§961. Definitions
As used in this Part, the following terms have the meaning ascribed to them in this
Section unless the context clearly indicates otherwise:
(1) "Addict" means a drug dependent person who habitually uses any narcotic drugs
as to have lost the power of self-control with reference to his use of said drugs.
(2) "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.
(3) "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.
(4) "Aggregate" means the gross weight of an exhibit of evidence.
(5) "Apothecary" means a licensed pharmacist as defined by the laws of this state
and, where the context so requires, the owner of the store or other place of business where
narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this
Part shall be construed as conferring on a person who is not registered nor licensed as a
pharmacist any authority, right or privilege that is not granted to him by the pharmacy laws
of this state.
(6) "Cannabis" includes 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, but shall not include the mature stalks of such plant, fiber produced from such stalks,
oil or cake made from the seeds of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil, or cake or the sterilized seed of such plant which is incapable of
germination.
(7) "Control" means to add a drug or other substance, or immediate precursor, to a
schedule under R.S. 40:964, whether by transfer from another schedule or otherwise.
(8) "Controlled dangerous substance" means any substance defined, enumerated, or
included in federal or state statute or regulations, 21 CFR 1308.11 through 1308.15 or R.S.
40:964, or any substance which may hereafter be designated as a controlled dangerous
substance by amendment of supplementation of such regulations or statute. The term shall
not include distilled spirits, wine, malt beverages, or tobacco.
(9) "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 R.S. 40:964; which has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous
substance in Schedule I or II; or with respect to a particular person, which such person
represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled dangerous substance in
Schedule I or II. Such term shall not include any substance for which there is an approved
new drug application; with respect to a particular person any substance, if an exemption is
in effect for investigational use, for that person, under the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such
exemption; or any substance to the extent not intended for human consumption before an
exception takes effect with respect to that substance.
(10) "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.
(11) "Deliver" or "delivery" means the transfer of a controlled dangerous substance
whether or not there exists an agency relationship.
(12) "Dentist" means a person licensed and authorized by law to practice dentistry
in this state.
(13) "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 R.S. 40:964, or which has been
designated by the secretary of the Louisiana Department of Health as habit forming because
of its depressant effect on the central nervous system.
(14) "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.
(15) "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.
(16) "Distributor" means a person who delivers a controlled dangerous substance as
herein defined.
(17) "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.
(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals.
(c) Articles other than food intended to affect the structure of any function of the
body of man or other animals.
(d) Articles intended for use as a component of any article specified in Subparagraph
(a), (b), or (c) of this Paragraph, but does not include devices or their components, parts, or
accessories.
(18) "Drug dependent person" means a person who is using a controlled dangerous
substance and who is in a state of psychic or physical dependence, or both, arising from
administration of that controlled dangerous substance on a continuous basis. Drug
dependence is characterized by behavioral and other responses which include a strong
compulsion to take the substance on a continuous basis in order to experience its psychic
effects, or to avoid the discomfort of its absence.
(19) "Drug Enforcement Administration" means the Drug Enforcement
Administration, United States Department of Justice or its successor.
(20) "Hallucinogen" means a drug which contains any quantity of LSD (Lysergic
acid diethylamide), its isomers, salts, salts of isomers, or any quantity of a substance listed
in Schedule I(C) of R.S. 40:964, or any substance which the secretary of the Louisiana
Department of Health after investigation has found to have, and by regulation designates as
having, a potential for abuse because of its depressant or stimulant effect on the central
nervous system, or hallucinogenic effect.
(21) "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.
(22) "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.
(23) "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 0.3 percent on a dry weight basis and cultivated and processed in
accordance with the U.S. Agriculture Improvement Act of 2018, or the plan submitted by the
Department of Agriculture and Forestry that is in compliance with U.S. Department of
Agriculture rules.
(24) "Isomers" refers to optical isomers and/or stereoisomers and mixtures thereof,
unless specifically excepted in this Part. Optical isomers or stereoisomers are molecules
which differ from each other only in the way the constituent atoms are oriented in space.
(25) "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".
(26) "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. Manufacturer includes any person who
packages, repackages, or labels any container of any controlled dangerous substance, except
practitioners who dispense or compound prescription orders for delivery to the ultimate
consumer.
(27)(a) "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.
(b) "Marijuana" shall not include the following:
(i) Industrial hemp that is in the possession, custody, or control of a person who
holds a license issued by the Department of Agriculture and Forestry, or is cultivated and
processed in accordance with the U.S. Agriculture Improvement Act of 2018.
(ii) The mature stalks of plants of the genus Cannabis, fiber produced from such
stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of
germination.
(iii) Cannabinoids when contained in a drug product approved by the United States
Food and Drug Administration.
(28) "Narcotic drug" means any of the following, whether produced directly or
indirectly by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium, coca leaves, and opiates.
(b) A compound, manufacture, salt, derivatives, or preparation of opium, coca
leaves, or opiates.
(c) A substance and any compound, manufacture, salt, derivative, or preparation
thereof which is chemically identical with any of the substances referred to in Subparagraphs
(a) and (b) of this Paragraph, except that the words "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.
(29) "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.
(30) "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. It does not include, unless
specifically designated as controlled under R.S. 40:963, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic
and levorotatory forms.
(31) "Opium poppy" means the plant of the species Papaver somniferum, except the
seeds thereof.
(32) "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.
(33) "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. Physical dependence is an expected result of
opioid use. Physical dependence, by itself, does not equate with addiction.
(34) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
mowing.
(35) "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.
(36) "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. The act of
prescribing must be in good faith and in the usual course of the licensee's professional
practice.
(37) "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.
(38) "Production" includes the manufacture, planting, cultivation, growing, or
harvesting of a controlled dangerous substance.
(39) "Secretary" means the secretary of the Louisiana Department of Health or his
successor.
(40) "State" means the state of Louisiana.
(41) "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 R.S. 40:964, or any substance which the
secretary of the Louisiana Department of Health after investigation, has found to be and by
regulation designated as habit forming because of its stimulant effect on the central nervous
system.
(42) "Substance abuse" or "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. The development of controlled dangerous substance tolerance or physical
dependence does not equate with substance abuse or addiction.
(43) "Third-party logistics provider" means a person who provides or coordinates
warehousing, facilitation of delivery, or other logistic services for a legend drug or legend
device in interstate and intrastate commerce on behalf of a manufacturer, distributor, or
dispenser of a legend drug or legend device but does not take ownership of the legend drug
or legend device nor have responsibility to direct the sale or disposition of the legend drug
or legend device.
(44) "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. Controlled dangerous substance tolerance refers to the need
to increase the dose of the drug to achieve the same level of analgesia. Controlled dangerous
substance tolerance may or may not be evident during controlled dangerous substance
treatment.
(45) "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.