HLS 18RS-609 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 165
BY REPRESENTATIVES MACK, BACALA, BAGNERIS, DWIGHT, HAZEL,
HOWARD, MARINO, AND PYLANT
DRUGS/CONTROLLED: Provides relative to the Uniform Controlled Dangerous
Substances Law
1 AN ACT
2To amend and reenact R.S. 40:966(B)(3), (C)(4)(introductory paragraph), (G)(1), and
3 967(B)(1)(introductory paragraph) and to enact R.S. 40:961(3.1) and 967(B)(4),
4 (C)(4), and (E), relative to controlled dangerous substances; to define the term
5 "aggregate" for purposes of the Uniform Controlled Dangerous Substances Law; to
6 provide relative to the substances fentanyl and carfentanil; to provide relative to
7 criminal penalties; to provide relative to treatment; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:966(B)(3), (C)(4)(introductory paragraph), (G)(1), and 967(B)(1)
10(introductory paragraph) are hereby amended and reenacted and R.S. 40:961(3.1) and
11967(B)(4), (C)(4), and (E) are hereby enacted to read as follows:
12 §961. Definitions
13 As used in this Part, the following terms shall have the meaning ascribed to
14 them in this Section unless the context clearly indicates otherwise:
15 * * *
16 (3.1) "Aggregate" means the gross weight of an exhibit of evidence.
17 * * *
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HB NO. 165
1 §966. Penalty for distribution or possession with intent to distribute narcotic drugs
2 listed in Schedule I; possession of marijuana, possession of synthetic
3 cannabinoids, possession of and heroin
4 * * *
5 B. Violations of Subsection A. Any person who violates Subsection A of
6 this Section with respect to:
7 * * *
8 (3) A substance classified in Schedule I that is the narcotic drug heroin or a
9 mixture or substance containing a detectable amount of heroin or of its analogues or
10 a mixture or substance containing a detectable amount of heroin or its analogues, or
11 fentanyl or a mixture of substances containing a detectable amount of fentanyl or its
12 analogues, upon conviction for any amount, shall be imprisoned at hard labor for not
13 less than five years nor more than forty years and may, in addition, be required to
14 pay a fine of not more than fifty thousand dollars.
15 C. Possession. It is unlawful for any person knowingly or intentionally to
16 possess a controlled dangerous substance classified in Schedule I unless such
17 substance was obtained directly, or pursuant to a valid prescription or order, from a
18 practitioner or as provided in R.S. 40:978, while acting in the course of his
19 professional practice, or except as otherwise authorized by this Part. Any person
20 who violates this Subsection with respect to:
21 * * *
22 (4) A substance classified in Schedule I that is the narcotic drug heroin or a
23 mixture or substance containing a detectable amount of heroin or of its analogues,
24 or fentanyl or a mixture or substance containing a detectable amount of fentanyl or
25 its analogues, upon conviction for an amount:
26 * * *
27 G. Treatment for heroin and fentanyl addiction as a condition for probation.
28 (1) Upon conviction of Paragraph (B)(3) or (C)(4) of this Section, possession with
29 intent to distribute heroin or fentanyl or possession of heroin or fentanyl, the court
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HB NO. 165
1 may suspend any sentence which it imposes and place the defendant on probation
2 pursuant to Code of Criminal Procedure Article 893. The court may order the
3 division of probation and parole of the Department of Public Safety and Corrections
4 to conduct a presentence investigation, or may order the defendant to obtain a
5 substance abuse evaluation, for the purpose of determining whether the defendant
6 has a substance abuse disorder.
7 * * *
8 §967. Prohibited acts--Schedule II, penalties
9 * * *
10 B. Violations of Subsection A. Any person who violates Subsection A of
11 this Section with respect to:
12 (1) Except as otherwise provided in Paragraphs (2), (3), and (3) (4) of this
13 Subsection, a substance classified in Schedule II for an amount of:
14 * * *
15 (4) Fentanyl or a mixture or substance containing a detectable amount of
16 fentanyl or its analogues, or carfentanil or a mixture or substance containing a
17 detectable amount of carfentanil or its analogues, upon conviction for any amount,
18 shall be imprisoned at hard labor for not less than five years nor more than forty
19 years and may, in addition, be required to pay a fine of not more than fifty thousand
20 dollars.
21 C. Possession. It is unlawful for any person knowingly or intentionally to
22 possess a controlled dangerous substance as classified in Schedule II unless such
23 substance was obtained directly or pursuant to a valid prescription or order from a
24 practitioner, as provided in R.S. 40:978 while acting in the course of his professional
25 practice, or except as otherwise authorized by this Part. Any person who violates
26 this Subsection with respect to:
27 * * *
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1 (4) Fentanyl or a mixture or substance containing a detectable amount of
2 fentanyl or its analogues, or carfentanil or a mixture or substance containing a
3 detectable amount of carfentanil or its analogues, upon conviction for an amount of:
4 (a) An aggregate weight of less than two grams, shall be imprisoned, with
5 or without hard labor, for not less than two years nor more than four years.
6 (b) An aggregate weight of two grams or more but less than twenty-eight
7 grams, shall be imprisoned, with or without hard labor, for not less than two years
8 nor more than ten years and may, in addition, be required to pay a fine of not more
9 than five thousand dollars.
