HLS 23RS-430 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 75
BY REPRESENTATIVES VILLIO, SCHEXNAYDER, AND STEFANSKI AND
SENATORS CATHEY AND HEW ITT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DRUGS/CONTROLLED: Provides relative to penalties for distribution or possession with
intent to distribute fentanyl or carfentanil
1 AN ACT
2To amend and reenact R.S. 40:967(B)(4) and (E)(1), relative to the Uniform Controlled
3 Dangerous Substances Law; to provide relative to penalties for distribution or
4 possession with intent to distribute fentanyl or carfentanil; to provide for aggregate
5 weights; to provide for enhanced penalties; to provide relative to treatment for
6 fentanyl or carfentanil as a condition for probation; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:967(B)(4) and (E)(1) are hereby amended and reenacted to read
10as follows:
11 ยง967. Prohibited acts - Schedule II; penalties
12 * * *
13 B. Violations of Subsection A. Any person who violates Subsection A of
14 this Section with respect to:
15 * * *
16 (4)(a) Fentanyl or a mixture or substance containing a detectable amount of
17 fentanyl or its analogues, or carfentanil or a mixture or substance containing a
18 detectable amount of carfentanil or its analogues, upon conviction for any amount,
19 shall be punished as follows:
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HB NO. 75
1 (a) On conviction of an aggregate weight of less than twenty-eight grams,
2 shall be imprisoned imprisonment at hard labor for not less than five years nor more
3 than forty years, at least five years of which shall be served without benefit of parole,
4 probation, or suspension of sentence, and may, in addition, be required to pay a fine
5 of not more than fifty thousand dollars.
6 (b) On a first conviction of an aggregate weight of twenty-eight grams or
7 more but less than two hundred fifty grams, imprisonment at hard labor for not less
8 than seven years nor more than forty years, at least seven years of which shall be
9 served without benefit of parole, probation, or suspension of sentence, and may, in
10 addition, be required to pay a fine of not more than fifty thousand dollars.
11 (c) On a first conviction of an aggregate weight of two hundred fifty grams
12 or more, imprisonment at hard labor for not less than ten years nor more than forty
13 years, at least ten years of which shall be served without benefit of parole, probation,
14 or suspension of sentence, and may, in addition, be required to pay a fine of not more
15 than fifty thousand dollars.
16 (d) On a second conviction of an aggregate weight of twenty eight grams or
17 more, imprisonment at hard labor for not less than thirty years nor more than forty
18 years, at least ten years of which shall be served without benefit of parole, probation,
19 or suspension of sentence, and may, in addition, be required to pay a fine of not more
20 than five hundred thousand dollars.
21 (e) On a third conviction of an aggregate weight of twenty eight grams or
22 more, imprisonment at hard labor for not less than ninety-nine years without benefit
23 of parole, probation, or suspension of sentence, and may, in addition, be required to
24 pay a fine of not more than five hundred thousand dollars.
25 (b) (f)(i) If the offender unlawfully distributes or dispenses fentanyl or a
26 mixture or substance containing a detectable amount of fentanyl or its analogues, or
27 carfentanil or a mixture or substance containing a detectable amount of carfentanil
28 or its analogues, which is the direct cause of serious bodily injury to the person who
29 ingested or consumed the substance, the offense shall be classified as a crime of
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HB NO. 75
1 violence, and the offender shall be imprisoned at hard labor for not less than five
2 years nor more than forty years. At least five years of the sentence of imprisonment
3 shall be imposed without benefit of probation, parole, or suspension of sentence. In
4 addition, the offender may be required to pay a fine of not more than fifty thousand
5 dollars.
6 (ii) For purposes of this Subparagraph, "serious bodily injury" shall have the
7 same meaning as provided by R.S. 14:2(C).
8 (iii) This Subsection shall be known and may be cited as "Millie's Law".
9 * * *
10 E. Treatment for fentanyl or carfentanil addiction as a condition for
11 probation.
12 (1) Upon conviction of Paragraph (B)(4) or (C)(4) of this Section, possession
13 with intent to distribute fentanyl or carfentanil or possession of fentanyl or
14 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 * * *
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 75 Original 2023 Regular Session Villio
Abstract: Increases the penalties for distribution or possession with intent to distribute
fentanyl or carfentanil and provides for aggregate weights for the substance.
Present law provides that any person who produces, manufactures, distributes, or dispenses
or possesses with the intent to produce, manufacture, distribute, or dispense fentanyl or
carfentanil, upon conviction for any amount, shall be imprisoned at hard labor for not less
than five 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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HB NO. 75
Proposed law provides that upon conviction of an aggregate weight of less than 28 grams,
the offender shall be imprisoned at hard labor for not less than five years nor more than 40
years, at least five years of which shall be served without benefit of parole, probation, or
suspension of sentence, and may, in addition, be required to pay a fine of not more than
$50,000.
Proposed law provides that upon a first conviction of an aggregate weight of 28 grams or
more but less than 250 grams, the offender shall be imprisoned at hard labor for not less than
seven years nor more than 40 years, at least seven years of which shall be served without
benefit of parole, probation, or suspension of sentence, and may, in addition, be required to
pay a fine of not more than $50,000.
Proposed law provides that upon a first conviction of an aggregate weight of 250 grams or
more, the offender shall be imprisoned at hard labor for not less than 10 years nor more than
40 years, at least 10 years of which shall be served without benefit of parole, probation, or
suspension of sentence, and may, in addition, be required to pay a fine of not more than
$50,000.
Proposed law provides that upon a second conviction of an aggregate weight of 28 grams
or more, the offender shall be imprisoned at hard labor for not less than 30 years nor more
than 40 years, at least 10 years of which shall be served without benefit of parole, probation,
or suspension of sentence, and may, in addition, be required to pay a fine of not more than
$500,000.
Proposed law further provides that upon a third conviction of an aggregate weight of 28
grams or more, the offender shall be imprisoned at hard labor for not less than 99 years
without benefit of parole, probation, or suspension of sentence, and may, in addition, be
required to pay a fine of not more than $500,000.
Present law provides that if an offender unlawfully distributes fentanyl or carfentanil which
is the direct cause of serious bodily injury to the person who ingested or consumed the
substance, the offender shall be imprisoned at hard labor for not less than five years nor
more than 40 years. At least five years of the sentence shall be served without benefit of
probation, parole, or suspension of sentence. In addition, the offender may be required to
pay a fine of not more than $50,000.
Proposed law retains present law.
Present law authorizes the court to suspend any sentence imposed upon a defendant and
place the defendant on probation upon conviction of possession with intent to distribute
fentanyl or carfentanil or possession of fentanyl or carfentanil.
Proposed law removes the authority of the court to suspend any sentence imposed upon a
defendant and place the defendant on probation upon conviction of possession with intent
to distribute fentanyl or carfentanil.
(Amends R.S. 40:967(B)(4) and (E)(1))
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