Louisiana 2015 2015 Regular Session

Louisiana House Bill HB72 Engrossed / Bill

                    HLS 15RS-655	REENGROSSED
2015 Regular Session
HOUSE BILL NO. 72
BY REPRESENTATIVE MACK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTROLLED SUBSTANCES:  Adds additional substances to Schedule I of the Uniform
Controlled Dangerous Substances Law
1	AN ACT
2To amend and reenact R.S. 40:964(Schedule I)(F)(12) through (27) and to enact R.S.
3 40:964(Schedule I)(C)(60) through (63) and (E)(10) and (11), and R.S. 40:989.1(F)
4 and 989.2(F), and to repeal R.S. 40:964(Schedule I)(F)(28), relative to the Uniform
5 Controlled Dangerous Substances Law;  to add certain substances to Schedule I of
6 the Uniform Controlled Dangerous Substances Law; to amend provisions of law
7 regarding synthetic cannabinoids; to provide for exceptions for certain dietary
8 supplements; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1.  R.S. 40:964(Schedule I)(F)(12) through (27) are hereby amended and
11reenacted and R.S. 40:964(Schedule I)(C)(60) through (63) and (E)(10) and (11) and R.S.
1240:989.1(F) and 989.2(F), are hereby enacted to read as follows:
13 §964.  Composition of schedules
14	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 official
16 name, common or usual name, chemical name, or brand name designated:
17	SCHEDULE I
18	*          *          *
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1	C.  Hallucinogenic substances.  Unless specifically excepted or unless listed
2 in another schedule, any material, compound, mixture, or preparation, which
3 contains any quantity of the following hallucinogenic substances, or which contains
4 any of their salts, isomers, or salts of isomers, whenever the existence of such salts,
5 isomers, or salts of isomers is possible within the specific chemical designation, for
6 purposes of this Paragraph only, the term "isomer" includes the optical, position, and
7 geometric isomers:
8	*          *          *
9	(60)  4-bromo-2,5-dimethoxyphenethylamine (2C-B)
10	(61) N-(2-methoxybenzyl)-2,5-dimethoxy-4-bromophenethylamine
11 (25B-NBOMe)
12	(62)  5-(2-methylaminopropyl)benzofuran (5-MAPB)
13	(63)  4-hydroxy-N-methyl-N-isopropyltryptamine (4-Hydroxy-MIPT)
14	*          *          *
15	E.  Stimulants.  Unless specifically excepted, or contained within a
16 pharmaceutical product approved by the United States Federal Food and Drug
17 Administration, or unless listed in another schedule, any material, compound,
18 mixture, or preparation which contains any quantity of the following substances
19 having a stimulant effect on the central nervous system including its salts, isomers,
20 esters, or ethers and salts of isomers, esters, or ethers whenever the existence of such
21 salts, isomers, esters, or ethers and salts of isomers, esters, or ethers is possible
22 within the specific chemical designation:
23	*          *          *
24	(10)  2-(pyrrolidin-1-yl)-1-(thiophen-2-yl)butan-1-one (Alpha-PBT)
25	(11)  2-(pyrrolidin-1-yl)-1-(thiophen-2-yl)pentan-1-one (Alpha-PVT)
26	F.  Synthetic cannabinoids.  Unless specifically excepted, or contained within
27 a pharmaceutical product approved by the United States Food and Drug
28 Administration, or unless listed in another schedule, any material, compound,
29 mixture, or preparation, which contains any quantity of a synthetic cannabinoid
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HB NO. 72
1 found to be in any of the following individual compounds or chemical groups, or any
2 of those individual compounds or groups which contain any synthetic cannabinoid
3 salts, isomers, salts of isomers, or nitrogen-heterocyclic analogs, whenever the
4 existence of such salts, isomers, salts of isomers, or  nitrogen-heterocyclic analogs
5 is possible within the specific compounds or chemical groups:
6	*          *          *
7	(12)  Naphthylamidoindoles:  any compound containing a N-(naphthyl)-1H-
8 indole-3-carboxamide structure, whether or not further substituted in the indole ring
9 to any extent or whether or not substituted in the naphthyl ring to any extent.
10	(13)  Quinolinylindolecarboxylates:  any compound containing a
11 quinolin-8-yl-1H-indole-3-carboxylate or isoquinolin-8-yl-1H-indole-3-carboxylate 
12 structure, whether or not further substituted in the indole, ring to any extent or the
13 quinloline, or isoquinoline  ring to any extent.
14	(14)  Adamantylamidoindoles: Any compound containing a
15 N-(adamantyl)-1H-indole-3-carboxamide structure, whether or not further
16 substituted in the indole ring to any extent or whether or not substituted in the
17 adamantyl ring to any extent.
18	(15)  N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1-H-
19 indazole-3- carboxamide
20	(16)  N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1-H-indole-3-
21 carboxamide
22 (17)  N- (1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-
23 carboxamide
24	(18)N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-
25 3-carboxamide
26	(19)N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carbo
27 xamide
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1	(15)  Naphthylindole carboxylates:  Any compound containing a
2 naphthyl-1H-indole-3-carboxylate structure, whether or not further substituted in the
3 indole ring or the naphthyl ring to any extent.
4	(16)  Benzylindolecarboxamides:  Any compound containing a
5 N-benzyl-1H-indole-3-carboxamide structure, whether or not further substituted in
6 the indole ring or the phenyl ring to any extent.
7	(17)  Quinolinylindolecarboxamides: Any compound containing a
8 N-quinolinyl-1H-indole-3-carboxamide or
9 N-isoquinolinyl-1H-indole-3-carboxamide structure, whether or not further
10 substituted in the indole, quinoline or the isoquinoline ring to any extent.
