Louisiana Revised Statutes 40:996.3 – 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 follow
Terms Used In Louisiana Revised Statutes 40:996.3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Immediate precursor: means a substance which the secretary of the Louisiana Department of Health has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled dangerous substance, the control of which is necessary to prevent, curtail, or limit such manufacture. 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
- Secretary: means the secretary of the Louisiana Department of Health or his successor. See Louisiana Revised Statutes 40:961
- State: means the state of Louisiana. See Louisiana Revised Statutes 40:961
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 La. Rev. Stat. 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.