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 186 Original 2018 Regular Session Marino
Abstract: Provides relative to the penalties imposed upon persons who attempt or conspire to
distribute or possess with the intent to distribute a Schedule I controlled dangerous substance
that is a narcotic drug.
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.
Present law further provides for the following penalties for the attempt or conspiracy to commit any
offense set forth in the Uniform Controlled Dangerous Substances Law:
(1)Except as provided in Paragraph (2) below, the person shall be fined or imprisoned in the
same manner as for the offense planned or attempted, but such fine or imprisonment shall
not exceed ½ the longest term of imprisonment prescribed for the offense, the commission
of which was the object of the attempt or conspiracy.
(2)If the person attempts or conspires to distribute or possess with the intent to distribute a
Schedule I controlled dangerous substance that is a narcotic drug, the person shall be
imprisoned at hard labor for not less than eight nor more than 50 years without benefit of
parole, probation or suspension of sentence and may, in addition, be required to pay a fine
of not more than $10,000.
Proposed law removes the present law penalty provisions relative to persons who attempt or conspire
to distribute or to possess with the intent to distribute a Schedule I controlled dangerous substance
that is a narcotic drug. Such persons shall be subject to the present law penalties set forth in
Paragraph (1) above, which is retained by proposed law.
(Amends R.S. 40:979)