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HLS 05RS-52 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2005
HOUSE BILL NO. 20
BY REPRESENTATIVE STRAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTROLLED SUBSTANCES: Prohibits the production, manufacture, and distribution
of hallucinogenic plant products
AN ACT 1
To enact R.S. 40:989.1, relative to controlled dangerous substances; to create the crime of 2
the unlawful production, manufacture, distribution, or possession of a material, 3
compound, mixture, or preparation intended for human consumption which contains 4
a hallucinogenic plant; to provide for definitions; to provide for penalties; to provide 5
for exceptions; and to provide for related matters. 6
Be it enacted by the Legislature of Louisiana: 7
Section 1. R.S. 40:989.1 is hereby enacted to read as follows: 8
?989.1. Unlawful production, manufacture, distribution, or possession of 9
hallucinogenic plants 10
A.(1) It shall be unlawful for any person knowingly or intentionally to 11
produce, manufacture, distribute, or possess with intent to produce, manufacture, or 12
distribute a material, compound, mixture, or preparation intended for human 13
consumption which contains a hallucinogenic plant. 14
(2) Whoever violates the provisions of this Subsection shall be sentenced to 15
a term of imprisonment with or without hard labor for not less than two years nor 16
more than ten years and may, in addition, be sentenced to pay a fine of not more than 17
twenty thousand dollars. 18
HLS 05RS-52 ORIGINAL
HB NO. 20
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B.(1) It shall be unlawful for any person knowingly or intentionally to 1
possess a material, compound, mixture, or preparation intended for human 2
consumption which contains a hallucinogenic plant. 3
(2) Any person who violates the provisions of this Subsection shall be 4
sentenced to a term of imprisonment with or without hard labor for not more than 5
five years and may, in addition, be sentenced to pay a fine of not more than five 6
thousand dollars. 7
C. For the purposes of this Section: 8
(1) "Distribute" means to sell, lease, rent, barter, trade, furnish, supply, or 9
otherwise transfer in exchange for anything of value a material, compound, mixture, 10
or preparation intended for human consumption which contains a hallucinogenic 11
plant. 12
(2) "Manufacture" means the production, preparation, propagation, 13
compounding, or processing of a material, compound, mixture, or preparation 14
intended for human consumption which contains a hallucinogenic plant either 15
directly or indirectly by extraction from substances of natural origin, or 16
independently by means of chemical synthesis, or by a combination of extraction and 17
chemical synthesis. Manufacturer includes any person who packages, repackages, 18
or labels any container holding a material, compound, mixture, or preparation 19
intended for human consumption which contains a hallucinogenic plant. 20
(3) "Production" includes the manufacture, planting, cultivation, growing, 21
or harvesting of a hallucinogenic plant. 22
(4) "Hallucinogenic plant" means any part or portion of any of the following: 23
(a) Brugmansia arborea. 24
(b) Amanita muscaria. 25
(c) Conocybe spp. 26
(d) Panaeolus spp. 27
(e) Psilocybe spp. 28
(f) Stropharia spp. 29
HLS 05RS-52 ORIGINAL
HB NO. 20
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(g) Vinca rosea. 1
(h) Ipomoea violacea. 2
(i) Datura spp. 3
(j) Pancreatium trianthum. 4
(k) Kaempferia galanga. 5
(l) Olmedioperebea sclerophylla. 6
(m) Mesembryanthemum spp. 7
(n) Virola spp. 8
(o) Anadenanthera peregrina. 9
(p) Anadenanthera colubrina. 10
(q) Erythina spp. 11
(r) Genista canariensis. 12
(s) Mimosa hostilis. 13
(t) Rhynchosia spp. 14
(u) Sophora secundiflora. 15
(v) Peganum harmala. 16
(w) Banisteriopsis spp. 17
(x) Tetrapteris methystica. 18
(y) Heimia salicfolia. 19
(z) Tabernanthe iboga. 20
(aa) Prestonia amazonica. 21
(bb) Ipomoea violacea. 22
(cc) Rivea corymbosa. 23
(dd) Salvia divinorum. 24
(ee) Atropa belladonna. 25
(ff) Hyoscyamus niger. 26
(gg) Mandragora officinarum. 27
(hh) Brunfelsia spp. 28
(ii) Methysticodendron amesianum. 29
HLS 05RS-52 ORIGINAL
HB NO. 20
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(jj) Latua pubiflora. 1
(kk) Calea Zacatechichi. 2
(ll) Physalis subglabrata. 3
(mm) Solanum carolinense. 4
(nn) Lagoehilus inebrians. 5
D. The provisions of this Section shall not apply to the possession, planting, 6
cultivation, growing, or harvesting of a hallucinogenic plant strictly for aesthetic, 7
landscaping, or decorative purposes. 8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument.
Strain HB No. 20
Abstract: Creates t he crime of unlawful production, manufacture, distribution, or
possesssion of a material, compound, mixture, or preparation intended for human
consumption which contains a hallucinogenic plant.
Present law provides criminal penalties for the unlawful production, manufacture,
distribution, or dispensing of controlled dangerous substances.
Proposed law retains the provisions of present law and creates the crime of unlawful
production, manufacture, distribution, or possesssion of a material, compound, mixture, or
preparation intended for human consumption which contains a hallucinogenic plant.
Proposed law defines "production", "manufacture", and "distribute" and "hallucinogenic
plant".
Proposed law provides penalties for unlawful production, manufacture, distribution, or
possession with intent to manufacture, produce, or distribute a material, compound, mixture,
or preparation intended fo r human consumption which contains a hallucinogenic plant of
imprisonment with or without hard labor for not less than two years nor more than 10 years
and may, in addition, be sentenced to pay a fine of not more than $20,000.
Proposed law provides penalties for unlawful possession of a material, compound, mixture,
or preparation intended for human consumption which contains a hallucinogenic plant of a
term of imprisonment with or without hard labor for not more than five years and may, in
addition, be sentenced to pay a fine of not more than $5,000.
(Adds R.S. 40:989.1)

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Quote:

GratefulJim said...loophole

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.... Good eyes!!!

Basidiocarp said:

How about collecting signatures, calling your representatives, and making sure that crap legislation like this gets killed on the floor?  We're all too quick to take the easy route and run and hide.  How long do you think we're going to be able to "keep it underground?"  What's the next thing that we're going to have to take "underground?"  How about calling these assholes up and telling them that if they vote for this they can kiss their house/senate seats goodbye next term?

The government has us right where they want us right now...  Afraid and running away.  We either turn that tide around now or we can kiss real democracy GOOOOODBYE.

I really feel that our generation will be the one that determines the ultimate fate of this now-faltering experiment called America.  And right now, it doesn't look good, kids.

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ummmmm....
im trying to think of something to say.....

but....
i cant, except for this:


word

bi0 said:

the best thing we can do is develop shadow economies and alternative powers and circuits.

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