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 Original 2018 Regular Session Mack
Abstract: Provides a definition of "aggregate" for purposes of determining the weight of certain
controlled dangerous substances, and relocates the existing criminal penalties for fentanyl
to correspond to its classification as a Schedule II controlled dangerous substance.
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.
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. 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.
(Amends R.S. 40:966(B)(3), (C)(4)(intro. para.), and (G)(1); Adds R.S. 40:961(3.1) and 967(B)(4),
(C)(4), and (E))