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Regular Session, 2014
SENATE BILL NO. 256
BY SENATOR MILLS
CONTROL DANGER SUBSTANCE. Provides relative to sentencing under the Uniform
Controlled Dangerous Substances Law. (8/1/14)
AN ACT1
To amend and reenact R.S. 40:967(B), (C), and (F), relative to controlled dangerous2
substances; to provide relative to certain sentencing provisions of the Uniform3
Controlled Dangerous Substances Law; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:967(B), (C), and (F) are hereby amended and reenacted to read6
as follows:7
§967. Prohibited acts – Schedule II, penalties8
* * *9
B. Penalties for violation of Subsection A. Except as provided in Subsection10
F, any person who violates Subsection A with respect to:11
(1) A substance classified in Schedule II which is an amphetamine or12
methamphetamine or which is a narcotic drug, except cocaine or cocaine base or a13
mixture or substance containing cocaine or its analogues as provided in Schedule14
II(A)(4) of R.S. 40:964 and except oxycodone as provided in Schedule II(A)(1)(o)15
of R.S. 40:964 and except methadone as provided in Schedule II(B)(11) of R.S.16
40:964 shall Shall be sentenced to a term of imprisonment at hard labor for not less17 SB NO. 256
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than two years nor more than thirty years; and may, in addition, be sentenced to pay1
a fine of not more than fifty thousand dollars.2
(2) Pentazocine, shall be sentenced to imprisonment at hard labor for not less3
than two years nor more than ten years, at least two years of which shall be served4
without benefit of parole, probation, or suspension of sentence, and, in addition, may5
be sentenced to pay a fine of not more than fifteen thousand dollars.6
(3)(a) Production or manufacturing of amphetamine or methamphetamine7
shall be sentenced to imprisonment at hard labor for not less than ten years nor more8
than thirty years, at least ten years of which shall be served without benefit of parole,9
probation, or suspension of sentence, and in addition may be sentenced to pay a fine10
of not more than five hundred thousand dollars.11
(b) (3) This Subparagraph shall be cited as the "Child Endangerment Law."12
When the state proves in addition to the elements of the crime as set forth in13
Subsection A of this Section that a minor child twelve years of age or younger is14
present in the home, mobile home or other inhabited dwelling at the time of the15
commission of the offense, the minimum mandatory sentence shall be fifteen ten16
years without benefit of parole, probation, or suspension of sentence.17
(4)(a) Production or manufacturing of cocaine or cocaine base or a mixture18
or substance containing cocaine or its analogues as provided in Schedule II(A)(4) of19
R.S. 40:964 or oxycodone as provided in Schedule II(A)(1)(o) of R.S. 40:964 or20
methadone as provided in Schedule II(B)(11) of R.S. 40:964 shall be sentenced to21
imprisonment at hard labor for not less than ten nor more than thirty years, at least22
ten years of which shall be served without benefit of parole, probation, or suspension23
of sentence, and may be fined not more than five hundred thousand dollars.24
(b) Distribution, dispensing, or possession with intent to produce,25
manufacture, distribute, or dispense cocaine or cocaine base or a mixture or26
substance containing cocaine or its analogues as provided in Schedule II(A)(4) of27
R.S. 40:964 or oxycodone as provided in Schedule II(A)(1)(o) of R.S. 40:964 or28
methadone as provided in Schedule II(B)(11) of R.S. 40:964 shall be sentenced to29 SB NO. 256
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a term of imprisonment at hard labor for not less than two years nor more than thirty1
years, with the first two years of said sentence being without benefit of parole,2
probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine3
of not more than fifty thousand dollars.4
(5) Any other controlled dangerous substance classified in Schedule II except5
pentazocine, amphetamine, methamphetamine, cocaine, or oxycodone, or methadone6
shall be sentenced to a term of imprisonment at hard labor for not more than ten7
years, and in addition may be sentenced to pay a fine of not more than fifteen8
thousand dollars.9
C. Possession. It is unlawful for any person knowingly or intentionally to10
possess a controlled dangerous substance as classified in Schedule II unless such11
substance was obtained directly or pursuant to a valid prescription or order from a12
practitioner, as provided in R.S. 40:978 while acting in the course of his professional13
practice, or except as otherwise authorized by this Part.14
(1) Any person who violates this Subsection with respect to pentazocine shall15
be imprisoned with or without hard labor for not less than two years and for not more16
than five years and, in addition, may be sentenced to pay a fine of not more than five17
thousand dollars.18
(2) Any person who violates this Subsection as to any other controlled19
dangerous substance shall be imprisoned with or without hard labor for not more20
than five years and, in addition, may be sentenced to pay a fine of not more than five21
thousand dollars.22
* * *23
F. Other penalties for possession.24
(1) Except as otherwise authorized in this Part:25
(a) Any person who knowingly or intentionally possesses twenty-eight grams26
or more, but less than two hundred grams, of cocaine or of a mixture or substance27
