ENROLLED
2019 Regular Session
HOUSE BILL NO. 138
BY REPRESENTATIVE CONNICK
1 AN ACT
2 To amend and reenact R.S. 40:961(26) and 964(Schedule I)(C)(27) and to enact R.S.
3 40:961(45), 964(Schedule I)(A)(62) through (67) and (C)(65), and 966(A)(3),
4 relative to the Uniform Controlled Dangerous Substances Law; to amend the
5 definition of marijuana to exclude industrial hemp; to provide for a definition of
6 industrial hemp; to provide relative to criminal penalties; to add certain substances
7 to Schedule I; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:961(26) and 964(Schedule I)(C)(27) are hereby amended and
10 reenacted and R.S. 40:961(45), 964(Schedule I)(A)(62) through (67) and (C)(65), and
11 966(A)(3) are hereby enacted to read as follows:
12 §961. Definitions
13 As used in this Part, the following terms shall have the meaning ascribed to
14 them in this Section unless the context clearly indicates otherwise:
15 * * *
16 (26)(a) "Marijuana" means all parts of plants of the genus Cannabis, whether
17 growing or not; the seeds thereof; the resin extracted from any part of such plant; and
18 every compound, manufacture, salt, derivative, mixture, or preparation of such plant,
19 its seeds or resin,.
20 but (b) "Marijuana" shall not include the following:
21 (i) Industrial hemp that is in the possession, custody, or control of a person
22 who holds a license issued by the Louisiana Department of Agriculture and Forestry,
23 or is cultivated and processed in accordance with the U.S. Agriculture Improvement
24 Act of 2018.
25 (ii) The mature stalks of such plant plants of the genus Cannabis, fiber
26 produced from such stalks, oil or cake made from the seeds of such plant, any other
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1 compound, manufacture, salt, derivative, mixture, or preparation of such mature
2 stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed
3 of such plant which is incapable of germination, or.
4 (iii) cannabidiol Cannabidiol when contained in a drug product approved by
5 the United States Food and Drug Administration.
6 * * *
7 (45) "Industrial hemp" means the plant Cannabis sativa and any part of that
8 plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers,
9 acids, and salts of isomers, whether growing or not, with a delta-9-
10 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight
11 basis and cultivated and processed in accordance with the U.S. Agriculture
12 Improvement Act of 2018, or the plan submitted by the Louisiana Department of
13 Agriculture and Forestry that is in compliance with the U.S. Department of
14 Agriculture rules.
15 * * *
16 §964. Composition of schedules
17 Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
18 40:962, consist of the following drugs or other substances, by whatever official
19 name, common or usual name, chemical name, or brand name designated:
20 SCHEDULE I
21 A. Opiates. Unless specifically excepted or unless listed in another schedule,
22 any of the following opiates, including their isomers, esters, ethers, salts, or salts of
23 isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers,
24 or salts is possible within the specific chemical designation:
25 * * *
26 (62) Methoxyacetylfentanyl (2-methoxy-N-[1-(2-phenylethyl)piperidin-4-
27 yl]-N-phenylacetamide)
28 (63) Para-fluorobutyrylfentanyl (N-(4-fluorophenyl)-N-[1-(2-phenylethyl)
29 piperidin-4-yl]butanamide)
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1 (64) Tetrahydrofuranylfentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-
2 yl]tetrahydrofuran-2-carboxamide)
3 (65) U-49900 (3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methyl-
4 benzamide)
5 (66) U-51754 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methyl-
6 benzeneacetamide)
7 (67) U-48800 (2,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methyl-
8 benzeneacetamide)
9 * * *
10 C. Hallucinogenic substances. Unless specifically excepted or unless listed
11 in another schedule, any material, compound, mixture, or preparation, which
12 contains any quantity of the following hallucinogenic substances, or which contains
13 any of their salts, isomers, or salts of isomers, whenever the existence of such salts,
14 isomers, or salts of isomers is possible within the specific chemical designation, for
15 purposes of this Paragraph only, the term "isomer" includes the optical, position, and
16 geometric isomers:
17 * * *
18 (27) Tetrahydrocannabinols, including synthetic equivalents and derivatives,
19 except for tetrahydrocannabinols in hemp
20 * * *
21 (65) Deschloro-N-ethyl-ketamine (2-(ethylamino)-2-phenylcyclohexan-1-
22 one)
23 * * *
24 §966. Penalty for distribution or possession with intent to distribute narcotic drugs
25 listed in Schedule I; possession of marijuana, synthetic cannabinoids, and
26 heroin
27 A. Manufacture; distribution. Except as authorized by this Part, it shall be
28 unlawful for any person knowingly or intentionally:
29 * * *
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1 (3) To cultivate, possess, process, or sell industrial hemp, industrial hemp
2 products, or viable industrial hemp seeds not in accordance with the U.S. Agriculture
3 Improvement Act of 2018 or the plan submitted by the Louisiana Department of
4 Agriculture and Forestry that is in compliance with the U.S. Department of
5 Agriculture rules.
6 * * *
7 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
8 renumber the terms defined in R.S. 40:961 to ensure that such terms are in alphabetical
9 order.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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