§991. Prescription for controlled dangerous substances; proof of valid prescription; time
period for raising defense; notice to prosecution
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 R.S. 40:961 and "prescription" shall have the same meaning as
provided in R.S. 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.
Added by Acts 2009, No. 265, §1, eff. August 15, 2009.