§ 40:961 As used in this Part, the following terms have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:
§ 40:961.1 Notwithstanding the definitions provided for in R.S. 40:961(6) and (27), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or consu
§ 40:962 A. All controlled dangerous substances listed in R.S. 40:964 are hereby controlled.
§ 40:962.1 A. Except as provided in Subsection B of this Section, any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optic
§ 40:962.1.1 A.(1) It is unlawful for any person to possess twelve grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or salts of optical isomers
§ 40:962.1.2 Restriction on the sale and purchase of nonprescription products containing dextromethorphan, its salts or optical isomers, and salts of optical isomers
§ 40:962.2 A. Except as provided in R.S. 40:1061.11, no abortion-inducing drug may be sold, prescribed, dispensed, distributed, or delivered in this state in violation of this Section.
§ 40:963 There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in R.S.
§ 40:964 Schedules I, II, III, IV, and V shall, unless and until added pursuant to R.S. 40:962, consist of the following drugs or other substances, by whatever official name, common or usual
§ 40:964.1 Treatment of controlled analogues
§ 40:965 A. The secretary may by regulation except any material, compound, mixture, or preparation containing any depressant or stimulant substance listed in Subsection A, B, C, or D of Sched
§ 40:966 A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:
§ 40:967 A. Manufacture; distribution. Except as authorized by this Part or by Part VII-B of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any pers
§ 40:968 A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:
§ 40:969 A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:
§ 40:970 A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:
§ 40:971 Prohibited acts; all schedules
§ 40:971.1 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 repr
§ 40:971.2 Unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances
§ 40:971.3 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
§ 40:972 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 cont
§ 40:973 A.(1) Every person who conducts research with, manufactures, distributes, procures, possesses, prescribes, or dispenses any controlled dangerous substance within this state, includin
§ 40:973.1 A. For purposes of this Section, the following definitions apply:
§ 40:974 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 fe
§ 40:975 A. A license pursuant to R.S. 40:974 to manufacture, distribute, or dispense a controlled dangerous substance may be suspended or revoked by the Louisiana Board of Pharmacy upon a fi
§ 40:976 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 s
§ 40:976.1 A. A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following precursor substances shall make an accurate and legible rec
§ 40:977 Order forms
§ 40:978 A. Except when dispensed or administered directly by a medical practitioner or administered by a person authorized to administer by such practitioner, other than a pharmacist, to an
§ 40:978.1 A. For the purposes of this Section, the following definitions apply:
§ 40:978.2 A. A licensed medical practitioner may, directly or by standing order, prescribe or dispense the drug naloxone or another opioid antagonist without having examined the individual to
§ 40:978.2.1 A. For purposes of this Section, the following definitions apply:
§ 40:978.3 A. The continuing education requirement established in this Section shall apply to all practitioners with prescriptive authority in Louisiana that have a controlled dangerous substan
§ 40:979 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 offen
§ 40:980 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.
§ 40:981 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
§ 40:981.1 Distribution to a student
§ 40:981.2 Soliciting minors to produce, manufacture, distribute, or dispense controlled dangerous substances
§ 40:981.3 A.(1) Any person who violates a provision of R.S. 40:966 through 970 of the Uniform Controlled Dangerous Substances Law while on any property used for school purposes by any school,
§ 40:982 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 au
§ 40:983 A. Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance is any of the following:
§ 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
§ 40:984 The Louisiana Board of Pharmacy’s authorized employees may:
§ 40:985 Search warrants
§ 40:986 A. Issuance and execution of administrative inspection warrants shall be as follows:
§ 40:987 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
§ 40:988 A. The Louisiana Board of Pharmacy may cooperate with federal and other state agencies in discharging its responsibilities concerning dangerous substances. To this end, it is authori
§ 40:989 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
§ 40:989.1 A.(1) It shall be unlawful for any person knowingly or intentionally to produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, co
§ 40:989.2 A.(1) It shall be unlawful for any person knowingly or intentionally to produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, co
§ 40:989.3 A. It shall be unlawful for any person to distribute any product containing Mitragyna speciosa to a minor.
§ 40:989.4 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.
§ 40:990 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, h
§ 40:991 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 Dangerou
§ 40:992 A. The Louisiana Board of Pharmacy is authorized to carry out educational programs designed to prevent and deter misuse and abuse of controlled dangerous substances. In connection wi
§ 40:993 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.
§ 40:994 Continuation of regulations
§ 40:995 This Part may be cited as the Uniform Controlled Dangerous Substances Law. Added by Acts 1972, No.
§ 40:996.1 A. For more than sixty years, the Louisiana Legislature enacted laws to protect the public from the detrimental effects of misusing substances which are susceptible to abuse or which
§ 40:996.2 For the purposes of R.S. 40:996.1 through 996.7, the following terms shall have the following meanings:
§ 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
§ 40:996.4 A. A dangerous substance stop order issued by the secretary pursuant to the provisions of R.S. 40:996.3, shall remain in effect upon adoption of the rule and shall extend through the
§ 40:996.5 A. Notwithstanding any other provision of law to the contrary, if the secretary believes that there is an imminent hazard to the public health, safety, and welfare and the adoption o
§ 40:996.6 Violations
§ 40:996.7 Pesticide law not affected

