TITLE 40. PUBLIC HEALTH AND SAFETY

CHAPTER 4. FOOD AND DRUGS

PART X. UNIFORM CONTROLLED DANGEROUS SUBSTANCES LAW

 

40:970       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. Penalties for violation of Subsection A. Any person who violates Subsection A with respect to any controlled dangerous substance classified in Schedule V shall be sentenced to a term of imprisonment at hard labor for not 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 [FN1] 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 section shall be imprisoned with or without hard labor for not more than five years; and in addition, may be required to pay a fine of not more than five thousand dollars.

Acts 1972, No. 634, Sec.1. Amended by Acts 1973, No. 207, Sec.7.

[FN1] So in enrolled bill.