ENROLLED
ACT No. 19
2024 Second Extraordinary Session
HOUSE BILL NO. 8
BY REPRESENTATIVES SCHLEGEL, ADAMS, AMEDEE, BACALA, BAGLEY,
BAYHAM, BILLINGS, BOYER, BRAUD, BUTLER, CARLSON, ROBBY
CARTER, CHENEVERT, COATES, COX, DAVIS, DEVILLIER, DEWITT,
DICKERSON, DOMANGUE, ECHOLS, EDMONSTON, EGAN, EMERSON,
FIRMENT, FONTENOT, GADBERRY, HORTON, ILLG, MIKE JOHNSON,
JACOB LANDRY, MCMAKIN, MYERS, OWEN, RISER, SCHAMERHORN,
SELDERS, THOMPSON, VENTRELLA, VILLIO, WILDER, WILEY, AND
WYBLE AND SENATORS MORRIS AND SEABAUGH
1 AN ACT
2 To enact R.S. 40:967.1, relative to controlled dangerous substances; to provide for the
3 unlawful distribution of fentanyl under certain circumstances; to provide for a
4 penalty; to provide for definitions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:967.1 is hereby enacted to read as follows:
7 ยง967.1. Prohibited acts--Schedule II; distribution of fentanyl with certain
8 characteristics
9 A. Any person who violates the provisions of R.S. 40:967(A) in a manner
10 where there is reasonable appeal to a minor due to the shape, color, taste, or design
11 of the fentanyl or the fentanyl's packaging shall be imprisoned at hard labor for not
12 less than twenty-five years nor more than ninety-nine years without benefit of
13 probation, parole, or suspension of sentence.
14 B. For the purposes of this Section, the following definitions shall apply:
15 (1) "Fentanyl" shall mean a substance or mixture containing a detectable
16 amount of fentanyl or its analogues, or carfentanil or a mixture or substance
17 containing a detectable amount of carfentanil or its analogues.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 8 ENROLLED
1 (2) "Reasonable appeal" shall mean a design of the fentanyl or the fentanyl's
2 packaging, including but not to limited to a resemblance of any of the following:
3 (a) A noncontrolled substance that is primarily consumed by and marketed
4 to minors.
5 (b) The shape of an animal, vehicle, person, or character.
6 (c) Food or beverage that is attractive to minors and that is commonly sold
7 in retail establishments, regardless of whether the food or beverage is generic,
8 trademarked, or a branded product.
9 (d) Candy.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.