HLS 23RS-112 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 90
BY REPRESENTATIVE STEFANSKI
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)(a) and (E)(1), relative to the Uniform Controlled
3 Dangerous Substances Law; to provide relative to penalties for fentanyl or
4 carfentanil; to provide for penalties for an aggregate weight of less than twenty-eight
5 grams; to provide for penalties for an aggregate weight of twenty-eight grams or
6 more; to provide relative to treatment for fentanyl or carfentanil as a condition of
7 probation; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:967(B)(4)(a) 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 an amount,
19 of:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-112 ORIGINAL
HB NO. 90
1 (i) An aggregate weight of less than twenty-eight grams, shall be imprisoned
2 at hard labor for not less than five years nor more than forty years and may, in
3 addition, be required to pay a fine of not more than fifty thousand dollars.
4 (ii) An aggregate weight of twenty-eight grams or more, shall be sentenced
5 to life imprisonment at hard labor without benefit of parole, probation, or suspension
6 of sentence, and may, in addition, be required to pay a fine of not more than fifty
7 thousand dollars.
8 * * *
9 E. Treatment for fentanyl or carfentanil addiction as a condition for
10 probation.
11 (1) Upon conviction of Paragraph Item (B)(4)(a)(i), Subparagraph (B)(4)(b),
12 or Paragraph (C)(4) of this Section, possession with intent to distribute fentanyl or
13 carfentanil or possession of fentanyl or carfentanil, the court may suspend any
14 sentence which it imposes and place the defendant on probation pursuant to Article
15 893 of the Code of Criminal Procedure. The court may order the division of
16 probation and parole of the Department of Public Safety and Corrections to conduct
17 a presentence investigation, or may order the defendant to obtain a substance abuse
18 evaluation, for the purpose of determining whether the defendant has a substance
19 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 90 Original 2023 Regular Session Stefanski
Abstract: Provides relative to penalties for distribution of fentanyl or carfentanil of an
aggregate weight of less than 28 grams and an aggregate weight of 28 grams or
more.
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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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-112 ORIGINAL
HB NO. 90
Proposed law provides that upon conviction of present law for 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 and may, in addition, be required to pay a fine of not more than $50,000.
Proposed law further provides that upon conviction of an aggregate weight of 28 grams or
more, the offender shall be sentenced to life imprisonment at hard labor without benefit of
parole, probation, or suspension of sentence.
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 retains present law for possession with intent to distribute fentanyl or
carfentanil of an aggregate weight of less than 28 grams, distribution which causes serious
bodily injury, and possession of fentanyl or carfentanil.
(Amends R.S. 40:967(B)(4)(a) and (E)(1))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.