Louisiana Revised Statutes 40:991 – Prescription for controlled dangerous substances; proof of valid prescription; time period for raising defense; notice to prosecution
Terms Used In Louisiana Revised Statutes 40:991
- Controlled dangerous substance: means any substance defined, enumerated, or included in federal or state statute or regulations, Louisiana Revised Statutes 40:961
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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. See Louisiana Revised Statutes 40:961
- Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled dangerous substance. See Louisiana Revised Statutes 40:961
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. An individual who claims possession of a valid prescription for any controlled dangerous substance as a defense to a violation of the provisions of the Uniform Controlled Dangerous Substances Law shall have the obligation to produce sufficient proof of a valid prescription to the appropriate prosecuting office. Production of the original prescription bottle with the defendant‘s name, the pharmacist’s name, and prescription number shall be sufficient proof of a valid prescription as provided for in this Section.
B. As used in this Section, “controlled dangerous substance” shall have the same meaning as provided in La. Rev. Stat. 40:961 and “prescription” shall have the same meaning as provided in La. Rev. Stat. 40:961.
C. Any individual who claims the defense of a valid prescription for any controlled dangerous substance shall raise this defense before commencement of the trial through a motion to quash.
Acts 2009, No. 265, §1.