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Regular Session, 2014
HOUSE BILL NO. 839
BY REPRESENTATIVE HONORE
CONTROLLED SUBSTANCES: Changes the designation of marijuana from a Schedule
I to a Schedule II controlled dangerous substance
AN ACT1
To amend and reenact R.S. 40:966(B)(3), (E)(1), (2)(a), (3), (4), and (5), (F)(1), (2), and (3)2
and 967(B)(5), and (C), to enact R.S. 40:964(Schedule II)(A)(7) and 967(B)(6) and3
(F)(4), and to repeal R.S. 40:964(Schedule I)(C)(19) and (27), relative to the4
Uniform Controlled Dangerous Substances Law; to redesignate marijuana,5
tetrahydrocannabinol, or chemical derivatives thereof as Schedule II controlled6
dangerous substances; to provide with respect to penalty provisions; to retain7
synthetic cannabinoids as Schedule I controlled dangerous substances; and to provide8
for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:966(B)(3), (E)(1), (2)(a), (3), (4), and (5), (F)(1), (2), and (3) and11
967(B)(5) and (C) are hereby amended and reenacted and R.S. 40:964(Schedule II)(A)(7)12
and 967(B)(6) and (F)(4) are hereby enacted to read as follows: 13
§964. Composition of schedules14
Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.15
40:962, consist of the following drugs or other substances, by whatever official16
name, common or usual name, chemical name, or brand name designated:17
* * *18 HLS 14RS-1030 ORIGINAL
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SCHEDULE II1
A. Substances of vegetable origin or chemical synthesis. Unless specifically2
excepted or unless listed in another schedule, any of the following substances3
whether produced directly or indirectly by extraction from substances of vegetable4
origin, or independently by means of chemical synthesis, or by a combination of5
extraction and chemical synthesis:6
* * *7
(7) Marijuana, tetrahydrocannabinol, or chemical derivatives thereof.8
* * *9
§966. Penalty for distribution or possession with intent to distribute narcotic drugs10
listed in Schedule I; possession of marijuana, possession of synthetic11
cannabinoids12
* * *13
B. Penalties for violation of Subsection A of this Section. Any person who14
violates Subsection A of this Section with respect to:15
* * *16
(3) A substance classified in Schedule I which is marijuana,17
tetrahydrocannabinols, or chemical derivatives of tetrahyd rocannabinols, or a18
synthetic cannabinoids cannibinoid shall upon conviction be sentenced to a term of19
imprisonment at hard labor for not less than five nor more than thirty years, and pay20
a fine of not more than fifty thousand dollars.21
* * *22
E. Possession of marijuana, or synthetic cannabinoids. (1) Except as23
provided in Subsections E and F of this Section, on a first conviction for violation24
of Subsection C of this Section with regard to marijuana, tetrahydrocannabinol, or25
chemical derivatives thereof, or synthetic cannabinoids, the offender shall be fined26
not more than five hundred dollars, imprisoned in the parish jail for not more than27
six months, or both.28 HLS 14RS-1030 ORIGINAL
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(2)(a) Except as provided in Subsection F or G of this Section, on a second1
conviction for violation of Subsection C of this Section with regard to marijuana,2
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids, the3
offender shall be fined not less than two hundred fifty dollars, nor more than two4
thousand dollars, imprisoned with or without hard labor for not more than five years,5
or both.6
* * *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 synthetic10
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) Subsection C of this Section prohibiting the15
possession of marijuana, tetrahydrocannabinol or chemical derivatives thereof, or16
synthetic cannabinoids shall be considered as a prior conviction for the purposes of17
this Subsection relating to 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) Paragraph (B)(3) of this Section prohibiting the20
distributing or dispensing or possession with intent to distribute or dispense21
marijuana, of marijuana,
1
tetrahydrocannabinol or chemical derivatives thereof, or22
synthetic cannabinoids shall be considered as a prior conviction for the purposes of23
this Subsection relating to 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 synthetic cannabinoids shall be sentenced to serve28
a term of imprisonment at hard labor of not less than five years, nor more than thirty29 HLS 14RS-1030 ORIGINAL
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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 synthetic 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 synthetic 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
§967. Prohibited acts--Schedule II, penalties; possession of marijuana15
* * *16
B. Penalties for violation of Subsection A. Except as provided in Subsection17
F, any person who violates Subsection A with respect to:18
* * *19
(5) A substance classified in Schedule II which is marijuana,20
tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols shall upon21
conviction be sentenced to a term of imprisonment at hard labor for not less than five22
nor more than thirty years, and a fine of not more than fifty thousand dollars.23
(6) Any other controlled dangerous substance classified in Schedule II24
except pentazocine, amphetamine, methamphetamine, cocaine, oxycodone, or25
methadone shall be sentenced to a term of imprisonment at hard labor for not more26