10 * * *
11 E. Treatment for fentanyl or carfentanil addiction as a condition for
12 probation. (1) Upon conviction of Paragraph (B)(4) or (C)(4) of this Section,
13 possession with intent to distribute fentanyl or carfentanil or possession of fentanyl
14 or carfentanil, the court may suspend any sentence which it imposes and place the
15 defendant on probation pursuant to Article 893 of the Code of Criminal Procedure.
16 The court may order the division of probation and parole of the Department of Public
17 Safety and Corrections to conduct a presentence investigation, or may order the
18 defendant to obtain a substance abuse evaluation, for the purpose of determining
19 whether the defendant has a substance abuse disorder.
20 (2) Upon receiving the report or evaluation, the court shall, if it finds
21 probable cause from such report to believe the defendant has a substance abuse
22 disorder, order a contradictory hearing for the purpose of making a judicial
23 determination on whether the defendant has a substance abuse disorder.
24 (3) If, at such contradictory hearing, the court determines that the defendant
25 has a substance abuse disorder, it shall require as a condition of probation that the
26 defendant complete a drug treatment program if the following conditions are met:
27 (a) There is an available program in the local jurisdiction that has sufficient
28 experience in working with criminal justice participants with substance abuse
29 disorders and is certified and approved by the state of Louisiana.
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1 (b) The cost of the approved treatment does not create a substantial financial
2 hardship to the defendant or his dependents. For purposes of this determination,
3 "substantial financial hardship" shall have the same meaning as provided in R.S.
4 15:175.
5 (4) If the offender does not successfully complete the drug treatment
6 program, or otherwise violates the conditions of his probation, the court may revoke
7 the probation or impose other sanctions pursuant to Article 900 of the Code of
8 Criminal Procedure.
9 Section 2.(A) The Louisiana State Law Institute is hereby authorized and directed
10to renumber the terms defined in R.S. 40:961 to ensure that such terms are in alphabetical
11order and to remove the use of decimalization in numbering such terms.
12 (B) The Louisiana State Law Institute is hereby authorized and directed to correct
13the citations in the following provisions to reflect the renumbering of the defined terms in
14R.S. 40:961 as provided by Subsection A of this Section: R.S. 17:416.3(D)(1) and 491.2(A),
15R.S. 37:1360.52(2) and 2371(3), and R.S. 40:971.2(B)(introductory paragraph), 991(B), and
161060.13(A).
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)]
HB 165 Reengrossed 2018 Regular Session Mack
Abstract: Provides a definition of "aggregate" for purposes of determining the weight of
certain controlled dangerous substances, relocates the existing criminal penalties for
fentanyl to correspond to its classification as a Schedule II controlled dangerous
substance, and applies those same criminal penalties to the substance carfentanil.
Present law provides for the Uniform Controlled Dangerous Substances Law which imposes
criminal penalties upon any person who manufactures, produces, distributes, possesses with
the intent to distribute, or possesses a controlled dangerous substance or who engages in
other unlawful acts set forth in present law relative to controlled dangerous substances.
Imposition of certain penalties in present law depend upon the aggregate weight of the
substance involved.
Proposed law retains present law but adds a definition of the term "aggregate" to mean the
gross weight of an exhibit of evidence.
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Present law classifies fentanyl as a Schedule II substance in the Uniform Controlled
Dangerous Substances Law but provides for criminal penalties as follows in the penalty
provisions involving Schedule I substances:
(1)Manufacture or distribution of fentanyl, or a mixture or substance including fentanyl-
penalties include imprisonment at hard labor for five to forty years, and may include
a fine not to exceed $50,000.
(2)Possession of fentanyl or a mixture or substance containing fentanyl - penalties are
as follows:
(a)An aggregate weight of less than two grams - imprisonment, with or without
hard labor, for not less than two years nor more than four years.
(b)An aggregate weight of two grams or more but less than twenty-eight grams -
imprisonment, with or without hard labor, for not less than two years nor
more than ten years and may include a fine of not more than $5,000.
Proposed law retains the present law classification of fentanyl as a Schedule II substance and
retains the present law criminal penalties, but relocates those penalties to the penalty
provisions in Schedule II. Proposed law further applies these present law penalties to
violations involving the substance carfentanil.
Present law authorizes substance abuse treatment and probation in certain cases of
possession or possession with intent to distribute heroin or fentanyl. Requires a
contradictory hearing to determine the presence of a substance abuse disorder, and provides
for the revocation of probation or other sanctions for the failure to complete treatment or
other conditions of probation.
Proposed law retains present law but relocates these provisions applicable to fentanyl to the
penalty provisions in Schedule II, and makes the present law treatment provisions applicable
to carfentanil as well.
(Amends R.S. 40:966(B)(3), (C)(4)(intro. para.), and (G)(1) and 967(B)(1)(intro. para.);
Adds R.S. 40:961(3.1) and 967(B)(4), (C)(4), and (E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Provide that the present law penalties and treatment provisions for fentanyl also
apply to carfentanil.
The House Floor Amendments to the engrossed bill:
1. Make technical corrections.
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