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ENROLLED

Regular Session, 2008

HOUSE BILL NO. 46

BY REPRESENTATIVE MILLS

1 AN ACT

2 To amend and reenact R.S. 40:964(Schedule I)(A), (B)(14), (C), (D)(1) and (2), and (E),

3 (Schedule II)(A)(1)(introductory paragraph) and (i) through (q), (B),

4 (C)(introductory paragraph) and (1) and (2), (D)(introductory paragraph) and (2)

5 through (4), and (E), and (Schedule III)(A)(introductory paragraph), (B), (D)(2), and

6 (E), and to enact R.S. 40:964(Schedule II)(A)(1)(r) and (6),(C)(3), (D)(5) and (6),

7 and (F) and (Schedule V)(A)(6), (C), and (D), and to repeal R.S. 40:964(Schedule

8 III)(A)(5), relative to the Controlled Dangerous Substances Law; to organize the

9 in Schedules I, II, III, and V to be consistent with the federal controlled

10 substances designations; and to provide for related matters.

11 Be it enacted by the Legislature of Louisiana:

12 Section 1. R.S. 40:964(Schedule I)(A), (B)(14), (C), (D)(1) and (2), and (E),

13 (Schedule II)(A)(1)(introductory paragraph) and (i) through (q), (B), (C)(introductory

14 paragraph) and (1) and (2), (D)(introductory paragraph) and (2) through (4), and (E), and

15 (Schedule III)(A)(introductory paragraph), (B), (D)(2), and (E) are hereby amended and

16 reenacted and R.S. 40:964(Schedule II)(A)(1)(r) and (6), (C)(3), (D)(5) and (6), and (F) and

17 (Schedule V)(A)(6), (C), and (D) are hereby enacted to read as follows:

18 §964. Composition of schedules

19 Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.

20 40:962, consist of the following drugs or other substances, by whatever official

21 name, common or usual name, chemical name, or brand name designated:

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1 SCHEDULE I

2 A. . Unless specifically excepted or unless listed in another schedule,

3 any of the following opiates, including their isomers, , ethers, salts, or salts of

4 isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers,

5 or salts is possible within the specific chemical designation:

6 *(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-

7 phenethyl)-4-piperidinyl]-N-phenylacetamide)

8 *(2) Acetylmethadol

9 *(3) Allylprodine

10 *(4) Alphameprodine Alphacetylmethadol (except levo-alphacetylmethadol,

11 also known as levomethadyl acetate, or LAAM)

12 *(5) Alphameprodine

13 *(6) Alphamethadol

14 *(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-

15 phenyl) ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-

16 propanilido) )

17 *(8) Betameprodine Alpha-methylthiofentanyl (N-[1-methyl-2-(2-

18 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide)

19 *(9) Benzethidine

20 *(10) Betaprodine Betacetylmethadol

21 *(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-

22 piperidinyl]-N-phenylpropanamide)

23 *(12) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-

24 phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide)

25 *(13) Betameprodine

26 *(14) Betamethadol

27 *(15) Betaprodine

28 *(16) Clonitazene

29 *(17) Dextromoramide

30 *(18) Diampromide

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1 *(19) Diethylthiambutene

2 *(20) Difenoxin

3 *(21) Dimenoxadol

4 *(22) Dimepheptanol

5 *(23) Dimethylthiambutene

6 *(24) Dioxaphetyl butyrate

7 *(25) Dipipanone

8 *(26) Ethylmethylthiambutene

9 *(27) Etonitazene

10 *(28) Levomoramide Etoxeridine

11 *(29) Furethidine

12 *(30) Hydroxypethidine

13 *(31) Ketobemidone

14 *(32) Levomoramide

15 *(33) Levophenacylmorphan

16 *(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-

17 piperidyl]-N-phenylpropanamide)

18 *(35) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-

19 piperidinyl]-N-phenylpropanamide)

20 *(36) Morpheridine

21 *(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine)

22 *(38) Noracymethadol

23 *(39) Norlevorphanol

24 *(40) Normethadone

25 *(41) Norpipanone

26 *(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-

27 4-piperidinyl] propanamide)

28 *(43) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperdine)

29 *(44) Phenadoxone

30 *(45) Phenampromide

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1 *(46) Phenomorphan

2 *(47) Phenoperidine

3 *(48) Piritramide

4 *(49) Proheptazine

5 *(50) Properidine

6 *(51) Propiram

7 *(52) Racemoramide

8 *(53) (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-

9 propanamide)

10 *(54)

11 *(55) Trimeperidine

12 B. derivatives. Unless specifically excepted or unless listed in

13 another schedule, any of the following opium derivatives, its salts, isomers, and salts

14 of isomers whenever the existence of such salts, isomers, and salts of isomers is

15 possible within the specific chemical designation:

16 * * *

17 *(14) Methylhydromorphine

18 * * *

19 C. Hallucinogenic substances. Unless specifically excepted or unless listed

20 in another schedule, any material, compound, mixture, or preparation, which

21 contains any quantity of the following hallucinogenic substances, or which contains

22 any of their salts, isomers, or salts of isomers, whenever the existence of such salts,

23 isomers, or salts of isomers is possible within the specific chemical designation, for

24 purposes of this Paragraph only, the term "isomer" includes the optical, position, and

25 geometric isomers:

26 (1) 3,4-methylenedioxy Alpha-ethyltryptamine

27 (2) 5-methoxy-3,4-methylenedioxy amphetamine 4-bromo-2,5-

28 dimethoxyamphetamine

29 (3) 3,4,5-trimethoxy amphetamine 4-bromo-2,5-dimethoxyphenethylamine

30 (4) Bufotenine 2,5-dimethoxyamphetamine

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1 (5) Diethyltryptamine 2,5-dimethoxy-4-ethylamphetamine

2 (6) Dimethyltryptamine 4-methoxyamphetamine

3 (7) 4-methyl-2,5-dimethoxyamphetamine5-methoxy-3,4-

4 methylenedioxyamphetamine

5 (8) 4-methyl-2,5-dimethoxyamphetamine

6 (9) Lysergic acid diethylamide 3,4-methylenedioxyamphetamine

7 (10) Mescaline 3,4-methylenedioxymethamphetamine (MDMA)

8 (11) Peyote 3,4-methylenedioxy-N-ethylamphetamine

9 (12) N-ethyl-3-piperidyl benzilate N-hydroxy-3,4-

10 methylenedioxyamphetamine

11 (13) N-methyl-3-piperidyl benzilate 3,4,5-trimethoxy amphetamine

12 (14) Psilocybin Bufotenine

13 (15) Psilocyn Diethyltryptamine

14 (16) 2,5-dimethoxyamphetamine Dimethyltryptamine

15 (17) 4-bromo-2,5-dimethoxyamphetamine Ibogaine

16 (18) 4-methoxyamphetamine Lysergic acid diethylamide

17 (19) 1-[1-(2-thienyl) cyclohexyl] piperidine Marihuana

18 (20) Cyclohexamine Mescaline

19 (21) 1-piperidinocyclohexanecarbonitrile Parahexyl, also known as Synhexyl

20 (22) Marijuana, , or chemical derivatives of

21 tetrahydrocannabinols Peyote

22 (23) 3,4-methylenedioxymethamphetamine (MDMA) N-ethyl-3-piperidyl

23 benzilate

24 (24) N-ethyl-3,4-methylenedioxyamphetamineN-methyl-3-piperidyl benzilate

25 (25) N-hydroxy methylenedioxyamphetamine Psilocybin

26 (26) Psilocyn

27 (27) Tetrahydrocannabinols, including synthetic equivalents and derivatives

28 (28) Ethylamine analog of

29 (29) Pyrrolidine analog of phencyclidine

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1 (30) Thiophene analog of phencyclidine

2 (31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine

3 D. Depressants. Unless specifically excepted or unless listed in another

4 schedule, any material, compound, mixture, or preparation which contains any

5 quantity of the following substances having a depressant effect on the central

6 nervous system, including its salts, isomers, and salts of isomers whenever the

7 existence of such salts, isomers, and salts of isomers is possible within the specific

8 chemical designation:

9 (1) Gamma-hydroxybutyric acid (GHB)

10 (2) Phencyclidine Mecloqualone

11 * * *

12 E. Stimulants. Unless specifically excepted or unless listed in another

13 schedule, any material, compound, mixture, or preparation which contains any

14 quantity of the following substances having a stimulant effect on the central nervous

15 system including its salts, isomers, and salts of isomers whenever the existence of

