Louisiana 2012 Regular Session

Louisiana Senate Bill SB73 Latest Draft

Bill / Introduced Version

                            SLS 12RS-259	ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 73
BY SENATOR CROWE 
CONTROL DANGER SUBSTANCE. Adds Kratom to Schedule I of the Uniform
Controlled Dangerous Substances Law, thereby making possession and distribution of
Kratom a crime.  (gov sig)
AN ACT1
To enact R.S. 40:964(Schedule I)(E)(10), relative to controlled dangerous substances; to2
provide relative to substances having a stimulant effect on the central nervous3
system, specifically Kratom; to add Kratom to Schedule I of the Uniform Controlled4
Dangerous Substances Law; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 40:964(Schedule I)(E)(10) is hereby enacted to read as follows: 7
ยง964. 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
E. Stimulants. Unless specifically excepted, or contained within a14
pharmaceutical product approved by the United States Federal Food and Drug15
Administration, or unless listed in another schedule, any material, compound,16
mixture, or preparation which contains any quantity of the following substances17 SB NO. 73
SLS 12RS-259	ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
having a stimulant effect on the central nervous system including its salts, isomers,1
esters, or ethers and salts of isomers, esters, or ethers whenever the existence of such2
salts, isomers, esters, or ethers and salts of isomers, esters, or ethers is possible3
within the specific chemical designation:4
*          *          *5
(10)  Kratom6
*          *          *7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that certain stimulants are controlled dangerous substances under
Schedule I of the Uniform Controlled Dangerous Substances Law.
Present law provides that it is unlawful for any person:
1. To produce, manufacture, distribute, or dispense or possess with intent to produce,
manufacture, distribute, or dispense, a controlled dangerous substance classified in
Schedule I.
2. To knowingly or intentionally possess a controlled dangerous substance classified
in Schedule I unless such substance was obtained directly from a practitioner or
pursuant to a valid prescription, or as otherwise authorized by 	present law.
Present law further makes unlawful possession or distribution of Schedule I substances a
felony.
Proposed law retains present law, and adds Kratom (a tropical tree indigenous to Thailand,
Malaysia, Myanmar, and other areas of Southeast Asia, the leaves of which have been used
as an herbal drug and stimulant) as a Schedule I controlled dangerous substance.
Accordingly, proposed law makes unlawful possession or distribution of Kratom a felony.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:964(Schedule I)(E)(10))