Louisiana 2019 2019 Regular Session

Louisiana House Bill HB452 Enrolled / Bill

                    ENROLLED
2019 Regular Session
HOUSE BILL NO. 452
BY REPRESENTATIVE TURNER
1	AN ACT
2 To enact R.S. 40:964(Schedule I)(A)(62) through (67) and (C)(65) and (G), (Schedule
3 II)(G), (Schedule III)(H), (Schedule IV)(F), and (Schedule V)(G) and to repeal R.S.
4 40:989.3, relative to the Uniform Controlled Dangerous Substances Law; to add
5 certain substances to the Uniform Controlled Dangerous Substances Law; to repeal
6 the crime of unlawful distribution of products containing Mitragyna speciosa to a
7 minor; to provide for special effective dates; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 40:964(Schedule I)(A)(62) through (67) and (C)(65) and (G) are
10 hereby enacted to read as follows:
11 §964.  Composition of schedules
12	Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
13 40:962, consist of the following drugs or other substances, by whatever official
14 name, common or usual name, chemical name, or brand name designated:
15	SCHEDULE I
16	A.  Opiates.  Unless specifically excepted or unless listed in another schedule,
17 any of the following opiates, including their isomers, esters, ethers, salts, or salts of
18 isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers,
19 or salts is possible within the specific chemical designation:
20	*          *          *
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1	(62)  Methoxyacetylfentanyl (2-methoxy-N-[1-(2-phenylethyl)piperidin-4-
2 yl]-N-phenylacetamide)
3	(63)  Para-fluorobutyrylfentanyl (N-(4-fluorophenyl)-N-[1-(2-phenylethyl)
4 piperidin-4-yl]butanamide)
5	(64)  Tetrahydrofuranylfentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-
6 yl]tetrahydrofuran-2-carboxamide)
7	(65)  U-49900 (3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methyl-
8 benzamide)
9	(66)  U-51754 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methyl-
10 benzeneacetamide)
11	(67)  U-48800 (2,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methyl-
12 benzeneacetamide)
13	*          *          *
14	C.  Hallucinogenic substances.  Unless specifically excepted or unless listed
15 in another schedule, any material, compound, mixture, or preparation, which
16 contains any quantity of the following hallucinogenic substances, or which contains
17 any of their salts, isomers, or salts of isomers, whenever the existence of such salts,
18 isomers, or salts of isomers is possible within the specific chemical designation, for
19 purposes of this Paragraph only, the term "isomer" includes the optical, position, and
20 geometric isomers:
21	*          *          *
22	(65)  Deschloro-N-ethyl-ketamine (2-(ethylamino)-2-phenylcyclohexan-1-
23 one)
24	*          *          *
25	G.  Miscellaneous.  Unless specifically excepted or contained within a
26 pharmaceutical product approved by the United States Food and Drug
27 Administration, or unless listed in another schedule, any material, compound,
28 mixture, or preparation which contains any quantity of the following substances
29 including its salts, isomers, or salts of isomers, whenever the existence of such salts,
30 isomers, or salts of isomers is possible within the specific chemical designation:
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1	(1)  Mitragynine
2	(2)  7-Hydroxy-mitragynine
3	*          *          *
4 Section 2.  R.S. 40:964(Schedule II)(G) is hereby enacted to read as follows:
5 §964.  Composition of schedules
6	Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
7 40:962, consist of the following drugs or other substances, by whatever official
8 name, common or usual name, chemical name, or brand name designated:
9	*          *          *
10	SCHEDULE II
11	*          *          *
12	G.  Miscellaneous.  Unless specifically excepted or contained within a
13 pharmaceutical product approved by the United States Food and Drug
14 Administration, or unless listed in another schedule, any material, compound,
15 mixture, or preparation which contains any quantity of the following substances
16 including its salts, isomers, or salts of isomers, whenever the existence of such salts,
17 isomers, or salts of isomers is possible within the specific chemical designation:
18	(1)  Mitragynine
19	(2)  7-Hydroxy-mitragynine
20	*          *          *
21 Section 3.  R.S. 40:964(Schedule III)(H) is hereby enacted to read as follows:
22 §964.  Composition of schedules
23	Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
24 40:962, consist of the following drugs or other substances, by whatever official
25 name, common or usual name, chemical name, or brand name designated:
26	*          *          *
27	SCHEDULE III
28	*          *          *
29	H.  Miscellaneous.  Unless specifically excepted or contained within a
30 pharmaceutical product approved by the United States Food and Drug
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1 Administration, or unless listed in another schedule, any material, compound,
2 mixture, or preparation which contains any quantity of the following substances
3 including its salts, isomers, or salts of isomers, whenever the existence of such salts,
4 isomers, or salts of isomers is possible within the specific chemical designation:
5	(1)  Mitragynine
6	(2)  7-Hydroxy-mitragynine
7	*          *          *
8 Section 4.  R.S. 40:964(Schedule IV)(F) is hereby enacted to read as follows:
9 §964.  Composition of schedules
10	Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
11 40:962, consist of the following drugs or other substances, by whatever official
12 name, common or usual name, chemical name, or brand name designated:
13	*          *          *
14	SCHEDULE IV
15	*          *          *
16	F.  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
20 including its salts, isomers, or salts of isomers, whenever the existence of such salts,
21 isomers, or salts of isomers is possible within the specific chemical designation:
22	(1)  Mitragynine
23	(2)  7-Hydroxy-mitragynine
24	*          *          *
25 Section 5.  R.S. 40:964(Schedule V)(G) is hereby enacted to read as follows:
26 §964.  Composition of schedules
27	Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.
28 40:962, consist of the following drugs or other substances, by whatever official
29 name, common or usual name, chemical name, or brand name designated:
30	*          *          *
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1	SCHEDULE V
2	*          *          *
3	G.  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 Section 6.  R.S. 40:989.3 is hereby repealed in its entirety.
12 Section 7.(A)  The provisions of Section 1 of this Act shall become effective if and
13 when the Drug Enforcement Administration of the United States classifies Mitragynine as
14 a Schedule I Controlled Dangerous Substance. 
15 (B)   The provisions of Section 2 of this Act shall become effective if and when the
16 Drug Enforcement Administration of the United States classifies Mitragynine as a Schedule
17 II Controlled Dangerous Substance.
18 (C)  The provisions of Section 3 of this Act shall become effective if and when the
19 Drug Enforcement Administration of the United States classifies Mitragynine as a Schedule
20 III Controlled Dangerous Substance.
21 (D)  The provisions of Section 4 of this Act shall become effective if and when the
22 Drug Enforcement Administration of the United States classifies Mitragynine as a Schedule
23 IV Controlled Dangerous Substance.
24 (E)  The provisions of Section 5 of this Act shall become effective if and when the
25 Drug Enforcement Administration of the United States classifies Mitragynine as a Schedule
26 V Controlled Dangerous Substance.
27 Section 8.  The provisions of Section 6 of this Act shall become effective if and when
28 Section 1, 2, 3, 4, or 5 of this Act becomes effective.
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1 Section 9.  The provisions of this Section and Sections 7 and 8 of this Act shall
2 become effective August 1, 2019.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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