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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2012
SENATE BILL NO. 67
BY SENATOR MORRELL
CRIME/PUNISHMENT. Increases the mandatory sentence for possession of heroin. (gov
sig)
AN ACT1
To amend and reenact R.S. 40:966(C)(1) and (D)(1) and to enact R.S. 40:966(C)(4) and2
(D)(2), relative to the Uniform Controlled Dangerous Substances Law; to increase3
penalties for certain violations involving heroin; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:966(C)(1) and (D)(1) are hereby amended and reenacted and R.S.6
40:966(C)(4) and (D)(2) are hereby enacted to read as follows:7
ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs8
listed in Schedule I; possession of marijuana, possession of synthetic9
cannabinoids10
* * *11
C. Possession. It is unlawful for any person knowingly or intentionally to12
possess a controlled dangerous substance classified in Schedule I unless such13
substance was obtained directly, or pursuant to a valid prescription or order, from a14
practitioner or as provided in R.S. 40:978, while acting in the course of his15
professional practice, or except as otherwise authorized by this Part. Any person who16
violates this Subsection with respect to:17 SB NO. 67
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words in boldface type and underscored are additions.
(1) A substance classified in Schedule I which is a narcotic drug (all1
substances in Schedule I preceded by an asterisk), except heroin as provided for2
in Paragraph (4) of this Subsection, shall be imprisoned at hard labor for not less3
than four years nor more than ten years and may, in addition, be required to pay a4
fine of not more than five thousand dollars.5
* * *6
(4) A substance classified in Schedule I which is the narcotic drug heroin,7
shall be imprisoned at hard labor for not less than six years nor more than8
fifteen years and may, in addition, be required to pay a fine of not more than9
seventy-five hundred dollars.10
D. Other penalties for possession. (1) Except as otherwise authorized in this11
Part:12
(a) Any person who knowingly or intentionally possesses twenty-eight grams13
or more, but less than two hundred grams, of a narcotic drug (all substances in14
Schedule I preceded by an asterisk "*"), except heroin as provided for in15
Paragraph (2) of this Subsection, shall be sentenced to serve a term of16
imprisonment at hard labor of not less than five years, nor more than thirty years, and17
to pay a fine of not less than fifty thousand dollars, nor more than one hundred fifty18
thousand dollars.19
(b) Any person who knowingly or intentionally possesses two hundred grams20
or more, but less than four hundred grams, of a narcotic drug (all substances in21
Schedule I preceded by an asterisk "*"), except heroin as provided for in22
Paragraph (2) of this Subsection, shall be sentenced to serve a term of23
imprisonment at hard labor of not less than ten years, nor more than thirty years, and24
to pay a fine of not less than one hundred thousand dollars, nor more than three25
hundred fifty thousand dollars.26
(c) Any person who knowingly or intentionally possesses four hundred grams27
or more of a narcotic drug (all substances in Schedule I preceded by an asterisk "*"),28
except heroin as provided for in Paragraph (2) of this Subsection, shall be29 SB NO. 67
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words in boldface type and underscored are additions.
sentenced to serve a term of imprisonment at hard labor of not less than fifteen years,1
nor more than thirty years, and to pay a fine of not less than two hundred fifty2
thousand dollars, nor more than six hundred thousand dollars.3
(2) Except as otherwise authorized in this Part with regard to heroin:4
(a) Any person who knowingly or intentionally possesses twenty-eight5
grams or more, but less than two hundred grams, of the Schedule I narcotic6
drug heroin shall be sentenced to serve a term of imprisonment at hard labor7
of not less than eight years, nor more than forty-five years, and to pay a fine of8
not less than seventy-five thousand dollars, nor more than two hundred twenty-9
five thousand dollars.10
(b) Any person who knowingly or intentionally possesses two hundred11
grams or more, but less than four hundred grams, of the Schedule I narcotic12
drug heroin shall be sentenced to serve a term of imprisonment at hard labor13
of not less than fifteen years, nor more than forty-five years, and to pay a fine14
of not less than one hundred fifty thousand dollars, nor more than five hundred15
twenty-five thousand dollars.16
(c) Any person who knowingly or intentionally possesses four hundred17
grams or more of the Schedule I narcotic drug heroin shall be sentenced to18
serve a term of imprisonment at hard labor of not less than twenty-five years,19
nor more than forty-five years, and to pay a fine of not less than three hundred20
seventy-five thousand dollars, nor more than nine hundred thousand dollars.21
* * *22
Section 2. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 SB NO. 67
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that the penalty for possession of any Schedule I narcotic drug
(including heroin) is imprisonment at hard labor for not less than four years nor more than
10 years, and a possible fine of up to $5,000.
Proposed law provides that the penalty for possession of heroin is imprisonment for not less
than six years nor more than 15 years, and a possible fine of up to $7,500.
Proposed law otherwise retains present law as to the penalties for possession of other
Schedule I narcotic drugs.
Present law provides that, except as otherwise authorized by present law:
1. The penalty for possession of 28 grams or more, but less than 200 grams, of a
Schedule I narcotic drug is imprisonment at hard labor for not less than five years,
nor more than 30 years, and a fine of not less than $50,000 nor more than $150,000.
2. The penalty for possession of 200 grams or more, but less than 400 grams, of a
Schedule I narcotic drug is imprisonment at hard labor for not less than 10 years nor
more than 30 years, and a fine of not less than $100,000 nor more than $350,000.
3. The penalty for possession of 400 grams or of a Schedule I narcotic drug is
imprisonment at hard labor for not less than 15 years nor more than 30 years, and a
fine of not less than $250,000 nor more than $600,000.
Proposed law provides that, except as otherwise authorized by present law:
1. The penalty for possession of 28 grams or more, but less than 200 grams, of heroin
is imprisonment at hard labor for not less than eight years, nor more than 45 years,
and a fine of not less than $75,000 nor more than $225,000.
2. The penalty for possession of 200 grams or more, but less than 400 grams, of heroin
is imprisonment at hard labor for not less than 15 years nor more than 45 years, and
a fine of not less than $150,000 nor more than $525,000.
3. The penalty for possession of 400 grams or more of heroin is imprisonment at hard
labor for not less than 25 years nor more than 45 years, and a fine of not less than
$375,000 nor more than $900,000.
Proposed law otherwise retains present law as to the penalties for possession of other
Schedule I narcotic drugs.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:966(C)(1) and (D)(1); adds R.S. 40:966(C)(4) and (D)(2))