Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:980 Additional penalties
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§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.
La. Rev. Stat. § 40:981 Distribution to persons under age eighteen
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§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 convi…
La. Rev. Stat. § 40:981.1 Distribution to a student
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§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-techn…
La. Rev. Stat. § 40:981.2 Soliciting minors to produce, manufacture, distribute, or dispense controlled dangerous substances
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§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 pos…
La. Rev. Stat. § 40:981.3 Violation of Uniform Controlled Dangerous Substances Law; drug free zone
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§981.3. Violation of Uniform Controlled Dangerous Substances Law; drug free zone 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, within two thousa…
La. Rev. Stat. § 40:981.4 Repealed by Acts 2014, No
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§981.4. Repealed by Acts 2014, No. 512, §1.
La. Rev. Stat. § 40:982 Second or subsequent offenses
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§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 …
La. Rev. Stat. § 40:983 Creation or operation of a clandestine laboratory for the unlawful manufacture of a
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§983. Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance; definition; penalties A. Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance is any of the foll…
La. Rev. Stat. § 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
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§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…
La. Rev. Stat. § 40:984 Powers of enforcement personnel
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§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)…
La. Rev. Stat. § 40:985 Search warrants
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§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 ex…
La. Rev. Stat. § 40:986 Administrative inspections and warrants
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§986. Administrative inspections and warrants A. Issuance and execution of administrative inspection warrants shall be as follows: (1) Any judge of a state court of record, or any state magistrate of any court of record may, within his jurisdiction, and upon proper oath or affirm…
La. Rev. Stat. § 40:987 Injunctions
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§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…
La. Rev. Stat. § 40:988 Cooperative arrangements; inspections
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§988. Cooperative arrangements; inspections 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 authorized to: (1) Arrange for the exchange of information be…
La. Rev. Stat. § 40:989 Dangerous chemical substances; butyl nitrite, nitrous oxide, and amyl nitrite; use and
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§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, gas, or chemical which contains butyl nitrite, isobutyl nitrite,…
La. Rev. Stat. § 40:989.1 Unlawful production, manufacture, distribution, or possession of hallucinogenic
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§989.1. Unlawful production, manufacture, distribution, or possession of hallucinogenic plants; exceptions 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 mat…
La. Rev. Stat. § 40:989.2 Unlawful production, manufacturing, distribution, or possession of prohibited plant
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§989.2. Unlawful production, manufacturing, distribution, or possession of prohibited plant products; exceptions 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…
La. Rev. Stat. § 40:989.3 Repealed by Acts 2025, No
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§989.3. Repealed by Acts 2025, No. 41, §2.
La. Rev. Stat. § 40:989.4 Unlawful production, manufacturing, distribution, or possession of Xylazine
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§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 violat…
La. Rev. Stat. § 40:989.5 Unlawful production, manufacturing, distribution, or possession of prohibited
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§989.5. Unlawful production, manufacturing, distribution, or possession of prohibited chemicals 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 a material, comp…
La. Rev. Stat. § 40:99 Repealed by Acts 1991, No
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§99. Repealed by Acts 1991, No. 235, §17, eff. Jan. 1, 1992.
La. Rev. Stat. § 40:990 Burden of proof; liabilities
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§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 …
La. Rev. Stat. § 40:991 Prescription for controlled dangerous substances; proof of valid prescription; time
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§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 pro…
La. Rev. Stat. § 40:992 Education and research
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§992. Education and research 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 with such programs it is authorized to: (1) Promote better recognition …
La. Rev. Stat. § 40:993 Pending proceedings
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§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 …
La. Rev. Stat. § 40:994 Continuation of regulations
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§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…
La. Rev. Stat. § 40:995 Short title
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§995. Short title This Part may be cited as the Uniform Controlled Dangerous Substances Law. Added by Acts 1972, No. 634, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:996.1 Legislative findings
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§996.1. Legislative findings 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 lead to addiction. B. Act No. 634 of the 1972 Regular Session incorp…
La. Rev. Stat. § 40:996.2 Definitions
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§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 haza…
La. Rev. Stat. § 40:996.3 Declaration of a dangerous substance of the Louisiana Department of Health
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§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 wit…
La. Rev. Stat. § 40:996.4 Dangerous substance stop order; effects; seizure of dangerous substances; duration
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§996.4. Dangerous substance stop order; effects; seizure of dangerous substances; duration of order; validity 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…
La. Rev. Stat. § 40:996.5 Rulemaking; special provisions; procedural safeguards
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§996.5. Rulemaking; special provisions; procedural safeguards 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 of a rule declaring a substance a dan…
La. Rev. Stat. § 40:996.6 Violations
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§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…
La. Rev. Stat. § 40:996.7 Pesticide law not affected
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§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.