HLS 14RS-1084 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 332
BY REPRESENTATIVE LOPINTO
CONTROLLED SUBSTANCES: Amends criminal penalties for certain offenses involving
Schedule I narcotic substances
AN ACT1
To amend and reenact R.S. 40:966(B)(1) and (C)(1), relative to the Uniform Controlled2
Dangerous Substances Law; to amend penalties for certain offenses; to provide for3
minimum mandatory sentence; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:966(B)(1) and (C)(1) are hereby amended and reenacted to read6
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
B. Penalties for violation of Subsection A of this Section. Any person who12
violates Subsection A of this Section with respect to:13
(1) A substance classified in Schedule I which is a narcotic drug (all14
substances in Schedule I preceded by an asterisk "*"), upon conviction shall be15
sentenced to imprisonment for not less than five ten nor more than fifty years at hard16
labor, at least five ten years of which shall be served without benefit of parole,17
probation, or suspension of sentence, and may, in addition, be required to pay a fine18
of not more than fifty thousand dollars.19
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HB NO. 332
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. Possession. It is unlawful for any person knowingly or intentionally to1
possess a controlled dangerous substance classified in Schedule I unless such2
substance was obtained directly, or pursuant to a valid prescription or order, from a3
practitioner or as provided in R.S. 40:978, while acting in the course of his4
professional practice, or except as otherwise authorized by this Part. Any person5
who violates this Subsection with respect to:6
(1) A substance classified in Schedule I which is a narcotic drug (all7
substances in Schedule I preceded by an asterisk), shall be imprisoned at hard labor8
for not less than four two years nor more than ten years , at least two years of the9
sentence shall be served without benefit of parole, probation, or suspension of10
sentence, and may, in addition, be required to pay a fine of not more than five11
thousand dollars.12
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 332
Abstract: Increases the minimum mandatory incarceration penalty for Schedule I narcotic
drugs, including heroin and related compounds.
Present law provides penalties for the production, manufacturing, distribution, or dispensing
of a controlled dangerous substance, or for the possession with the intent to produce,
manufacture, distribute, or dispense a controlled dangerous substance, which is a narcotic
drug, of imprisonment for not less than five nor more than 50 years at hard labor. Requires
at least five years of the sentence to be served without benefit of probation, or suspension
of sentence, and may, in addition, be required to pay a fine of not more than $50,000.
Proposed law increases the minimum mandatory penalty from five years to 10 years.
Present law provides penalties for the possession of a substance classified in Schedule I
which is a narcotic drug of imprisonment at hard labor for not less than four years nor more
than 10 years and may, in addition, be required to pay a fine of not more than $5,000.
Proposed law adds a minimum mandatory sentence of two years of imprisonment without
benefit of parole, probation, or suspension of sentence.
(Amends R.S. 40:966(B)(1) and (C)(1))