Terms Used In Louisiana Revised Statutes 40:989.4

  • Distribute: means to deliver a controlled dangerous substance whether by physical delivery, administering, subterfuge, furnishing a prescription, or by filling, packaging, labeling or compounding the substance pursuant to the lawful order of a practitioner. See Louisiana Revised Statutes 40:961
  • Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. See Louisiana Revised Statutes 40:961
  • Person: includes any institution whether public or private, hospitals or clinics operated by the state or any of its political subdivisions, and any corporation, association, partnership, or one or more individuals. See Louisiana Revised Statutes 40:961
  • Prescription: means a written request for a drug or therapeutic aid issued by a licensed physician, dentist, veterinarian, osteopath, or podiatrist for a legitimate medical purpose, for the purpose of correcting a physical, mental, or bodily ailment, and acting in good faith in the usual course of his professional practice. See Louisiana Revised Statutes 40:961
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled dangerous substance. See Louisiana Revised Statutes 40:961

            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.