RÉSUMÉ DIGEST
ACT 148 (SB 49) 2023 Regular Session Hewitt
Existing law provides that whoever commits the crime of creation or operation of a
clandestine laboratory for the unlawful manufacture of a controlled dangerous substance is
to be sentenced to imprisonment at hard labor for five to 15 years, and in addition may be
fined up to $25,000.
New law provides increased penalties for the creation or operation of a clandestine laboratory
for the unlawful manufacture of a substance containing fentanyl or carfentanil as follows:
(1)On a first conviction, the defendant will be imprisoned for not less than 10 nor more
than 40 years, at least 10 years of which must be served without benefit of parole,
probation, or suspension of sentence, and in addition may be fined not more than
$50,000.
(2)On a second conviction, the defendant will be imprisoned for not less than 30 nor
more than 40 years, at least 10 years of which must be served without benefit of
parole, probation, or suspension of sentence, and in addition may be fined of not
more than $500,000.
(3)On a third or subsequent conviction, the defendant will be imprisoned for not less
than 99 years, to be served without benefit of parole, probation, or suspension of
sentence, and in addition may be fined not more than $500,000.
New law otherwise retains existing law.
Effective August 1, 2023.
(Amends R.S. 40:983(C) and (D))