RÉSUMÉ DIGEST
ACT 399 (HB 90) 2023 Regular Session Stefanski
Prior law (R.S. 40:967(B)(4)) provided that any person who produced, manufactured,
distributed, dispensed, or possessed 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.
New 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.
New 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.
New law provides that upon a second 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 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.
New law further provides that upon a third 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 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.
New law provides that upon conviction of an aggregate weight of 250 grams or more, the
offender shall be imprisoned for life at hard labor, at least 25 years of which shall be served
without benefit of parole, probation, or suspension of sentence.
Prior law provided that if an offender unlawfully distributed fentanyl or carfentanil which
was 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 have been required to pay
a fine of not more than $50,000.
New law provides that an offender who unlawfully distributes fentanyl or carfentanil which
is the direct cause of serious bodily injury to the person who ingested or consumed the
substance shall be imprisoned at hard labor for an additional period of five years without
benefit of probation, parole, or suspension of sentence. Such additional imprisonment
penalty shall be served consecutively to the sentence imposed for distribution or possession
with intent to distribute fentanyl or carfentanil.
Prior law authorized 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.
New 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.
Existing law (R.S. 14:2(B)) provides for a list of certain enumerated existing 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.
New law changes the citation reference of distribution of fentanyl or carfentanil that causes
serious bodily injury. Effective August 1, 2023.
(Amends R.S. 14:2(B)(58) and R.S. 40:967(B)(4) and (E)(1))