SLS 22RS-458 ORIGINAL
2022 Regular Session
SENATE BILL NO. 315
BY SENATOR WOMACK
CONTROL DANGER SUBSTANCE. Provides relative to fentanyl. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 40:967(B)(4) and to enact R.S. 40:967(F) and 1024.1, relative
3 to fentanyl; to provide for enhanced criminal penalties for certain acts involving
4 fentanyl; to provide for the possession or sale of fentanyl testing equipment; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:967(B)(4) is hereby amended and reenacted and R.S. 40:967(F)
8 and 1024.1 are hereby enacted to read as follows:
9 §967. Prohibited acts - Schedule II, penalties
10 * * *
11 B. Violations of Subsection A. Any person who violates Subsection A of this
12 Section with respect to:
13 * * *
14 (4)(a) Fentanyl or a mixture or substance containing a detectable amount of
15 fentanyl or its analogues, or carfentanil or a mixture or substance containing a
16 detectable amount of carfentanil or its analogues, upon conviction for any amount,
17 shall be imprisoned at hard labor for not less than five years nor more than forty
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 315
SLS 22RS-458 ORIGINAL
1 years and may, in addition, be required to pay a fine of not more than fifty thousand
2 dollars.
3 (b) If an individual knowingly misrepresented or knowingly marketed
4 a mixture or substance containing fentanyl or a fentanyl analogue as another
5 substance, the individual may be subject to enhanced penalties as provided for
6 in Subsection F of this Section.
7 * * *
8 F. If an individual knowingly misrepresented or knowingly marketed a
9 mixture or substance containing fentanyl or a fentanyl analogue as another
10 substance, the individual may be subject to the following enhanced penalties:
11 (1) In addition to the penalties provided in Paragraph (B)(4) of this
12 Section, be fined an amount not more than $100,000 or the full street value of
13 the controlled or counterfeit substance or controlled substance analog,
14 whichever is greater.
15 (2) The addition of up to three years may be added to the term of
16 imprisonment imposed by the court pursuant to Paragraph (B)(4) of this
17 Section, and the maximum sentence for the offense shall be increased by three
18 years.
19 * * *
20 §1024.1 Exceptions; fentanyl testing equipment
21 Notwithstanding any other provision of this Part to the contrary, a
22 person may possess, deliver, or sell testing equipment designed to detect the
23 presence of fentanyl or any synthetic controlled substance fentanyl analogue.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Brandi Cannon.
DIGEST
SB 315 Original 2022 Regular Session Womack
Present law provides that it is illegal to produce, manufacture, distribute, or dispense or
possess with intent to produce, manufacture, distribute, or dispense fentanyl or a fentanyl
analogue. Present law further provides that a person who violates present law shall be
imprisoned at hard labor for not less than 5 years nor more than 40 years and may, in
addition, be required to pay a fine of not more than $50,000.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 315
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Proposed law retains present law and provides for enhanced penalties if an individual
knowingly misrepresented or knowingly marketed a mixture or substance containing
fentanyl or a fentanyl analogue as another substance.
Present law provides that is unlawful for any person or corporation, knowing, or under
circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange,
or otherwise distribute to any person any drug paraphernalia. Present law defines "drug
paraphernalia".
Proposed law retains present law but provides an exception for any person who possesses,
delivers, or sells testing equipment designed to detect the presence of fentanyl or any
synthetic controlled substance fentanyl analogue.
Effective August 1, 2022.
(Amends R.S. 40:967(B)(4); adds R.S. 40:967(F) and 1024.1)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.