Section 40:1021 - DefinitionsA. As used in this Part, unless the context clearly otherwise indicates, the term "drug paraphernalia" means and includes but is not limited to: (1) All equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Dangerous Substances Law, as scheduled in R.S. 40:964.(2) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.(3) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.(4) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.(5) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances.(6) Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.(11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.(c) Carburetion tubes and devices.(d) Smoking and carburetion masks.(e) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.(f) Miniature cocaine spoons, and cocaine vials.(m) Ice pipes or chillers.B. Notwithstanding any provision of law to the contrary, the term "drug paraphernalia" shall not include rapid fentanyl test strips (FTS) or any testing equipment or devices solely used, intended for use, or designed to determine whether a substance contains fentanyl or its analogues.C. Notwithstanding any other provision of law to the contrary, the term "drug paraphernalia" shall not include any equipment or devices solely used or intended for use for the inhalation of raw or crude marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols when the person is a patient of a state-sponsored medical marijuana program and possesses medical marijuana in a form permissible under R.S. 40:1046 for therapeutic use.La. Public Health and Safety § 40:1021
Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2022, No. 137, §1; Acts 2022, No. 271, §4; Acts 2022, No. 499, §1.Amended by Acts 2022, No. 499,s. 1, eff. 8/1/2022.Amended by Acts 2022, No. 271,s. 4, eff. 8/1/2022.Amended by Acts 2022, No. 137,s. 1, eff. 8/1/2022.Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. 7/1/2006.