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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
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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 analogue,
14 whichever is greater.
15 (2) The addition of up to five 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 five
18 years.
19 (3) This Subsection shall be known and may be cited as "Millie's Law".
20 * * *
21 §1024.1. Exceptions; fentanyl testing equipment
22 Notwithstanding any provision of law to the contrary, the term "drug
23 paraphernalia" shall not include rapid fentanyl test strips (FTS) or any testing
24 equipment or devices solely used, intended for use, or designed to determine
25 whether a substance contains fentanyl or its analogues.
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Coding: Words which are struck through are deletions from existing law;
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The original instrument was prepared by Brandi Cannon. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Whitney Kauffeld.
DIGEST
SB 315 Engrossed 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 is to 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.
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 it 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 that drug paraphernalia does not include rapid
fentanyl test strips or any testing equipment that tests for fentanyl or its analogue.
Effective August 1, 2022.
(Amends R.S. 40:967(B)(4); adds R.S. 40:967(F) and 1024.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Name proposed law relative to knowing misrepresentation "Millie's Law".
2. Add exception for rapid fentanyl test strips to proposed law.
3. Change the additional penalty for an individual who knowingly
misrepresents or knowingly markets a mixture of substance containing
fentanyl from three years to five years.
4. Increase the maximum possible penalty from three years to five years.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.