HLS 19RS-826 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 452
BY REPRESENTATIVE TURNER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTROLLED SUBSTANCES: Provides relative to the Uniform Controlled Dangerous
Substances Law
1 AN ACT
2To enact R.S. 40:964(Schedule I)(G), (Schedule II)(G), (Schedule III)(H), (Schedule IV)(F),
3 and (Schedule V)(G) and to repeal R.S. 40:989.3, relative to the Uniform Controlled
4 Dangerous Substances Law; to add certain substances to the Uniform Controlled
5 Dangerous Substances Law; to repeal the crime of unlawful distribution of products
6 containing Mitragyna speciosa to a minor; to provide for special effective dates; and
7 to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:964(Schedule I)(G) is hereby enacted to read as follows:
10 §964. Composition of schedules
11 Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
12 40:962, consist of the following drugs or other substances, by whatever official
13 name, common or usual name, chemical name, or brand name designated:
14 SCHEDULE I
15 * * *
16 G. Miscellaneous. Unless specifically excepted or contained within a
17 pharmaceutical product approved by the United States Food and Drug
18 Administration, or unless listed in another schedule, any material, compound,
19 mixture, or preparation which contains any quantity of the following substances
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1 including its salts, isomers, or salts of isomers, whenever the existence of such salts,
2 isomers, or salts of isomers is possible within the specific chemical designation:
3 (1) Mitragynine
4 (2) 7-Hydroxy-mitragynine
5 * * *
6 Section 2. R.S. 40:964(Schedule II)(G) is hereby enacted to read as follows:
7 §964. Composition of schedules
8 Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
9 40:962, consist of the following drugs or other substances, by whatever official
10 name, common or usual name, chemical name, or brand name designated:
11 * * *
12 SCHEDULE II
13 * * *
14 G. Miscellaneous. Unless specifically excepted or contained within a
15 pharmaceutical product approved by the United States Food and Drug
16 Administration, or unless listed in another schedule, any material, compound,
17 mixture, or preparation which contains any quantity of the following substances
18 including its salts, isomers, or salts of isomers, whenever the existence of such salts,
19 isomers, or salts of isomers is possible within the specific chemical designation:
20 (1) Mitragynine
21 (2) 7-Hydroxy-mitragynine
22 * * *
23 Section 3. R.S. 40:964(Schedule III)(H) is hereby enacted to read as follows:
24 §964. Composition of schedules
25 Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
26 40:962, consist of the following drugs or other substances, by whatever official
27 name, common or usual name, chemical name, or brand name designated:
28 * * *
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HB NO. 452
1 SCHEDULE III
2 * * *
3 H. Miscellaneous. Unless specifically excepted or contained within a
4 pharmaceutical product approved by the United States Food and Drug
5 Administration, or unless listed in another schedule, any material, compound,
6 mixture, or preparation which contains any quantity of the following substances
7 including its salts, isomers, or salts of isomers, whenever the existence of such salts,
8 isomers, or salts of isomers is possible within the specific chemical designation:
9 (1) Mitragynine
10 (2) 7-Hydroxy-mitragynine
11 * * *
12 Section 4. R.S. 40:964(Schedule IV)(F) is 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 * * *
18 SCHEDULE IV
19 * * *
20 F. Miscellaneous. Unless specifically excepted or contained within a
21 pharmaceutical product approved by the United States Food and Drug
22 Administration, or unless listed in another schedule, any material, compound,
23 mixture, or preparation which contains any quantity of the following substances
24 including its salts, isomers, or salts of isomers, whenever the existence of such salts,
25 isomers, or salts of isomers is possible within the specific chemical designation:
26 (1) Mitragynine
27 (2) 7-Hydroxy-mitragynine
28 * * *
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HB NO. 452
1 Section 5. R.S. 40:964(Schedule V)(G) is hereby enacted to read as follows:
2 §964. Composition of schedules
3 Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
4 40:962, consist of the following drugs or other substances, by whatever official
5 name, common or usual name, chemical name, or brand name designated:
6 * * *
7 SCHEDULE V
8 * * *
9 G. Miscellaneous. Unless specifically excepted or contained within a
10 pharmaceutical product approved by the United States Food and Drug
11 Administration, or unless listed in another schedule, any material, compound,
12 mixture, or preparation which contains any quantity of the following substances
13 including its 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:
15 (1) Mitragynine
16 (2) 7-Hydroxy-mitragynine
17 Section 6. R.S. 40:989.3 is hereby repealed in its entirety.
18 Section 7.(A) The provisions of Section 1 of this Act shall become effective if and
19when the Drug Enforcement Administration of the United States classifies Mitragynine as
20a Schedule I Controlled Dangerous Substance.
21 (B) The provisions of Section 2 of this Act shall become effective if and when the
22Drug Enforcement Administration of the United States classifies Mitragynine as a Schedule
23II Controlled Dangerous Substance.
24 (C) The provisions of Section 3 of this Act shall become effective if and when the
25Drug Enforcement Administration of the United States classifies Mitragynine as a Schedule
26III Controlled Dangerous Substance.
27 (D) The provisions of Section 4 of this Act shall become effective if and when the
28Drug Enforcement Administration of the United States classifies Mitragynine as a Schedule
29IV Controlled Dangerous Substance.
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HB NO. 452
1 (E) The provisions of Section 5 of this Act shall become effective if and when the
2Drug Enforcement Administration of the United States classifies Mitragynine as a Schedule
3V Controlled Dangerous Substance.
4 Section 8. The provisions of Section 6 of this Act shall become effective if and when
5Section 1, 2, 3, 4, or 5 of this Act becomes effective.
6 Section 9. The provisions of this Section and Sections 7 and 8 of this Act shall
7become effective August 1, 2019.
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 452 Reengrossed 2019 Regular Session Turner
Abstract: Adds certain substances to the Uniform Controlled Dangerous Substances Law.
Present 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.
Proposed law adds two substances (including mitragynine) to the Uniform Controlled
Dangerous Substances Law, the schedule to which the substances will be added is dependent
upon the classification of the substances as a controlled dangerous substance by the Drug
Enforcement Administration of the U.S.
Present law provides for the crime of unlawful distribution of products containing Mitragyna
speciosa to a minor.
Proposed law repeals this provision of present law.
(Adds R.S. 40:964(Schedule I)(G), (Schedule II)(G), (Schedule III)(H), (Schedule IV)(F)
and (Schedule V)(G); Repeals R.S. 40:989.3)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Add two substances to the Uniform Controlled Dangerous Substances Law, the
schedule to which the substances will be added is dependent upon the
classification of the substances as a controlled dangerous substance by the Drug
Enforcement Administration of the U.S.
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