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 4 > Part X - Uniform Controlled Dangerous Substances Law

  • addiction: means a compulsive disorder in which an individual becomes preoccupied with obtaining and using a substance, despite adverse social, psychological, or physical consequences, the continued use of which results in a decreased quality of life. See Louisiana Revised Statutes 40:961
  • Administer: means to deliver under the auspices of a registered practitioner a controlled dangerous substance to the ultimate user or human research subject by injection, or for inhalation, or ingestion, or by any other means except where otherwise provided by law. See Louisiana Revised Statutes 40:961
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof. See Louisiana Revised Statutes 40:961
  • Aggregate: means the gross weight of an exhibit of evidence. See Louisiana Revised Statutes 40:961
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means to add a drug or other substance, or immediate precursor, to a schedule under La. See Louisiana Revised Statutes 40:961
  • Controlled dangerous substance: means any substance defined, enumerated, or included in federal or state statute or regulations, 21 C. See Louisiana Revised Statutes 40:961
  • Controlled substance analogue: means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled dangerous substance in Schedule I or II of La. See Louisiana Revised Statutes 40:961
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterfeit controlled dangerous substance: means a controlled dangerous substance which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. See Louisiana Revised Statutes 40:961
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • delivery: means the transfer of a controlled dangerous substance whether or not there exists an agency relationship. See Louisiana Revised Statutes 40:961
  • Dentist: means a person licensed and authorized by law to practice dentistry in this state. See Louisiana Revised Statutes 40:961
  • Dependent: A person dependent for support upon another.
  • Depressant: means a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid; or any derivatives of barbituric acid; or any substance listed in Schedule I(D), Schedule II(D) or Schedule III(B) of La. See Louisiana Revised Statutes 40:961
  • Dispense: means to deliver a controlled dangerous substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See Louisiana Revised Statutes 40:961
  • 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
  • Distributor: means a person who delivers a controlled dangerous substance as herein defined. See Louisiana Revised Statutes 40:961
  • Drug: means :

                (a) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Louisiana Revised Statutes 40:961

  • Drug Enforcement Administration: means the Drug Enforcement Administration, United States Department of Justice or its successor. See Louisiana Revised Statutes 40:961
  • 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.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Imitation controlled dangerous substance: means a noncontrolled substance which by appearance or operation, including color, shape, size, markings, or packaging, or by representations made, or by its pharmacological effect, would lead a reasonable person to believe that the substance is a controlled dangerous substance. See Louisiana Revised Statutes 40:961
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Industrial hemp: means the plant Cannabis sativa and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0. See Louisiana Revised Statutes 40:961
  • Isomers: refers to optical isomers and/or stereoisomers and mixtures thereof, unless specifically excepted in this Part. See Louisiana Revised Statutes 40:961
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legend drug: means any drug or drug product bearing on the label of the manufacturer or distributor, as required by the federal Food and Drug Administration, the statement "Caution: Federal law prohibits dispensing without prescription". See Louisiana Revised Statutes 40:961
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • 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
  • Marijuana: means all parts of plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. See Louisiana Revised Statutes 40:961
  • narcotic drug: as used in this Part shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. See Louisiana Revised Statutes 40:961
  • Nitrogen-heterocyclic analog: means a nitrogen-heterocyclic analog of a synthetic cannabinoid which has a single carbon atom in a cyclic structure of a compound replaced by a nitrogen atom. See Louisiana Revised Statutes 40:961
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Opiate: means any dangerous substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. See Louisiana Revised Statutes 40:961
  • Opium poppy: means the plant of the species Papaver somniferum, except the seeds thereof. See Louisiana Revised Statutes 40:961
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Physical dependence: means a physiologic state of neuroadaptation which is characterized by the emergence of a withdrawal syndrome if drug use is stopped or decreased abruptly, or if an antagonist is administered. See Louisiana Revised Statutes 40:961
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Louisiana Revised Statutes 40:961
  • Practitioner: means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance in the course of professional practice or research in this state. See Louisiana Revised Statutes 40:961
  • Prescribe: means to issue a written request or order for a controlled dangerous substance by a person licensed under this Part for a legitimate medical purpose. 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled dangerous substance. See Louisiana Revised Statutes 40:961
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Statute: A law passed by a legislature.
  • Stimulant: means a drug which contains a quantity of amphetamine or any of its isomers; any salt of amphetamine or any salt of an isomer of amphetamine; or any substance listed in Schedules II(C) or III(A) of La. See Louisiana Revised Statutes 40:961
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tolerance: means the physiologic state resulting from regular use of a drug in which an increased dosage is needed to produce the same effect or a reduced effect is observed with a constant dose. See Louisiana Revised Statutes 40:961
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Ultimate user: means a person who lawfully possesses a controlled dangerous substance for his own use or for the use of a member of his household or for administration to an animal owned by him or by a member of his household. See Louisiana Revised Statutes 40:961