2023 Regular Session ENROLLED
SENATE BILL NO. 94
BY SENATOR KLEINPETER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To enact R.S. 14:91.10 and Chapter 5-G of Title 40, to be comprised of R.S. 40:1300.51
3 through 1300.53, and to repeal Act No. 231 of the 2019 Regular Session of the
4 Legislature, relative to the Uniform Controlled Dangerous Substances Law; to
5 provide relative to mitragynine speciosa; to prohibit the sale or distribution of
6 mitragynine speciosa to persons under the age of twenty-one; to provide relative to
7 local ordinances with respect to mitragynine speciosa; and to provide for related
8 matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:91.10 is hereby enacted to read as follows:
11 §91.10. Unlawful sale or distribution of mitragynine speciosa to persons under
12 age twenty-one; penalty
13 A. No person shall sell or distribute or cause to be sold or distributed a
14 product containing mitragynine speciosa to any person under the age of twenty-
15 one.
16 B. For purposes of this Section, "mitragynine speciosa"means a product
17 containing either or both of the following:
18 (a) Mitragynine.
19 (b) 7-Hydroxy-mitragynine.
20 C. Whoever violates the provisions of this Section shall be fined not more
21 than five hundred dollars, imprisoned for not more than six months, or both.
22 Section 2. Part VI of Chapter 5-G of Title 40, comprised of R.S. 40:1300.51 through
23 1300.53, is hereby enacted to read as follows:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 94 ENROLLED
1 PART VI. LOCAL OPTION FOR
2 CONTROL OF MITRAGYNINE SPECIOSA
3 §1300.51. Short title
4 This Part shall be known and may be cited as the "Local Option for
5 Mitragynine Speciosa".
6 §1300.52. Definitions
7 As used in this Part, the following terms have the following meanings
8 ascribed to them unless the context clearly indicates otherwise:
9 (1) "Local government" means a parish or municipality, as provided
10 pursuant to Article VI, Part I, Sections 1 and 2 of the Constitution of Louisiana.
11 (2) "Mitragynine speciosa" shall have the same meaning as defined in
12 R.S. 14:91.10.
13 §1300.53. Local government prohibition or regulation
14 Notwithstanding any other provision of law to the contrary, a local
15 government may enact an ordinance to prohibit the sale or distribution of
16 mitragynine speciosa products or to regulate the sale or distribution of
17 mitragynine speciosa products in a manner that is more restrictive than
18 provided for in R.S. 14:91.10.
19 Section 3. Act No. 231 of the 2019 Regular Session of the Legislature is hereby
20 repealed in its entirety.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.