RÉSUMÉ DIGEST
ACT 354 (HB 138) 2019 Regular Session Connick
Existing law provides for a definition of "marijuana" which means all parts of plants of the
genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part
of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of
such plant, its seeds or resin.
Existing law further provides that the term "marijuana" does not include the mature stalks
of plants of the genus Cannabis, fiber produced from such stalks, oil or cake made from the
seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake,
or the sterilized seed of such plant which is incapable of germination, or cannabidiol when
contained in a drug product approved by the U.S. Food and Drug Administration.
New law adds industrial hemp that is in the possession, custody, or control of a person who
holds a license issued by the La. Dept. of Agriculture and Forestry, or is cultivated and
processed in accordance with the U.S. Agriculture Improvement Act of 2018 as an exception
to the existing law definition of "marijuana".
New law defines "industrial hemp" as the plant Cannabis sativa and any part of that plant,
including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, and
salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration
of not more than 0.3 percent on a dry weight basis and cultivated and processed in
accordance with the U.S. Agriculture Improvement Act of 2018, or the plan submitted by the
La. Dept. of Agriculture and Forestry that is in compliance with the U.S. Dept. of Agriculture
rules.
Existing law provides for the designation of controlled dangerous substances into Schedules
I, II, III, IV, and V based upon the substances' potential for addiction and abuse.
New law adds Methoxyacetylfentanyl, Para-fluorobutyrylfentanyl,
Tetrahydrofuranylfentanyl, U-49900, U-51754, U-48800, and Deschloro-N-ethyl-ketamine
to Schedule I.
Existing law provides that no person shall knowingly or intentionally:
(1)Produce, manufacture, distribute or dispense or possess with intent to produce,
manufacture, distribute, or dispense, a controlled dangerous substance or controlled
dangerous substance analogue classified in Schedule I.
(2)Create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule I.
New law adds to existing law that no person shall knowingly or intentionally cultivate,
possess, process, or sell industrial hemp products, or viable industrial hemp seeds not in
accordance with the U.S. Agriculture Improvement Act of 2018 or the plan submitted by the
La. Dept. of Agriculture and Forestry that is in compliance with the U.S. Dept. of Agriculture
rules.
Effective August 1, 2019.
(Amends R.S. 40:961(26) and 964(Schedule I)(C)(27); Adds R.S. 40:961(45), 964(Schedule
I)(A)(62) through (67) and (C)(65), and 966(A)(3))