§ 40:970 — Prohibited acts--Schedule V; penalties

§970. Prohibited acts--Schedule V; penalties
A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful
for any person knowingly or intentionally:
(1) To produce, manufacture, distribute or dispense or possess with intent to produce,
manufacture, distribute, or dispense, a controlled dangerous substance classified in Schedule
V.
(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule V.
B. Violations of Subsection A. Any person who violates Subsection A of this
Section with respect to any controlled dangerous substance classified in Schedule V shall be
sentenced to a term of imprisonment, with or without hard labor, for not less than one year
nor more than five years and, in addition, may be sentenced to pay a fine of not more than
five thousand dollars.
C. Possession. It is unlawful for any person unknowingly or intentionally to possess
a controlled dangerous substance classified in Schedule V unless such substance was
obtained directly or pursuant to a valid prescription or order from a practitioner, or as
provided in R.S. 40:978, while acting in the course of his professional practice or except as
otherwise authorized by this Part. Any person who violates this Subsection shall be
imprisoned with or without hard labor for not less than one year nor more than five years
and, in addition, may be required to pay a fine of not more than five thousand dollars.

Legislative History

Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §7; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4.