HLS 20RS-426 ENGROSSED 2020 Regular Session HOUSE BILL NO. 89 BY REPRESENTATIVE JAMES DRUGS/CONTROLLED: Adds certain substances to the Uniform Controlled Dangerous Substances Law 1 AN ACT 2To amend and reenact R.S. 40:964(Schedule II)(A)(1)(introductory paragraph) and (E)(3) 3 and to enact R.S. 40:964(Schedule I)(A)(68) through (71), (D)(6) and (7), (Schedule 4 IV)(B)(2.1) and (25.1) and (D)(14), and (Schedule V)(D)(5) and (6), relative to the 5 Uniform Controlled Dangerous Substances Law; to add certain substances to 6 Schedules I, II, IV, and V; to provide relative to substances of vegetable origin or 7 chemical synthesis in Schedule II; and to provide for related matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 40:964(Schedule II)(A)(1)(introductory paragraph) and (E)(3) are 10hereby amended and reenacted and R.S. 40:964(Schedule I)(A)(68) through (71), (D)(6) and 11(7), (Schedule IV)(B)(2.1) and (25.1) and (D)(14), and (Schedule V)(D)(5) and (6) are 12hereby 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 SCHEDULE I 18 A. Opiates. Unless specifically excepted or unless listed in another schedule, 19 any of the following opiates, including their isomers, esters, ethers, salts, or salts of Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-426 ENGROSSED HB NO. 89 1 isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, 2 or salts is possible within the specific chemical designation: 3 * * * 4 (68) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide) 5 (69) 4-Fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1- 6 phenethylpiperidin-4-yl)isobutyramide) 7 (70) MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) 8 (71) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4- 9 yl) acetamide) 10 * * * 11 D. Depressants. Unless specifically excepted or unless listed in another 12 schedule, any material, compound, mixture, or preparation which contains any 13 quantity of the following substances having a depressant effect on the central 14 nervous system, including its salts, isomers, and salts of isomers whenever the 15 existence of such salts, isomers, and salts of isomers is possible within the specific 16 chemical designation: 17 * * * 18 (6) Clonazolam 19 (7) Flualprazolam 20 * * * 21 SCHEDULE II 22 A. Substances of vegetable origin or chemical synthesis. Unless specifically 23 excepted or unless listed in another schedule, any of the following substances 24 whether produced directly or indirectly by extraction from substances of vegetable 25 origin, or independently by means of chemical synthesis, or by a combination of 26 extraction and chemical synthesis: 27 (1) Opium and opiate, and any salt, compound, isomer, derivative, or 28 preparation of opium or opiate, excluding apomorphine, thebaine-derived 29 butorphanol, dextrorphan, nalbuphine, naldemedine, nalmefene, naloxegol, Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-426 ENGROSSED HB NO. 89 1 naloxone, 6â-naltrexol, and naltrexone, and their respective salts, but including the 2 following: 3 * * * 4 E. Immediate precursors. Unless specifically excepted or unless listed in 5 another schedule, any material, compound, mixture, or preparation which contains 6 any quantity of the following substances: 7 * * * 8 (3) Immediate precursor to fentanyl: 9 (a) 4-anilino-N-phenethyl-4-piperidine (ANPP) 10 (b) Norfentanyl (N-phenyl-N-(piperidin-4-yl)propionamide 11 * * * 12 SCHEDULE IV 13 * * * 14 B. Depressants. Unless specifically excepted or unless listed in another 15 schedule, any material, compound, mixture, or preparation containing any quantity 16 of the following substances, including its salts, isomers, and salts of isomers, 17 whenever the existence of such salts, isomers, and salts of isomers is possible within 18 the specific chemical designation: 19 * * * 20 (2.1) Brexanolone 21 * * * 22 (25.1) Lemborexant 23 * * * 24 D. Stimulants. Unless specifically excepted or unless listed in another 25 schedule, any material, compound, mixture, or preparation which contains any 26 quantity of the following substances, including its salts, isomers, and salts of 27 isomers: 28 * * * Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-426 ENGROSSED HB NO. 89 1 (14) Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, 2 beta-amino-,carbamate (ester)) 3 * * * 4 SCHEDULE V 5 * * * 6 D. Depressants. Unless specifically exempted or excluded or unless listed 7 in another schedule, any material, compound, mixture, or preparation which contains 8 any quantity of the following substances having a depressant effect on the central 9 nervous system, including its salts: 10 * * * 11 (5) Cenobamate (1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethylcarbamate) 12 (6) Lasmiditan (2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl) 13 pyridine-2-yl-benzamide) 14 * * * 15 Section 2. The Louisiana State Law Institute is hereby authorized and directed to 16renumber the substances in R.S. 40:964(Schedule I)(D), (Schedule IV)(B), and (Schedule 17V)(D) to ensure that such substances are in alphabetical order. 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 89 Engrossed 2020 Regular Session James Abstract: Adds certain substances to Schedules I, II, IV, and V of 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 retains present law. Proposed law adds Butyryl fentanyl, 4-Fluoroisobutyryl fentanyl, MT-45, Ocfentanil, Clonazolam, and Flualprazolam to Schedule I. Proposed law removes isomers of opium and opiates from Schedule II substances of vegetable origin or chemical synthesis and adds 6â-naltrexol as a Schedule II substance of vegetable origin or chemical synthesis. Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-426 ENGROSSED HB NO. 89 Proposed law adds Norfentanyl to Schedule II. Proposed law adds Brexanolone, Lemborexant, and Solriamfetol to Schedule IV. Proposed law adds Cenobamate and Lasmiditan to Schedule V. (Amends R.S. 40:964(Schedule II)(A)(1)(intro. para.) and (E)(3); Adds R.S. 40:964(Schedule I)(A)(68-71), (D)(6) and (7), (Schedule IV)(B)(2.1) and (25.1) and (D)(14), and (Schedule V)(D)(5) and (6)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill: 1. Add Butyryl fentanyl, 4-Fluoroisobutyryl fentanyl, MT-45, and Ocfentanil to Schedule I. 2. Remove isomers of opium and opiates from Schedule II substances of vegetable origin or chemical synthesis and add 6â-naltrexol as a Schedule II substance of vegetable origin or chemical synthesis. 3. Add Norfentanyl to Schedule II. 4. Add Brexanolone and Lemborexant to Schedule IV. 5. Add Cenobamate and Lasmiditan to Schedule V. Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions.