reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:969. Prohibited acts--Schedule IV; penalties

RS 40:969 - Prohibited acts--Schedule IV; penalties
A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:
(1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distribute, or dispense, a controlled dangerous substance classified in Schedule IV.
(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule IV.
B. Violations of Subsection A. Any person who violates Subsection A of this Section with respect to:
(1) Flunitrazepam shall be sentenced to a term of imprisonment at hard labor for not less than one year nor more than twenty years and pay a fine of not more than fifty thousand dollars.
(2) Any other controlled dangerous substance classified in Schedule IV, except flunitrazepam, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than one year nor more than ten years and, in addition, may be sentenced to pay a fine of not more than fifteen thousand dollars.
C. Possession. It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule IV unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, or as provided in R.S. 40:978, while acting in the course of his professional practice or except as otherwise authorized by this Part. Any person who violates this Subsection with respect to:
(1) Flunitrazepam shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years, and may, in addition, be required to pay a fine of not more than five thousand dollars.
(2) Any other controlled dangerous substance shall be imprisoned with or without hard labor for not less than one year nor more than five years and, in addition, may be required to pay a fine of not more than five thousand dollars.
D. Whoever, with the intent to commit a crime of violence as defined in R.S. 14:2(B)(10) against an individual, violates Subsection A of this Section by administering a controlled dangerous substance to a person who is unaware that the controlled dangerous substance has been or is being administered to him, shall be sentenced to a term of imprisonment at hard labor for not less than five years nor more than forty years and may be fined not more than one hundred thousand dollars.
Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §6; Acts 1997, No. 1191, §1; Acts 2005, No. 14, §1; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:970. Prohibited acts--Schedule V; penalties

RS 40:970 - Prohibited acts--Schedule V; penalties
A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:
(1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distribute, or dispense, a controlled dangerous substance classified in Schedule V.
(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule V.
B. Violations of Subsection A. Any person who violates Subsection A of this Section with respect to any controlled dangerous substance classified in Schedule V shall be sentenced to a term of imprisonment, with or without hard labor, for not less than one year nor more than five years and, in addition, may be sentenced to pay a fine of not more than five thousand dollars.
C. Possession. It is unlawful for any person unknowingly or intentionally to possess a controlled dangerous substance classified in Schedule V unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, or as provided in R.S. 40:978, while acting in the course of his professional practice or except as otherwise authorized by this Part. Any person who violates this Subsection shall be imprisoned with or without hard labor for not less than one year nor more than five years and, in addition, may be required to pay a fine of not more than five thousand dollars.
Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §7; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:971.1. Prohibited acts; false representation

RS 40:971.1 - Prohibited acts; false representation
A. It shall be unlawful for any person to produce, manufacture, distribute, dispense, transport, deliver, or possess with intent to distribute or dispense any substance which is represented to be a controlled dangerous substance and which is an imitation controlled dangerous substance, or any controlled dangerous substance which is a counterfeit controlled dangerous substance.
B. The provisions of this Section shall not apply to a law enforcement officer acting in the course and scope of his employment or to a medical practitioner, pharmacist, or other person authorized to dispense or administer controlled dangerous substances pursuant to this Part.
C. Any person who violates the provisions of this Section shall be imprisoned with or without hard labor for not more than five years, and in addition may be fined not more than five thousand dollars.
Added by Acts 1981, No. 914, §1. Acts 1993, No. 154, §1; Acts 1994, 3rd Ex. Sess., No. 34, §1; Acts 2010, No. 530, §1; Acts 2011, No. 100, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:971.2. Unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances

RS 40:971.2 - Unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances
A. This Section shall be known as and may be cited as the "Pain Management Clinic Drug Abuse and Overdose Prevention Act".
B. It shall be unlawful for a physician, other licensed health care practitioner as defined in R.S. 40:961(31), or any other person to knowingly or intentionally commit any of the following acts:
(1) Assist a patient or any other person in obtaining a controlled dangerous substance through misrepresentation, fraud, forgery, deception, or subterfuge.
(2) Write a prescription for a controlled dangerous substance for a fictitious person.
(3) Distribute or dispense a controlled dangerous substance to a fictitious person.
(4) Operate any type of business or establishment where the primary purpose of the business or establishment is the sale, exchange, barter, or trade of a controlled dangerous substance for anything of value through misrepresentation, fraud, forgery, deception, or subterfuge.
C. Whoever violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than five years, and in addition may be sentenced to pay a fine of not more than fifty thousand dollars.
Acts 2005, No. 25, §1; Acts 2006, No. 51, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:971.3. Misbranding or adulteration of drugs with intent to defraud or mislead

RS 40:971.3 - Misbranding or adulteration of drugs with intent to defraud or mislead
Any person who violates the provisions of R.S. 40:617 or 636 with respect to any drug, as defined in R.S. 40:602, and with the intent to defraud or mislead shall be imprisoned, with or without hard labor, for not more than five years, or fined not more than ten thousand dollars, or both.
Acts 2017, No. 108, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:972. Rules and regulations and fees

RS 40:972 - Rules and regulations and fees
A. The Louisiana Board of Pharmacy is authorized to promulgate rules and regulations relating to the registration and control of the manufacture, distribution, and dispensing of controlled dangerous substances within this state.
B. The fees collected by the Louisiana Board of Pharmacy for registration and licensing shall not exceed the following schedule:
Minimum
(1) Manufacturer $ 100.00
(2) Ambulatory surgical centers $ 50.00
(3) Emergency medical centers $ 50.00
(4) Hospital $ 50.00
(5) Methadone clinic $ 50.00
(6) Wholesaler/Distributor $ 50.00
(7) Third-party logistics provider $ 50.00
(8) Practitioner $ 20.00
(9) Intern/Resident $ 20.00
(10) Drug Detection/Canine $ 30.00
(11) Researcher $ 30.00
(12) Sales representative (or medical service representative
or detail person) $ 20.00
(13) Other (schools, laboratories, crime laboratories, coroners,
ambulance services, analytical laboratories, etc.) $ 20.00
(14) Duplicate/Replacement fee $ 5.00
(15) Delinquent fee
(30 days after expiration/assessed per year) $ 10.00
C. All said fees collected in accordance with the provisions of this Chapter shall be deposited in a separate fund and used for the administration and enforcement of this Part, and for education and research as provided by R.S. 40:992, together with any supplemental funds appropriated by the legislature or federal funds or grants received.
Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 186, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:974. Licensing

RS 40:974 - Licensing
A. The Louisiana Board of Pharmacy shall license an applicant to manufacture or distribute controlled dangerous substances included in Schedules I through V of R.S. 40:964 at such fees as it shall determine to be reasonable, unless it determines that the issuance of such license is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
(1) Maintenance of effective controls against diversion of particular controlled dangerous substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels.
(2) Compliance with applicable state and local law.
(3) Prior conviction record of applicant under federal or state laws relating to the manufacture, distribution, or dispensing of such substances.
(4) Past experience in the manufacture of controlled dangerous substances, and the existence in the establishment of effective controls against diversion.
(5) Such other factors as are relevant to and consistent with the public health and safety.
B. Licenses granted under Subsection A of this Section shall not entitle a licensee to manufacture and distribute controlled dangerous substances in Schedule I or II other than those specified in the license.
C. A license application by a practitioner who wishes to conduct research with a controlled substance shall be referred to the Louisiana Board of Pharmacy. Licensing by the Louisiana Board of Pharmacy for the purpose of bona fide research with a controlled dangerous substance by a practitioner deemed qualified by the board may be denied only on a ground specified in R.S. 40:975(A) or on the ground that the applicant's past practice or proposed procedures furnish grounds for the belief that the applicant will abuse or unlawfully transfer such substances from legitimate medical or scientific use.
Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:976. Records of licensees

RS 40:976 - Records of licensees
Each licensee manufacturing, distributing, or dispensing controlled dangerous substances in Schedule I, II, III, IV, or V shall make a complete and accurate record of all stocks of such dangerous substances on hand. Thereafter, complete and accurate records of all such dangerous substances shall be maintained until the next inventory is made for the next two-year period as required by this Section. At each two-year period after July 29, 1970, at the time of his regular physical inventory, each licensee manufacturing, distributing, or dispensing controlled dangerous substances shall prepare an inventory of each dangerous substance in his possession. Records and inventories shall contain such information as shall be provided by rules and regulations promulgated by the Louisiana Board of Pharmacy. This Section shall not apply to practitioners who lawfully prescribe or administer, but do not otherwise dispense, controlled dangerous substances listed in Schedule I, II, III, IV, or V of this Part.
Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:977. Order forms

RS 40:977 - Order forms
Controlled dangerous substances in Schedules I and II shall be distributed only pursuant to an order form.
Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:978.2.1. Reporting of opioid-related overdoses

RS 40:978.2.1 - Reporting of opioid-related overdoses
A. For purposes of this Section, the following definitions apply:
(1) "First responders" means the first arriving organized responders with the capability and mission to contain, mitigate, and resolve the emergency at hand such as but not limited to ambulance services, emergency medical service providers, or law enforcement.
(2) "Opioid-related drug overdose" means a fatal or nonfatal condition including extreme physical illness, decreased level of consciousness, respiratory depression, coma, or the ceasing of respiratory or circulatory function resulting from the consumption or use of an opioid, or another substance with which an opioid was combined.
B. First responders may provide reports or documents to the Louisiana Department of Health, office of public health, related to dispatches where an encountered individual was experiencing an opioid-related drug overdose and whether naloxone was administered. The office of public health shall treat any such reports or documents as confidential and such documents shall not be subject to release pursuant to a public records request or subpoena to the Louisiana Department of Health or the office of public health.
Acts 2019, No. 423, §1, eff. June 20, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:978.3. Continuing education for the prescribing of controlled substances

RS 40:978.3 - Continuing education for the prescribing of controlled substances
A. The continuing education requirement established in this Section shall apply to all practitioners with prescriptive authority in Louisiana that have a controlled dangerous substance license in Louisiana.
B. Each licensing board that regulates practitioners with prescriptive authority in Louisiana shall establish continuing education requirements as a prerequisite to license renewal. Each board shall develop continuing education criteria, to include drug diversion training, best practice prescribing of controlled substances, appropriate treatment for addiction, and any other matters regarding the prescribing of controlled dangerous substances that are deemed appropriate by the board. Rules and regulations to implement this Section shall be promulgated in accordance with the Administrative Procedure Act. Such rules shall include all of the following:
(1) Each practitioner with prescriptive authority in Louisiana who holds a controlled dangerous substance license shall obtain three credit hours of continuing education as a prerequisite to license renewal with his professional licensing board. Successful completion of this requirement once shall satisfy the requirement in full.
(2) A practitioner with prescriptive authority in Louisiana who has a controlled dangerous substance license shall be exempt from the continuing education requirements for license renewal established in this Section if he completes and submits to his licensing board a certification form developed by his licensing board attesting that he has not prescribed, administered, or dispensed a controlled dangerous substance during the entire applicable reporting period. The licensing board shall verify the attestation of the prescriber through the prescription monitoring program established in R.S. 40:1001 et seq.
C. The licensing board shall provide its members with information on how to access the continuing education courses as required by this Section and shall retain annual compliance documentation that shall be submitted to the Senate and House committees on health and welfare to demonstrate aggregate prescriber compliance. No license shall be renewed for an individual who fails to comply with the provisions of this Section.
D. The continuing education hours required by this Section shall be considered among the credit hours required of the prescriber by the licensing board on and after August 1, 2017, and shall not be considered an additional requirement to be met by a prescriber.
E. The provisions of this Section shall not apply to individuals licensed by the Louisiana Board of Veterinary Medicine.
Acts 2017, No. 76, §2, eff. Jan. 1, 2018; Acts 2018, No. 206, §4; Acts 2018, No. 219, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:979. Attempt and conspiracy

RS 40:979 - Attempt and conspiracy
Any person who attempts or conspires to commit any offense set forth in the provisions of this Part shall, upon conviction, be fined or imprisoned in the same manner as for the offense planned or attempted, but such fine or imprisonment shall not exceed one-half of the longest term of imprisonment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 632, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2018, No. 199, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:980. Additional penalties

RS 40:980 - Additional penalties
Any penalty imposed for violation of this Part shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
Added by Acts 1972, No. 634, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:981. Distribution to persons under age eighteen

RS 40:981 - Distribution to persons under age eighteen
A. Any person who is at least twenty-five years of age, or more, who violates R.S. 40:966 or 967 by distributing a substance, listed in Schedule I or II that is a narcotic drug, to a person under eighteen years of age, shall, upon conviction, be punished by imprisonment at hard labor for not less than ten nor more than thirty years.
B. Any person who is at least eighteen years of age who violates R.S. 40:966 or 967 by distributing a substance listed in Schedule I or II that is a narcotic drug to a person under eighteen years of age who is at least three years his junior shall, upon conviction, be punished by a term of imprisonment of not less than five nor more than thirty years.
C. Any person who is at least eighteen years of age who violates R.S. 40:966 through 970 by distributing any other controlled dangerous substance listed in Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least three years his junior shall, upon conviction, be punished by a term of imprisonment up to one and one-half times the longest term of imprisonment authorized by R.S. 40:966 through 970 or by payment of not more than twice the fine authorized by R.S. 40:966 through 970, or both.
Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §9; Acts 2001, No. 403, §4, eff. June 15, 2001.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:981.1. Distribution to a student

RS 40:981.1 - Distribution to a student
Any person who violates any provision of R.S. 40:966 through 970 by distributing any controlled dangerous substance listed in Schedules I, II, III, IV, and V to any student enrolled in any public or private elementary, secondary, vocational-technical training, special, or postsecondary school or institution in Louisiana shall, upon conviction, be punished by a term of imprisonment of not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970 or by payment of not more than twice the fine authorized by the applicable provisions of R.S. 40:966 through 970, or both.
Acts 1986, No. 1051, §1; Acts 2001, No. 403, §4, eff. June 15, 2001.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:981.2. Soliciting minors to produce, manufacture, distribute, or dispense controlled dangerous substances

RS 40:981.2 - Soliciting minors to produce, manufacture, distribute, or dispense controlled dangerous substances
A. No person eighteen years of age or older shall solicit, procure, or counsel any person under eighteen years of age to produce, manufacture, distribute, or dispense or possess with the intent to produce, manufacture, distribute, or dispense, in violation of any provision of R.S. 40:966 through R.S. 40:970, any controlled dangerous substance listed in Schedules I, II, III, IV, or V, or to distribute or attempt to distribute, in violation of R.S. 40:989, a chemical substance commonly known as "rush".
B. Except as provided in Subsection C of this Section, any person who violates the provisions of this Section shall upon conviction be punished by a term of imprisonment of not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970, or by a fine of not more than twice that authorized by such applicable provisions, or both.
C. Any person eighteen years of age or older who violates the provisions of this Section by soliciting, procuring, or counseling a person under eighteen years of age to distribute or to attempt to distribute cocaine, oxycodone, heroin, methamphetamine, or methadone in violation of R.S. 40:967(A) or (B) shall be sentenced to a term of imprisonment at hard labor for not less than ten nor more than thirty years, at least ten years of which shall be served without benefit of parole, probation, or suspension of sentence.
Acts 1988, No. 885, §1; Acts 1989, No. 372, §1; Acts 1991, No. 837, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2005, No. 337, §1; Acts 2006, No. 68, §1; Acts 2012, No. 616, §1, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:982. Second or subsequent offenses

RS 40:982 - Second or subsequent offenses
A. Any person convicted of any offense under this Part, if the offense is a second or subsequent offense, shall be sentenced to a term of imprisonment that is twice that otherwise authorized or to payment of a fine that is twice that otherwise authorized, or both. If the conviction is for an offense punishable under R.S. 40:966(B), 967(B), 968(B), or 969(B), and if it is the offender's second or subsequent offense, the court may impose, in addition to any term of imprisonment and fine, twice the special parole term otherwise authorized.
B. For purposes of this Section, an offense shall be considered a second or subsequent offense if, prior to the commission of such offense, the offender had at any time been convicted of any violation of this state, the United States, any other state of or any foreign country, relating to the unlawful use, possession, production, manufacturing, distribution, or dispensation of any narcotic drug, marijuana, depressant, stimulant, or hallucinogenic drugs.
Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §10; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:983.1. Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance on or within one thousand feet of school property

RS 40:983.1 - Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance on or within one thousand feet of school property
A. Any person who creates or operates a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance in violation of the provisions of R.S. 40:983 while on any property used for school purposes by any school or within one thousand feet of any such property shall, upon conviction, be punished in accordance with Subsection D of this Section.
B. Lack of knowledge that the prohibited act occurred on or within one thousand feet of school property shall not be a defense.
C. For purposes of this Section:
(1) "School" means any public or private elementary, secondary, vocational-technical school, or any public or private college or university in Louisiana.
(2) "School property" means all property used for school purposes, including but not limited to school playgrounds, as well as any building or area owned by the state or by a political subdivision and used or operated as a playground or recreational facility and all parks and recreational areas administered by the office of state parks.
D. Whoever violates the provisions of this Section shall be imprisoned at hard labor for not less than five nor more than fifteen years; and may, in addition, be sentenced to pay a fine of not more than twenty-five thousand dollars. At least three years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
E. The sentence imposed pursuant to the provisions of this Section shall be served consecutively with the sentence imposed pursuant to the provisions of R.S. 40:983.
Acts 2004, No. 875, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:984. Powers of enforcement personnel

RS 40:984 - Powers of enforcement personnel
The Louisiana Board of Pharmacy's authorized employees may:
(1) Carry firearms.
(2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state.
(3) Make arrests without warrant for any offense under this Part on the same basis as provided in Code of Criminal Procedure Article 213.
(4) Make seizures of property pursuant to the authority granted under the provisions of this Part.
Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:985. Search warrants

RS 40:985 - Search warrants
A search warrant relating to offenses involving controlled dangerous substances may be authorized to be served at any time of the day or night if the judge or magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant.
Added by Acts 1972, No. 634, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:987. Injunctions

RS 40:987 - Injunctions
Any district court of this state shall have jurisdiction in proceedings in accordance with the rules of such courts to enjoin violations of this Part and in accordance with the Code of Civil Procedure and other laws of this state.
Added by Acts 1972, No. 634, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:989. Dangerous chemical substances; butyl nitrite, nitrous oxide, and amyl nitrite; use and transference; penalties

RS 40:989 - Dangerous chemical substances; butyl nitrite, nitrous oxide, and amyl nitrite; use and transference; penalties
A.(1) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, or chemical which contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.
(2) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, or chemical which contains nitrous oxide, commonly known as "laughing gas" and any amyl nitrite, commonly known as "poppers" or "snappers".
(3) The provisions hereof do not apply to the possession and use of these substances prescribed as part of the care or treatment of a disease, condition, or injury by a licensed medical or dental practitioner or to the use as part of a manufacturing process or industrial operation.
(4) The provisions of this Section do not apply to the possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or houseware products.
B. It shall be unlawful for any person to possess, buy, sell, or otherwise transfer any substance specified in Subsection A of this Section for the purpose of inducing or aiding any other person to inhale or ingest such substance or otherwise violate the provisions of Subsection A.
C. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
D. Any person who violates any of the provisions of this Section may, in the discretion of the trial judge, be required to participate in an approved drug rehabilitation program, as a condition of probation.
Acts 1988, No. 777, §1, eff. July 18, 1988; Acts 1992, No. 933, §1, eff. July 9, 1992; Acts 1993, No. 500, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:989.3. Unlawful distribution of products containing Mitragyna speciosa to minors; penalties

RS 40:989.3 - Unlawful distribution of products containing Mitragyna speciosa to minors; penalties
A. It shall be unlawful for any person to distribute any product containing Mitragyna speciosa to a minor.
B. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Acts 2012, No. 355, §1, eff. May 31, 2012; Acts 2019, No. 231, §§6 and 8; Acts 2023, No. 416, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:989.4. Unlawful production, manufacturing, distribution, or possession of Xylazine

RS 40:989.4 - Unlawful production, manufacturing, distribution, or possession of Xylazine
A.(1) It shall be unlawful for any person to knowingly or intentionally produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute Xylazine.
(2) Whoever violates the provisions of this Subsection shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years and, in addition, may be required to pay a fine of not more than fifteen thousand dollars.
B.(1) It shall be unlawful for any person to knowingly or intentionally possess Xylazine.
(2) Whoever violates the provisions of this Subsection shall be imprisoned for not more than six months and, in addition, may be required to pay a fine of not more than five hundred dollars.
C. The provisions of this Section 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 production, manufacturing, distribution, or possession of a Xylazine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian.
(3) The possession of Xylazine pursuant to a valid prescription from a licensed veterinarian.
D. As used in this Section, "Xylazine" means 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.
Acts 2023, No. 183, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:990. Burden of proof; liabilities

RS 40:990 - Burden of proof; liabilities
A. It shall not be necessary for the state to negate any exemption or exception set forth in this Part in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this Part, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit.
B. In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this Part, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.
C. No liability shall be imposed by virtue of this Part upon any duly authorized law enforcement officer, the Louisiana Board of Pharmacy or its employees as provided in R.S. 40:984 engaged in the enforcement of any law, regulation, or municipal ordinance relating to controlled dangerous substances.
Added by Acts 1972, No. 634, §1; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:991. Prescription for controlled dangerous substances; proof of valid prescription; time period for raising defense; notice to prosecution

RS 40:991 - Prescription for controlled dangerous substances; proof of valid prescription; time period for raising defense; notice to prosecution
A. An individual who claims possession of a valid prescription for any controlled dangerous substance as a defense to a violation of the provisions of the Uniform Controlled Dangerous Substances Law shall have the obligation to produce sufficient proof of a valid prescription to the appropriate prosecuting office. Production of the original prescription bottle with the defendant's name, the pharmacist's name, and prescription number shall be sufficient proof of a valid prescription as provided for in this Section.
B. As used in this Section, "controlled dangerous substance" shall have the same meaning as provided in R.S. 40:961 and "prescription" shall have the same meaning as provided in R.S. 40:961.
C. Any individual who claims the defense of a valid prescription for any controlled dangerous substance shall raise this defense before commencement of the trial through a motion to quash.
Acts 2009, No. 265, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:993. Pending proceedings

RS 40:993 - Pending proceedings
A. Prosecutions for any violation of law occurring prior to July 26, 1972, shall not be affected by this Part or abated by reason thereof.
B. Civil seizures, forfeitures, and injunctive proceedings commenced prior to July 26, 1972, shall not be affected by this Part or abated by reason thereof.
C. All administrative proceedings pending before the department on July 26, 1972 shall be continued and brought to final determination in accordance with laws and regulations in effect prior to July 26, 1972. Such drugs placed under control prior to enactment of this Part, which are not listed within Schedules I through V, shall automatically be controlled and listed in the appropriate schedule.
D. The provisions of this Part shall be applicable to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings, and investigations which occur following July 26, 1972.
Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:994. Continuation of regulations

RS 40:994 - Continuation of regulations
Any orders, rules, and regulations which have been promulgated under any law affected by this Part, and which are in effect on the day preceding enactment of this Section, shall continue in effect until modified, superseded, or repealed.
Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 649, §1; Acts 2006, No. 834, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:996.2. Definitions

RS 40:996.2 - Definitions
For the purposes of R.S. 40:996.1 through 996.7, the following terms shall have the following meanings:
(1) "Dangerous substance" means a substance which is not otherwise listed as a controlled dangerous substance and has been determined to be an imminent hazard to the public health, safety, and welfare by the secretary using the criteria and standards prescribed in R.S. 40:996.3.
(2) "Dangerous substance stop order" is a rule adopted by the Louisiana Department of Health pursuant to the provisions of R.S. 40:996.3 and 996.4, declaring that a substance is a dangerous substance which shall not be sold, distributed, manufactured, or dispensed.
Acts 2012, No. 347, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:996.3. Declaration of a dangerous substance of the Louisiana Department of Health

RS 40:996.3 - Declaration of a dangerous substance of the Louisiana Department of Health
A. The secretary may by rule declare that a substance is a dangerous substance. In making a finding that a substance is a dangerous substance, the secretary shall consider the following factors with respect to each substance:
(1) Its actual or relative potential for abuse.
(2) Scientific evidence of its pharmacological effect, if known.
(3) State of current scientific knowledge regarding the substance.
(4) Its history and current pattern of abuse.
(5) Its scope, duration, and level of abuse.
(6) The level of risk to public health.
(7) The likelihood of psychic or physiological dependence.
(8) Whether the substance is an immediate precursor of a substance already controlled by the Uniform Controlled Substances Law.
(9) Whether the substance is an analogue of a substance already controlled by the Uniform Controlled Dangerous Substances Law.
(10) Whether there have been any reported fatalities associated with the substance.
(11) Whether there have been any cases involving the substance reported to the state poison center.
(12) Any other factors or considerations deemed relevant by the secretary.
B. Prior to the adoption of a rule declaring that a substance is a dangerous substance, the secretary shall make all of the following findings and determinations:
(1) The substance has a high potential for abuse.
(2) The substance has no current medical use in treatment in the United States.
(3) There is a lack of accepted safety for use of the substance under medical supervision.
(4) There is an imminent hazard to the health, safety, and welfare of the citizens of Louisiana requiring the substance to be declared a dangerous substance and the issuance of a dangerous substance stop order as authorized by the provisions of this Section.
C. If the secretary has considered the factors provided for in Subsection A of this Section and has made the determinations required by the provisions of Subsection B of this Section, a rule pursuant to the provisions of R.S. 40:996.5 may be adopted declaring the substance a dangerous substance.
D. If the secretary determines that a substance shall be classified as a dangerous substance the rule shall also include a dangerous substance stop order prohibiting the sale, distribution, manufacture, or dispensing of the dangerous substance.
Acts 2012, No. 347, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:996.6. Violations

RS 40:996.6 - Violations
A. It is unlawful for any person to sell, distribute, manufacture, or dispense a dangerous substance following the adoption of a dangerous substance stop order.
B. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars, or may be imprisoned for not more than two years in the parish jail, or both.
C. Each day of continued violation shall constitute a separate offense.
Acts 2012, No. 347, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:996.7. Pesticide law not affected

RS 40:996.7 - Pesticide law not affected
The provisions of R.S. 40:996.1 et seq. shall not be construed to apply to any substance regulated by the provisions of the Louisiana Pesticide Law.
Acts 2012, No. 347, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40.1002. Purpose

§1002. Purpose
The purpose of this Part is to authorize the development, implementation, operation, and evaluation of an electronic system for the monitoring of controlled substances and other drugs of concern that are dispensed in the state or dispensed to an address within the state. The goal of the program is to improve the state's ability to identify and inhibit the diversion of controlled substances and drugs in an efficient and cost-effective manner and in a manner that shall not impede the appropriate utilization of these drugs for legitimate medical purposes.
Acts 2006, No. 676, §1, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1004. Establishment of prescription monitoring program

RS 40:1004 - Establishment of prescription monitoring program
A. The board shall establish and maintain, in consultation with and upon the recommendation of the advisory council, an electronic system for the monitoring of controlled substances and drugs of concern dispensed in the state or dispensed to an address in the state.
B. In conformity with the Louisiana Public Bid Law, R.S. 38:2211 et seq., the board may contract with a vendor to establish and maintain the electronic monitoring system pursuant to rules promulgated by the board.
C. This Part shall not apply to any person licensed pursuant to R.S. 37:1511 et seq.
Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2013, No. 27, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1006. Reporting of prescription monitoring information