16 such salts, isomers, and salts of isomers is possible within the specific chemical

17 designation:

18 (1) N-ethylamphetamine Aminorex

19 (2) Fenethylline Cathinone

20 (3) Fenethylline

21 (4) Methcathinone

22 (5) (±)cis-4-methylaminorex

23 (6) N-ethylamphetamine

24 (7) N,N-dimethylamphetamine

25 SCHEDULE II

26 A. Substances of vegetable origin or chemical synthesis. Unless specifically

27 excepted or unless listed in another schedule, any of the following substances

28 whether produced directly or indirectly by extraction from substances of vegetable

29 origin, or independently by means of chemical synthesis, or by a combination of

30 extraction and chemical synthesis:

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1 (1) Opium and , and any salt, compound, isomer, derivative, or

2 preparation of opium or opiate, excluding and its salts, and excluding

3 and its salts apomorphine, -derived , dextrorphan,

4 , , naloxone, and naltrexone, and their respective salts, but

5 including the following:

6 * * *

7 (i)

8 (j) hydrochloride Ethylmorphine

9 (k) Etorphine hydrochloride

10 (l) – also commonly known as Dilaudid Hydrocodone

11 (m) Metopone Hydromorphone

12 (n)

13 (o) Morphine

14 (p) Oxycodone

15 (q) Thebaine Oxymorphone

16 (r) Thebaine

17 * * *

18 (6) Concentrate of (the crude extract of poppy straw in either

19 liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium

20 poppy).

21 B. Opiates. Unless specifically excepted or unless listed in another schedule,

22 any of the following opiates, including its isomers, esters, ethers, salts, and salts of

23 isomers, esters and, ethers, and salts is possible within the specific chemical

24 designation, dextrorphan and excepted:

25 (1) Alphaprodine

26 (2) Alphaprodine

27 (3) Anileridine

28 (4) Bezitramide

29 (5) Bulk (non-dosage forms)

30 (6)

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1 (7) Dihydrocodeine

2 (8) Diphenoxylate

3 (9) Fentanyl

4 (10) Isomethadone

5 (11) Levo-alphacetylmethadol

6 (12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl

7 Levomethorphan

8 (13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-

9 carboxylic acid Levorphanol

10 (14) Metazocine

11 (15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenyl-piperidine

12 Methadone

13 (16) Pethidine-Intermediate-B, ethyl-4--4-carboxylate

14 Methadone-intermediate, 4-cyano-2-dimethylamino-4,4-diphenylbutane

15 (17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic

16 acid Moramide-intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-

17 carboxylic acid

18 (18) Pethidine (meperidine)

19 (19) Pethidine-intermediate-A, 4-cyano-1-methyl-4-phenyl-

20 piperidine

21 (20) Racemethorphan Pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-

22 carboxylate

23 (21) Pethidine-intermediate-C, 1-methyl-4-phenylpiperidine-

24 4-carboxylic acid

25 (22) Phenazocine

26 (23) Piminodine

27 (24) Racemethorphan

28 (25) Racemorphan

29 (26)

30 (27) Sufentanil

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1 C. Stimulants. Unless specifically excepted or unless listed in another

2 schedule, any material, compound, mixture, or preparation which contains any

3 quantity of the following substances having a stimulant effect on the central nervous

4 system, including their salts, isomers and salts of isomers, whenever the existence

5 of such salts, isomers, and salts of isomers is possible within the specific chemical

6 designation:

7 (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers

8 (2) , its salts, isomers, and salts of its isomers

9 (3) Phenmetrazine and its salts

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 their its salts, isomers, or salts of isomers, or analogues

15 whenever the existence of such salts, isomers, and salts of isomers or analogues is

16 possible within the specific chemical designation:

17 * * *

18 (2) Gamma Hydroxybutyric Acid

19 (3) Gamma Butyrolactone

20 (4) 1,4-Butanediol

21 (5) Phencyclidine

22 (6)

23 E. Immediate precursors. Unless specifically excepted or unless listed in

24 another schedule, any material, compound, mixture, or preparation which contains

25 any quantity of the following substances, including their salts, isomers, and salts of

26 isomers, whenever the existence of such salts, isomers, and salts of isomers is

27 possible within the specific chemical designation:

28 (1) Immediate precursors to amphetamine and methamphetamine: (a)

29 phenylacetone and methylamine or (b) hydriodic acid, and ephedrine or

30 pseudoephedrine, if possessed with intent to manufacture methamphetamine.