11	(18)  Phenylindolecarboxamides:  Any compound containing a
12 N-phenyl-1H-indole-3-carboxamide structure, whether or not further substituted in
13 the indole ring or the phenyl ring to any extent.
14	(19)  Butaldehydeamidoindoles:  Any compound containing a
15 N-(1-oxobutan-2yl)-1H-indole-3-carboxamide structure, with or without substitution
16 in the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkoxy, aryl, aryl halide,
17 alkylarylhalide, cycloalkymethyl, cycloalkylethyl, alkenyl, haloalkenyl, aliphatic
18 alcohol, hydroxyl, morpholinoethyl, alkylmorpholinomethyl, alkylpiperidinylmethyl
19 or a tetrahydropyranylmethyl group, whether or not further substituted on the
20 butaldehyde group to any extent.
21	(20)  Phenylpropionaldehydeamidoindoles:  Any compound containing a
22 N-(1-oxo-3-phenylpropan-2yl)-1H-indole-3-carboxamide structure, with or without
23 substitution in the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkoxy, aryl, aryl
24 halide, alkylarylhalide, cycloalklymethyl, cycloalkylethyl, alkenyl, haloalkenyl,
25 aliphatic alcohol, hydroxyl, morpholinoethyl, alkylmorpholinomethyl,
26 alkylpiperidinylmethyl or a tetrahydropyranylmethyl  group, whether or not further
27 substituted on the phenylpropionaldehyde  group to any extent.
28	(21)  Cumylindolecarboxamides:  Any compound containing a
29 N-(2-phenylpropane-2-yl)-1H-indole-3-carboxamide structure, with or without
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1 substitution in the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkoxy, aryl, aryl
2 halide, alkylarylhalide, cycloalkymethyl, cycloalkylethyl, alkenyl, haloalkenyl,
3 aliphatic alcohol, hydroxyl, morpholinoethyl, alkylmorpholinomethyl,
4 alkylpiperidinylmethyl or a tetrahydropyranylmethyl group, whether or not further
5 substituted on the phenyl group to any extent.
6	(20)(22) (1-(5-fluoropentyl)-1H-benzimidazol-2-yl)(naphthalen-1-yl)
7 methanone
8	(21)(23)  (4-methylpiperazin-1-yl)(1-pentyl-1H-indol-3-yl) methanone
9	(22)  Naphthalen-1-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate
10	(23)  N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-
11 indazole-3- carboxamide
12	(24)  N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-
13 indazole-3-carboxamide
14	(25)  N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-
15 indole-3-carboxamide
16	(26)  N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-ndole-3-
17 carboxamide
18	(27)  Naphthalen-1-yl-1-(5-fluoropentyl)-1H-indole-3-carboxylate
19	(28)  N-benzyl-1-pentyl-1H-indole-3-carboxamide
20	(24) 1-(5-fluoropentyl)N-naphthalen-1-yl)-1H-pyrrolo[3,2-c]pyridine-3-
21 carboxamide
22	(25)  N-fenchyl-1-[2-(morpholin-4-yl)ethyl]-7-methoxyindole-3-carboxamide 
23	(26)  naphthalen-1-yl(9-pentyl-9H-carbazol-3-yl)methanone
24	(27)  naphthalen-1-yl(9-(5-fluoropentyl)-9H-carbazol-3-yl)methanone
25	*          *          *
26 §989.1.  Unlawful production, manufacture, distribution, or possession of
27	hallucinogenic plants; exceptions
28	*          *          *
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1	F.  The provisions of this Section shall not apply to any dosage form which
2 is labeled as a dietary supplement and is manufactured in compliance with the
3 requirements of sections 402(g)(2), 415 and 761 of the Federal Food, Drug and
4 Cosmetic Act (21 USC 342(g)(2), 350d, 379aa-1).
5	*          *          *
6 §989.2.  Unlawful production, manufacturing, distribution, or possession of
7	prohibited plant products; exceptions
8	*          *          *
9	F.  The provisions of this Section shall not apply to any dosage form which
10 is labeled as a dietary supplement and is manufactured in compliance with the
11 requirements of sections 402(g)(2), 415 and 761 of the Federal Food, Drug and
12 Cosmetic Act (21 USC 342(g)(2), 350d, 379aa-1).
13 Section 2.  R.S. 40:964(Schedule I)(F)(28) is hereby repealed.
14 Section 3.  This Act shall become effective upon signature by the governor or, if not
15signed by the governor, upon expiration of the time for bills to become law without signature
16by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
17vetoed by the governor and subsequently approved by the legislature, this Act shall become
18effective on the day following such approval.
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)]
HB 72 Reengrossed 2015 Regular Session	Mack
Abstract:  Adds substances to Schedule I of the Uniform Controlled Dangerous Substances
Law.
Present law provides for classification of controlled dangerous substances in Schedules I
through V.
Proposed law adds substances and chemical groups to the list of Schedule I controlled
dangerous substances and makes nomenclature changes to certain chemical groups in
Schedule I.
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Proposed law creates exceptions to the crimes of unlawful production, manufacturing,
distribution, or possession of prohibited and hallucinogenic plant products for dietary
supplements.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:964(Schedule I)(F)(12) - (27); Adds R.S. 40:964(Schedule I)(C)(60) - (63)
and (E)(10) and (11), 989.1(F) and 989.2(F); Repeals R.S. 40:964(Schedule I)(F)(28))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical nomenclature changes to chemical groups of synthetic
cannabinoids in Schedule I.
The House Floor Amendments to the engrossed bill:
1. Add an exception to the crimes of unlawful production, manufacturing,
distribution, or possession of prohibited and hallucinogenic plant products for
certain dietary supplements.
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