HLS 23RS-2129 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 645 (Substitute for House Bill No. 106 by Representative Dustin
Miller)
BY REPRESENTATIVES DUSTIN MILLER AND WHEAT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTROLLED SUBSTANCES: Creates the crime of unlawful production, manufacturing,
distribution, or possession of Xylazine
1 AN ACT
2To enact R.S. 40:989.4, relative to the Uniform Controlled Dangerous Substances Law; to
3 create the crime of unlawful production, manufacturing, distribution, or possession
4 of Xylazine; to provide relative to criminal penalties; to provide relative to
5 exceptions; to provide for a definition; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:989.4 is hereby enacted to read as follows:
8 ยง989.4. Unlawful production, manufacturing, distribution, or possession of Xylazine
9 A.(1) It shall be unlawful for any person to knowingly or intentionally
10 produce, manufacture, distribute, or possess with intent to produce, manufacture, or
11 distribute Xylazine.
12 (2) Whoever violates the provisions of this Subsection shall be imprisoned,
13 with or without hard labor, for not less than one year nor more than ten years and,
14 in addition, may be required to pay a fine of not more than fifteen thousand dollars.
15 B.(1) It shall be unlawful for any person to knowingly or intentionally
16 possess Xylazine.
17 (2) Whoever violates the provisions of this Subsection shall be imprisoned
18 for not more than six months and, in addition, may be required to pay a fine of not
19 more than five hundred dollars.
20 C. The provisions of this Section shall not apply to the following:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-2129 ORIGINAL
HB NO. 645
1 (a) The production, manufacturing, distribution, or possession of Xylazine
2 in the course of a legitimate veterinary practice.
3 (b) The possession of Xylazine pursuant to a valid prescription from a
4 licensed veterinarian.
5 D. As used in this Section, "Xylazine" means Xylazine and any salt, sulfate,
6 isomer, homologue, analogue, or other preparation of Xylazine, and any salt, isomer,
7 compound, derivative, precursor, homologue, analogue, or other preparation thereof
8 that is substantially chemically equivalent or identical to Xylazine.
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 645 Original 2023 Regular Session Dustin Miller
Abstract: Creates the crime of unlawful production, manufacturing, distribution, or
possession of Xylazine.
Proposed law provides that it is unlawful for any person to knowingly or intentionally
produce, manufacture, distribute, or possess with intent to produce, manufacture, or
distribute Xylazine.
Proposed law provides that whoever violates proposed law shall be imprisoned, with or
without hard labor, for not less than one year nor more than 10 years and, in addition, may
be required to pay a fine of not more than $15,000.
Proposed law provides that it is unlawful for any person to knowingly or intentionally
possess Xylazine.
Proposed law provides that whoever violates proposed law shall be imprisoned for not more
than six months and, in addition, may be required to pay a fine of not more than $500.
Provides that the proposed law crime of unlawful production, manufacturing, distribution,
or possession of Xylazine shall not apply to the following:
(1)The production, manufacturing, distribution, or possession of Xylazine in the course
of a legitimate veterinary practice.
(2)The possession of Xylazine pursuant to a valid prescription from a licensed
veterinarian.
Proposed law defines "Xylazine" as Xylazine and any salt, sulfate, isomer, homologue,
analogue, or other preparation of Xylazine, and any salt, isomer, compound, derivative,
precursor, homologue, analogue, or other preparation thereof that is substantially chemically
equivalent or identical to Xylazine.
(Adds R.S. 40:989.4)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.