Louisiana 2023 2023 Regular Session

Louisiana Senate Bill SB94 Comm Sub / Analysis

                    RDCSB94 3356 3722
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)]
SB 94 Engrossed 2023 Regular Session	Kleinpeter
Present law provides for Mitragynine to be added to the Uniform Controlled Dangerous
Substances Law, the schedule to which such substance will be added is dependent upon the
classification of the substance as a controlled dangerous substance by the Drug Enforcement
Administration of the U.S. 
Proposed law repeals present law.
Proposed law creates the crime of unlawful sale or distribution of mitragynine speciosa to
persons under the age of 21 and provides that no person shall sell or distribute or cause to
be sold or distributed a product containing mitragynine speciosa to any person under the age
of 21.  
Proposed law further provides that "mitragynine speciosa" means a product containing either
or both of the following:
(1)Mitragynine
(2)7-Hydroxy-mitragynine
Whoever violates proposed law shall be fined not more than $500, imprisoned for not more
than six months, or both.
Proposed law creates the "Local Option for Mitragynine Speciosa".  Authorizes local
governments to enact ordinances to prohibit the sale or distribution of mitragynine speciosa
products or to regulate the sale or distribution of such products in a more restrictive manner
than proposed law (R.S. 14:91.10).
Effective August 1, 2023.
(Adds R.S. 14:91.10 and R.S. 40:1300.51-1300.53; Repeals Act No. 231 of the 2019 R.S.)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the engrossed bill:
1. Repeal Act No. 231 of the 2019 R.S. 
2. Create the crime of unlawful sale or distribution of mitragynine speciosa to
persons under 21 years of age and provide for penalties.
3. Authorize local governments to enact ordinances to prohibit the sale or
distribution of mitragynine speciosa products or to regulate the sale or
distribution of such products in a more restrictive manner than proposed law. 
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