than ten years, and in addition may be sentenced to pay a fine of not more than27
fifteen thousand dollars.28 HLS 14RS-1030 ORIGINAL
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C. Possession. It is unlawful for any person knowingly or intentionally to1
possess a controlled dangerous substance as classified in Schedule II unless such2
substance was obtained directly or pursuant to a valid prescription or order from a3
practitioner, as provided in R.S. 40:978 while acting in the course of his professional4
practice, or except as otherwise authorized by this Part. Any person who violates5
this Subsection with respect to:6
(1) Any person who violates this Subsection with respect to pentazocine7
Pentazocine shall be imprisoned with or without hard labor for not less than two8
years and for not more than five years and, in addition, may be sentenced to pay a9
fine of not more than five thousand dollars.10
(2)(a) Marijuana, tetrahydrocannabinol, or chemical derivatives thereof11
except as provided in Subsections F and G of this Section, on a first conviction the12
offender shall be fined not more than five hundred dollars, imprisoned for not more13
than six months, or both.14
(b) Except as provided in Subsections F and G of this Section, on a second15
conviction for violation of this Subsection with regard to marijuana,16
tetrahydrocannabinol, or chemical derivatives thereof, the offender shall be fined not17
less than two hundred fifty dollars nor more than two thousand dollars, imprisoned18
with or without hard labor for not more than five years, or both.19
(c) Except as provided in Subsections F and G of this Section, on a third or20
subsequent conviction for violation of this Subsection with regard to marijuana,21
tetrahydrocannabinol, or chemical derivatives thereof, the offender shall be22
sentenced to imprisonment with or without hard labor for not more than twenty23
years, and may, in addition, be fined not more than five thousand dollars.24
(d) A conviction for the violation of any other statute or ordinance with the25
same elements as Subsection C of this Section prohibiting the possession of26
marijuana, tetrahydrocannabinol, or chemical derivatives thereof shall be considered27
a prior conviction for the purposes of this Subsection relating to penalties for second,28
third, or subsequent offenses.29 HLS 14RS-1030 ORIGINAL
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(e) A conviction for the violation of any other statute or ordinance with the1
same elements as Paragraph (B)(5) of this Section prohibiting the distributing or2
dispensing or possession with intent to distribute or dispense marijuana,3
tetrahydrocannabinol, or chemical derivatives thereof shall be considered a prior4
conviction for the purposes of this Subsection relating to penalties for second, third,5
or subsequent offenses.6
(2)(3) Any person who violates this Subsection as to any other controlled7
dangerous substance shall be imprisoned with or without hard labor for not more8
than five years and, in addition, may be sentenced to pay a fine of not more than five9
thousand dollars.10
* * *11
F. Other penalties for possession.12
* * *13
(4) Except as otherwise authorized in this Part:14
(a) Any person who knowingly or intentionally possesses sixty pounds or15
more, but less than two thousand pounds of marijuana, tetrahydrocannabinol, or16
chemical derivatives thereof, shall be sentenced to serve a term of imprisonment at17
hard labor of not less than five years nor more than thirty years, and to pay a fine of18
not less than fifty thousand dollars nor more than one hundred thousand dollars.19
(b) Any person who knowingly or intentionally possesses two thousand20
pounds or more, but less than ten thousand pounds of marijuana,21
tetrahydrocannabinol, or chemical derivatives thereof, shall be sentenced to serve a22
term of imprisonment at hard labor of not less than ten years nor more than forty23
years, and to pay a fine of not less than one hundred thousand dollars nor more than24
four hundred thousand dollars.25
(c) Any person who knowingly or intentionally possesses ten thousand26
pounds or more of marijuana, tetrahydrocannabinol, or chemical derivatives thereof,27
shall be sentenced to serve a term of imprisonment at hard labor of not less than28 HLS 14RS-1030 ORIGINAL
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twenty-five years nor more than forty years and to pay a fine of not less than four1
hundred thousand dollars nor more than one million dollars.2
* * *3
Section 2. R.S. 40:964(Schedule I)(C)(19) and (27) are hereby repealed in their4
entirety.5
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)]
Honore HB No. 839
Abstract: Re-schedules marijuana from Schedule I to Schedule II.
Present law provides for classification of controlled dangerous substances in Schedules I
through V.
Present law describes substances in Schedule I as having a high potential for abuse, no
current acceptable medical use, and a lack of safety standards for using the drug. Schedule
II controlled dangerous substances also have a high potential for abuse, but there are
accepted medical uses for the drug and the use of the drug may lead to severe psychological
or physical dependence.
Proposed law changes the designation of marijuana from Schedule I to Schedule II.
(Amends R.S. 40:966(B)(3), (E)(1), (2)(a), (3), (4), and (5), (F)(1), (2), and (3) and
967(B)(5) and (C); Adds R.S. 40:964(Schedule II)(A)(7) and 967(B)(6) and (F)(4); Repeals
R.S. 40:964(Schedule I)(C)(19) and (27))