containing a detectable amount of cocaine or of its analogues as provided in28
Schedule II(A)(4) of R.S. 40:964, shall be sentenced to serve a term of imprisonment29 SB NO. 256
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at hard labor of not less than five years, nor more than thirty years, and to pay a fine1
of not less than fifty thousand dollars, nor more than one hundred fifty thousand2
dollars.3
(b) Any person who knowingly or intentionally possesses two hundred grams4
or more, but less than four hundred grams, of cocaine or of a mixture or substance5
containing a detectable amount of cocaine or of its analogues as provided in6
Schedule II(A)(4) of R.S. 40:964, shall be sentenced to serve a term of imprisonment7
at hard labor of not less than ten years, nor more than thirty years, and to pay a fine8
of not less than one hundred thousand dollars, nor more than three hundred fifty9
thousand dollars.10
(c) (b) Any person who knowingly or intentionally possesses four hundred11
grams or more of cocaine or of a mixture or substance containing a detectable12
amount of cocaine or of its analogues as provided in Schedule II(A)(4) of R.S.13
40:964, shall be sentenced to serve a term of imprisonment at hard labor of not less14
than fifteen years, nor more than thirty years and to pay a fine of not less than two15
hundred fifty thousand dollars, nor more than six hundred thousand dollars.16
(2) Except as otherwise authorized in this Part:17
(a) Any person who knowingly or intentionally possesses twenty-eight grams18
or more, but less than two hundred grams, of amphetamine or methamphetamine or19
of a mixture or substance containing a detectable amount of amphetamine or20
methamphetamine or any of their analogues as provided in Schedule II(C) of R.S.21
40:964, shall be sentenced to serve a term of imprisonment at hard labor of not less22
than five years, nor more than thirty years, and to pay a fine of not less than fifty23
thousand dollars, nor more than one hundred fifty thousand dollars.24
(b) Any person who knowingly or intentionally possesses two hundred grams25
or more, but less than four hundred grams, of amphetamine or methamphetamine or26
of a mixture or substance containing a detectable amount of amphetamine or27
methamphetamine or any of their analogues as provided in Schedule II(C) of R.S.28
40:964, shall be sentenced to serve a term of imprisonment at hard labor of not less29 SB NO. 256
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than ten years, nor more than thirty years, and to pay a fine of not less than one1
hundred thousand dollars, nor more than three hundred fifty thousand dollars.2
(c) (b) Any person who knowingly or intentionally possesses four hundred3
grams or more of amphetamine or methamphetamine or of a mixture or substance4
containing a detectable amount of amphetamine or methamphetamine or any of its5
analogues as provided in Schedule II(C) of R.S. 40:964, shall be sentenced to serve6
a term of imprisonment at hard labor of not less than fifteen years, nor more than7
thirty years, and to pay a fine of not less than two hundred fifty thousand dollars, nor8
more than six hundred thousand dollars.9
(3) Except as otherwise authorized in this Part:10
(a) Any person who knowingly or intentionally possesses twenty-eight grams11
or more, but less than two hundred grams, of gamma hydroxybutyric acid or of a12
mixture or substance containing a detectable amount of gamma hydroxybutyric acid13
or of its analogues shall be sentenced to serve a term of imprisonment at hard labor14
of not less than five years, nor more than thirty years, and to pay a fine of not less15
than fifty thousand dollars, nor more than one hundred fifty thousand dollars.16
(b) Any person who knowingly or intentionally possesses two hundred grams17
or more, but less than four hundred grams, of gamma hydroxybutyric acid or of a18
mixture or substance containing a detectable amount of gamma hydroxybutyric acid19
or of its analogues shall be sentenced to serve a term of imprisonment at hard labor20
of not less than ten years, nor more than thirty years, and to pay a fine of not less21
than one hundred thousand dollars, nor more than three hundred fifty thousand22
dollars.23
(c) (b) Any person who knowingly or intentionally possesses four hundred24
grams or more of gamma hydroxybutyric acid or of a mixture or substance25
containing a detectable amount of gamma hydroxybutyric acid or of its analogues26
shall be sentenced to serve a term of imprisonment at hard labor of not less than27
fifteen years, nor more than thirty years, and to pay a fine of not less than two28
hundred fifty thousand dollars, nor more than six hundred thousand dollars.29 SB NO. 256
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* * *1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
Mills (SB 256)
Present law (Uniform Controlled Dangerous Substances Law) provides penalties for the
production, manufacture, distribution, possession with intent to distribute, and simple
possession of certain controlled dangerous substances (Schedule II drugs).
Present law provides that any person who illegally produces, manufactures, distributes, or
possesses with intent to distribute certain Schedule II drugs that are amphetamines or
narcotics, except cocaine, oxycodone, methadone, and pentazocine, is to be imprisoned at
hard labor for between two and 30 years, and may also be fined up to $50,000.
