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.
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))