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.
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))