Present law provides that any person who illegally distributes or possesses with intent to
distribute cocain, oxycodone, or methadone is to be imprisoned at hard labor for between
two and 30 years, with the first two years without benefit of parole, probation, or suspension
of sentence, and may be fined up to $50,000.
Present law provides that any person who illegally produces, manufactures, distributes, or
possesses with intent to distribute the Schedule II drug pentazocine is to be sentenced to
imprisonment at hard labor for between two and 10 years, at least two years of which must
be served without benefit of parole, probation, or suspension of sentence, and may be fined
up to $15,000.
Proposed law deletes certain exceptions and separate penalties for cocaine, oxycodone,
methadone, and pentazocine, and provides that any person who illegally distributes or
possesses with intent to distribute cocaine, oxycodone, or methadone, or who produces,
manufactures, distributes, or possesses with intent to distribute any other Schedule II drug,
is to be imprisoned at hard labor for between two and 30 years, and may also be fined up to
$50,000.
Present law provides that any person who illegally produces or manufactures amphetamine
or methamphetamine is to be sentenced to imprisonment at hard labor for between 10 and
30 years, at least 10 years of which must be served without benefit of parole, probation, or
suspension of sentence, and may be fined up to $500,000.
Proposed law deletes the requirement that at least 10 years of the sentence of imprisonment
must be served without benefit of parole, probation, or suspension of sentence. Proposed law
otherwise retains present law.
Present law (Child Endangerment Law) provides that when the state proves, in addition to
the elements of the present law crime of illegal manufacture, distribution, or possession with
intent to distribute certain Schedule II drugs, that a minor child 12 years of age or younger
is present in the home, mobile home, or other inhabited dwelling at the time of the
commission of the offense, the minimum mandatory sentence is to be 15 years without
benefit of parole, probation, or suspension of sentence.
Proposed law changes the mandatory minimum sentence under the Child Endangerment Law
from 15 years to 10 years. Proposed law otherwise retains present law.
Present law provides that any person who illegally produces or manufactures cocaine,
oxycodone, and methadone is to be sentenced to imprisonment at hard labor for between 10
and 30 years, at least 10 years of which must be served without benefit of parole, probation, SB NO. 256
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or suspension of sentence, and may be fined up to $500,000.
Present law provides penalties for simple possession of certain Schedule II drugs.
Present law provides that any person who illegally possesses any Schedule II drug except
pentazocine is to be imprisoned, with or without hard labor, for up to five years, and may be
fined up to $5,000.
Present law provides that any person who illegally possesses pentazocine is to be
imprisoned, with or without hard labor, for between two and five years, and may be fined
up to $5,000.
Proposed law deletes the two year minimum sentence for possession of pentazocine, and
provides that any person who illegally possess any Schedule II drug is to be imprisoned, with
or without hard labor, for up to five years, and may be fined up to $5,000.
Present law provides penalties for possession of 28 grams or more but less than 200 grams
of cocaine.
Proposed law deletes present law such that general proposed law penalties for possession
apply.
Present law provides that any person who knowingly or intentionally possesses 200 grams
or more, but less than 400 grams, of cocaine is to be imprisoned at hard labor for between
10 and 30 years, and fined between $100,000 and $350,000.
Proposed law retains present law.
Present law provides that any person who knowingly or intentionally possesses 400 grams
or more of cocaine is to be imprisoned at hard labor for between 15 and 30 years and fined
between $250,000 and $600,000.
Proposed law retains present law.
Present law provides penalties for possession of 28 grams or more but less than 200 grams
of amphetamine or methamphetamine.
Proposed law deletes present law such that general proposed law penalties for possession
apply.
Present law provides that any person who knowingly or intentionally possesses 200 grams
or more but less than 400 grams of amphetamine or methamphetamine is to be imprisoned
at hard labor for between 10 and 30 years, and fined between $100,000 and $350,000.
Proposed law retains present law.
Present law provides that any person who knowingly or intentionally possesses 400 grams
or more of amphetamine or methamphetamine is to be imprisoned at hard labor for between
15 and 30 years, and fined between $250,000 and $600,000.
Proposed law retains present law.
Present law provides penalties for possession of 28 grams or more but less than 200 grams
of gamma hydroxybutyric acid.
Proposed law deletes present law such that general proposed law penalties for possession
apply. SB NO. 256
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Present law provides that any person who knowingly or intentionally possesses 200 grams
or more, but less than 400 grams of gamma hydroxybutyric acid is to be imprisoned at hard
labor for between 10 and 30 years, and fined between $100,000 and $350,000.
Proposed law retains present law.
Present law provides that any person who knowingly or intentionally possesses 400 grams
or more of gamma hydroxybutyric acid is to be imprisoned at hard labor for between 15 and
30 years, and fined between $250,000 and $600,000.
Proposed law retains present law.
Effective August 1, 2014.
(Amends R.S. 40:967(B), (C), and (F))