GREEN SHEET REDIGEST
HB 90 2023 Regular Session Stefanski
DRUGS/CONTROLLED. Provides relative to penalties for distribution or possession
with intent to distribute fentanyl or carfentanil.
DIGEST
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, will 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 will be imprisoned at hard labor for not less than five years nor more than 40
years, at least five years of which must 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 will be imprisoned at hard labor for not less than
seven years nor more than 40 years, at least seven years of which must 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 will be imprisoned for life at hard labor, at least 25 years of which must
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 will be imprisoned at hard labor for not less than 30 years nor more than
40 years, at least 10 years of which must 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 will 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 will be imprisoned at hard labor for not less than five years nor more
than 40 years. At least five years of the sentence must 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 otherwise 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.
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Prepared by Whitney Kauffeld. Present law provides a list of certain enumerated present law offenses that are designated as
crimes of violence. Further provides that distribution of fentanyl or carfentanil that causes
serious bodily injury is a crime of violence.
Proposed law retains present law and changes the citation reference of distribution of
fentanyl or carfentanil that causes serious bodily injury.
(Amends R.S. 14:2(B)(58) and R.S. 40:967(B)(4) and (E)(1))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
engrossed bill
1. Make distinction between penalties based upon weights on certain
substances.
2. Make technical amendments.
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Prepared by Whitney Kauffeld.