RS 40:1006 - Reporting of prescription monitoring information
A. Each dispenser shall submit to the board information regarding each prescription dispensed for a controlled substance or drug monitored by the program. The information submitted for each prescription shall include, at a minimum, data relative to the identification of the following elements of the transaction:
(1) Prescriber information.
(2) Patient information.
(3) Prescription information.
(4) Controlled substance or drug information.
(5) Dispenser information.
B. Each dispenser shall submit the required information in accordance with transmission methods and frequency established by the board. Each eligible prescription transaction shall be reported no later than the next business day after the date of dispensing.
C. The board may issue a waiver to a dispenser who is unable to submit prescription information by electronic means. The waiver shall state the format and frequency with which the dispenser shall submit the required information. The board may issue an exemption from the reporting requirement to a dispenser whose practice activities are inconsistent with the intent of the program. The board may rescind any previously issued exemption without the need for an informal or formal hearing.
D. Any person or entity required to report information concerning prescriptions to the board or to its designated agent pursuant to the requirements of this Part shall not be liable to any person or entity for any claim of damages as a result of the act of reporting the information and no lawsuit may be predicated thereon. Any person or entity who submits report information in good faith containing prescription information that is not the subject of the PMP shall not be liable to any person or entity for any claim of damages and no lawsuit may be predicated thereon.
E. The prescription monitoring program's agents, a dispenser, or a prescriber may report suspected violations of this Section or violations of any law to any local, state, out-of-state, or federal law enforcement agency, or the appropriate prosecutorial agency for further investigation or prosecution.
F. No agent, dispenser, or prescriber who in good faith reports suspected violations as provided for in Subsection E of this Section shall be liable to any person or entity for any claim of damages as a result of the act of reporting the information, and no lawsuit may be predicated thereon.
G. The board shall establish by rulemaking standards for the retention, archiving, and destruction of prescription monitoring information.
Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2009, No. 129, §1; Acts 2009, No. 314, §1; Acts 2010, No. 488, §1, eff. June 22, 2010; Acts 2014, No. 472, §1; Acts 2016, No. 189, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1008. Education and treatment

RS 40:1008 - Education and treatment
A. The board shall, in consultation with and upon the recommendation of the advisory council, implement the following education courses:
(1) A course for persons who are authorized to access the prescription monitoring information, but who have violated the laws or breached occupational standards involving the prescribing, dispensing, or use of any controlled substances or drugs monitored by the prescription monitoring program.
(2) A continuing education course for healthcare providers or professionals on prescribing practices, pharmacology, and the identification, treatment, and referral of a patient addicted to or abusing controlled substances or drugs monitored by the prescription monitoring program.
B. The board shall, in consultation with and upon recommendation of the advisory council, implement an educational program to inform the public about the use, diversion and abuse of, addiction to, and treatment for the addiction to controlled substances or drugs monitored by the prescription monitoring program.
C. The board shall, upon reasonable suspicion, refer potential or alleged impaired prescribers and dispensers to the appropriate professional licensing or certification agency to ensure intervention, treatment, and ongoing monitoring and follow-up.
Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2017, No. 241, §1, eff. June 14, 2017.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1009. Unlawful acts and penalties

RS 40:1009 - Unlawful acts and penalties
A. A dispenser who fails to submit prescription monitoring information to the board as required by this Part, or who fails to correct or amend data after notification by the board, shall be referred to the appropriate professional licensing, certification, or regulatory agency for administrative sanctions as deemed appropriate by that agency.
B. A person or entity authorized to possess prescription monitoring information pursuant to this Part who knowingly accesses or discloses such information in violation of this Part shall be referred to the appropriate professional licensing, certification, or regulatory agency for administrative sanctions as deemed appropriate by that agency and may, upon criminal conviction, be imprisoned, with or without hard labor, for not more than five years, and in addition, may be fined not more than five thousand dollars.
C. A person or entity authorized to possess prescription monitoring information pursuant to this Part who uses such information in a manner or for a purpose in violation of this Part shall be referred to the appropriate professional licensing, certification, or regulatory agency for administrative sanctions as deemed appropriate by that agency and may, upon criminal conviction, be imprisoned, with or without hard labor, for not more than five years, and in addition, may be fined not more than five thousand dollars.
Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2017, No. 241, §1, eff. June 14, 2017.