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1 (2) Immediate precursors to phencyclidine (PCP) and 1 -

2 piperidinocyclohexanecarbonitrile (PCC):

3 (a) 1-phenylcyclohexylamine;

4 (b) piperidine and cyclohexanone, if possessed together, or a combination

5 product thereof, with intent to manufacture phencyclidine 1-

6 piperidinocyclohexanecarbonitrile (PCC).

7 (3) Immediate precursors to phenylacetone: phenylacetic acid and acetic

8 anhydride, if possessed together with intent to manufacture phenylacetone.

9 For purposes of this Subsection, possession of immediate precursors

10 sufficient for the manufacture of methylamine, phenylacetone, piperidine, or

11 cyclohexanone shall be deemed to be possession of such a derivative substance.

12 F. Hallucinogenic substances:

13 (1)

14 SCHEDULE III

15 A. Stimulants. Unless specifically excepted or unless listed in another

16 schedule, any material, compound, mixture, or preparation which contains any

17 quantity of the following substances having a stimulant effect on the central nervous

18 system, including their salts, isomers, or salts of isomers whenever the existence of

19 such salts, isomers, or salts of isomers is within the specific chemical designation:

20 * * *

21 B. Depressants. Unless specifically excepted or unless listed in another

22 schedule, any material, compound, mixture, or preparation which contains any

23 quantity of the following substances having a depressant effect on the central

24 nervous system:

25 (1) Any substance which contains any quantity of a derivative of barbituric

26 acid, or any salt of a derivative of barbituric acid, but not including butalbital when

27 in combination with at least three hundred twenty-five milligrams of acetaminophen

28 per dosage unit Any compound, mixture, or preparation containing:

29 (a) Amobarbital

30 (b) Secobarbital

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1 (c) Pentobarbital

2 or any salt thereof and one or more active medicinal ingredients which are not listed

3 in any schedule.

4 (2) Chlorexadol Any dosage form containing:

5 (a) Amobarbital

6 (b) Secobarbital

7 (c) Pentobarbital

8 or any salt of any of these drugs and approved by the federal Food and

9 Administration for marketing only as a suppository.

10 (3) Glutethimide Any substance which contains any quantity of a derivative

11 of barbituric acid, or any salt thereof, but not including butalbital when in

12 combination with at least three hundred twenty-five milligrams of acetaminophen

13 per dosage unit.

14 (4) Lysergic Acid Chlorhexadol

15 (5) Lysergic acid amide

16 (6) Any drug product containing gamma hydroxybutyric acid,

17 including its salts, isomers, and salts of isomers, which has been approved by the

18 federal Food and Drug Administration.

19 (7) Sulfondiethylmethane , its salts, isomers, and salts of isomers

20 (8) Sulfonethylmethane Lysergic acid

21 (9) Ketamine, including all salt forms Lysergic acid amide

22 (10) Methyprylon

23 (11) Sulfondiethylmethane

24 (12) Sulfonethylmethane

25 (13)

26 (14) and zolazepam or any salt thereof

27 * * *

28 D. Limited drugs. Unless specifically excepted or unless listed in

29 another schedule:

30 * * *

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1 (2) Any material, compound, mixture, or preparation containing any of the

2 following narcotic drugs or any their salts thereof including .

3 (a) Buprenorphine

4 E. Anabolic steroids and muscle building substances. Unless specifically

5 excepted or unless listed in another schedule, any material, compound, mixture, or

6 preparation, which contains containing any quantity of anabolic steroids, including

7 but not limited to the following substances, or material which contains any of their

8 including its salts, esters, ethers, isomers, or and salts of isomers whenever the

9 existence of such salts, esters, ethers, isomers, or and salts of isomers is possible

10 within the specific chemical designation. The term "anabolic steroid" means any

11 drug or hormonal substance, chemically and pharmacologically related to

12 testosterone, other than estrogens, progestins, and corticosteroids, and

13 that promote muscle growth and include the following:

