(1-pentylindol-3-yl)methanone {also known as 1-3
Pentyl-3-(1-naphthoyl)indole or JWH-018}4
(d) Naphthalen-1-yl-(1-butylindol-3-yl)methanone {also known as 1-5
Butyl-3-(1-naphthoyl)indole or JWH-073}6
* * *7
§966. Penalty for distribution or possession with intent to distribute narcotic drugs8
listed in Schedule I; possession of marijuana9
* * *10
B. Penalties for violation of Subsection A. Any person who violates11
Subsection A with respect to:12
* * *13
(3) A substance classified in Schedule I which is marijuana,14
tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or15
synthetic cannabinoids shall upon conviction be sentenced to a term of16
imprisonment at hard labor for not less than five nor more than thirty years, and pay17
a fine of not more than fifty thousand dollars.18
* * *19
E. Possession of marijuana. (1) Except as provided in Subsections E and F20
of this Section, on a first conviction for violation of Subsection C of this Section with21
regard to marijuana, tetrahydrocannabinol or chemical derivatives thereof, or22
synthetic cannabinoids, the offender shall be fined not more than five hundred23
dollars, imprisoned in the parish jail for not more than six months, or both.24
(2) Except as provided in Subsection F or G of this Section, on a second25
conviction for violation of Subsection C of this Section with regard to marijuana,26
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids,27
the offender shall be fined not more than two thousand dollars, imprisoned with or28
without hard labor for not more than five years, or both.29
(3) Except as provided in Subsection F or G of this Section, on a third or30 SB NO. 37 ENROLLED
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subsequent conviction for violation of Subsection C of this Section with regard to1
marijuana, tetrahydrocannabi nol or chemical derivatives thereof, or synthetic2
cannabinoids, the offender shall be sentenced to imprisonment with or without hard3
labor for not more than twenty years, and may, in addition, be sentenced to pay a fine4
of not more than five thousand dollars.5
(4) A conviction for the violation of any other statute or ordinance with the6
same elements as R.S. 40:966(C) prohibiting the possession of marijuana,7
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids,8
shall be considered as a prior conviction for the purposes of this Subsection relating9
to penalties for second, third, or subsequent offenders.10
(5) A conviction for the violation of any other statute or ordinance with the11
same elements as R.S. 40:966(B)(3) prohibiting the distributing or dispensing or12
possession with intent to distribute or dispense marijuana, of marijuana,13
tetrahydrocannabinol, or chemical derivatives thereof, or synthetic cannabinoids,14
shall be considered as a prior conviction for the purposes of this Subsection relating15
to penalties for second, third, or subsequent offenders.16
F. Except as otherwise authorized in this Part:17
(1) Any person who knowingly or intentionally possesses sixty pounds or18
more, but less than two thousand pounds of marijuana, tetrahydrocannabinol, or19
chemical derivatives thereof, or synthetic cannabinoids, shall be sentenced to serve20
a term of imprisonment at hard labor of not less than five years, nor more than thirty21
years, and to pay a fine of not less than fifty thousand dollars nor more than one22
hundred thousand dollars.23
(2) Any person who knowingly or intentionally possesses two thousand24
pounds or more, but less than ten thousand pounds of marijuana,25
tetrahydrocannabinol, or chemical derivatives thereof, or synthetic cannabinoids,26
shall be sentenced to serve a term of imprisonment at hard labor of not less than ten27
years nor more than forty years, and to pay a fine of not less than one hundred28
thousand dollars nor more than four hundred thousand dollars.29
(3) Any person who knowingly or intentionally possesses ten thousand30 SB NO. 37 ENROLLED
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pounds or more of marijuana, tetrahydrocannabinol, or chemical derivatives thereof,1
or synthetic cannabinoids, shall be sentenced to serve a term of imprisonment at2
hard labor of not less than twenty-five years, nor more than forty years and to pay3
a fine of not less than four hundred thousand dollars nor more than one million4
dollars.5
* * *6
7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: