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 224 Original 2018 Regular Session Marino
Abstract: Reduces criminal penalties for certain offenses involving drugs which are not controlled
substances but require a prescription (legend drugs).
Present law defines a "legend drug" as any drug bearing a label required by the FDA which states:
"Caution: Federal law prohibits dispensing without prescription."
Present law provides that it shall be unlawful for any person to sell, deliver, or possess any legend
drug except upon the order or prescription of a physician or licensed health care practitioner.
Present law provides that it shall be unlawful for any person knowingly or intentionally to acquire
or obtain possession of a legend drug by misrepresentation, fraud, forgery, deception or subterfuge.
Proposed law retains these present law crimes.
Present law provides penalties for the commission of these offenses including imprisonment, with
or without hard labor, for not more than five years and a fine of not more than $5,000.
Proposed law reduces these penalty provisions to include imprisonment for not more than six
months, a fine of not more than $500, or both.
(Amends R.S. 40:1060.13 and 1060.15(B))