14 (1) Boldenone 3$,17-dihydroxy-5a-androstane

15 (2) Clostebol (Chlortestosterone) 3",17$-dihydroxy-5a-androstane

16 (3) Dehydrochlormethyltestosterone 5"-androstan-3,17-dione

17 (4) Drostanolone 3$,17$-dihydroxy-5"-androst-1-ene

18 (5) Ethylestrenol 3",17$-dihydroxy-5"-androst-1-ene

19 (6) Fluoxymesterone 4-androstenediol

20 (7) Formebolone 5-androstenediol

21 (8) Mesterolone 1-androstenedione

22 (9) Methandienone (Methandrostenolone) 4-androstenedione

23 (10) Methandriol 5-androstenedione

24 (11) Methenolone Bolasterone

25 (12) Methyltestosterone Boldenone

26 (13) Mibolerone Calusterone

27 (14) Nandrolone Clostebol

28 (15) Northandrolone Dehydrochloromethyltestosterone

29 (16) Oxandrolone )1-dihydrotestosterone

30 (17) Oxymesterone 4-dihydrotestosterone

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1 (18) Oxymetholone Drostanolone

2 (19) Stanolone (Dihydrotestosterone) Ethylestrenol

3 (20) Stanozolol Fluoxymesterone

4 (21) Testolactone Formebolone

5 (22) Testosterone Furazebol

6 (23) Trenbolone 13$-ethyl-17"-hydroxygon-4-en-3-one

7 (24) 4-hydroxytestosterone

8 (25) 4-hydroxy-19-nortestosterone

9 (26) Mestanolone

10 (27) Mesterolone

11 (28) Methandienone

12 (29) Methandriol

13 (30) Methenolone

14 (31) 17"-methyl-3$,17$-dihydroxy-5a-androstane

15 (32) 17"-methyl-3",17$-dihydroxy-5a-androstane

16 (33) 17"-methyl-3$,17$-dihydroxyandrost-4-ene

17 (34) 17"-methyl-4-hydroxynandrolone

18 (35) Methyldienolone

19 (36) Methyltrienolone

20 (37) Methyltestosterone

21 (38) Mibolerone

22 (39) 17"-methyl-)1-dihydrotestosterone

23 (40) Nandrolone

24 (41) 3$,17$-dihydroxyestr-4-ene

25 (42) 3",17$-dihydroxyestr-4-ene

26 (43) 3$,17$-dihydroxyestr-5-ene

27 (44) 3",17$-dihydroxyestr-5-ene

28 (45) 19-nor-4-androstenedione

29 (46) 19-nor-5-androstenedione

30 (47) Norbolethone

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1 (48) Norclostebol

2 (49) Norethandrolone

3 (50) Normethandrolone

4 (51) Oxandrolone

5 (52) Oxymesterone

6 (53) Oxymetholone

7 (54) Stanozolol

8 (55) Stenbolone

9 (56) Testolactone

10 (57) Testosterone

11 (58) Tetrahydrogestrinone

12 (59) Trenbolone

13 * * *

14 SCHEDULE V

15 A. Narcotic drugs containing nonnarcotic active medicinal ingredients. Any

16 compound, mixture, or preparation containing any of the following limited quantities

17 of narcotic drugs or salts thereof, which shall include one or more nonnarcotic active

18 medicinal ingredients in sufficient proportion to confer upon the compound, mixture,

19 or preparation valuable medicinal qualities other than those possessed by the narcotic

20 drug alone:

21 * * *

22 (6) Not more than 0.5 milligrams of difenoxin and not less than 25

23 micrograms of sulfate per dosage unit.

24 * * *

25 C. Stimulants. Unless specifically exempted or excluded or unless listed in

26 another schedule, any material, compound, mixture, or preparation which contains

27 any quantity of the following substances having a stimulant effect on the central

28 nervous system, including its salts, isomers, and salts of isomers:

29 (1)

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1 D. Depressants. Unless specifically exempted or excluded or unless listed

2 in another schedule, any material, compound, mixture, or preparation which contains

3 any quantity of the following substances having a depressant effect on the central

4 nervous system, including its salts:

5 (1) Pregbalin

6 Section 2. R.S. 40:964(Schedule III)(A)(5) is hereby repealed in its entirety.

SPEAKER OF THE HOUSE OF REPRESENTATIVES

PRESIDENT OF THE SENATE

GOVERNOR OF THE STATE OF LOUISIANA

APPROVED:

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