HLS 20RS-426 REENGROSSED
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
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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,
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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)
11For purposes of this Subsection, possession of immediate precursors sufficient for the
12manufacture of phenylacetone, piperidine, or cyclohexanone shall be deemed to be
13possession of such a derivative substance.
14 * * *
15 SCHEDULE IV
16 * * *
17 B. Depressants. Unless specifically excepted or unless listed in another
18 schedule, any material, compound, mixture, or preparation containing any quantity
19 of the following substances, including its salts, isomers, and salts of isomers,
20 whenever the existence of such salts, isomers, and salts of isomers is possible within
21 the specific chemical designation:
22 * * *
23 (2.1) Brexanolone
24 * * *
25 (25.1) Lemborexant
26 * * *
27 D. Stimulants. Unless specifically excepted or unless listed in another
28 schedule, any material, compound, mixture, or preparation which contains any
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1 quantity of the following substances, including its salts, isomers, and salts of
2 isomers:
3 * * *
4 (14) Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol,
5 beta-amino-,carbamate (ester))
6 * * *
7 SCHEDULE V
8 * * *
9 D. Depressants. Unless specifically exempted or excluded or unless listed
10 in another schedule, any material, compound, mixture, or preparation which contains
11 any quantity of the following substances having a depressant effect on the central
12 nervous system, including its salts:
13 * * *
14 (5) Cenobamate (1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethylcarbamate)
15 (6) Lasmiditan (2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)
16 pyridine-2-yl-benzamide)
17 * * *
18 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
19renumber the substances in R.S. 40:964(Schedule I)(D), (Schedule IV)(B), and (Schedule
20V)(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 Reengrossed 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.
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HB NO. 89
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.
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.
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