§967. Prohibited acts - Schedule II; penalties
A. Manufacture; distribution. Except as authorized by this Part or by Part VII-B of
Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any
person knowingly or intentionally:
(1)To produce, manufacture, distribute, or dispense or possess with intent to
produce, manufacture, distribute, or dispense, a controlled dangerous substance or controlled
substance analogue classified in Schedule II.
(2)To create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule II.
B. Violations of Subsection A. Any person who violates Subsection A of this
Section with respect to:
(1)Except as otherwise provided in Paragraphs (2), (3), and (4) of this Subsection
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§967. Prohibited acts - Schedule II; penalties
A. Manufacture; distribution. Except as authorized by this Part or by Part VII-B of
Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any
person knowingly or intentionally:
(1) To produce, manufacture, distribute, or dispense or possess with intent to
produce, manufacture, distribute, or dispense, a controlled dangerous substance or controlled
substance analogue classified in Schedule II.
(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule II.
B. Violations of Subsection A. Any person who violates Subsection A of this
Section with respect to:
(1) Except as otherwise provided in Paragraphs (2), (3), and (4) of this Subsection,
a substance classified in Schedule II for an amount of:
(a) An aggregate weight of less than twenty-eight grams, shall be imprisoned, with
or without hard labor, for not less than one year nor more than ten years and may, in addition,
be fined not more than fifty thousand dollars.
(b) An aggregate weight of twenty-eight grams or more, shall be imprisoned at hard
labor for not less than one year nor more than twenty years and may, in addition, be fined not
more than fifty thousand dollars.
(2)(a) Production or manufacturing of amphetamine or methamphetamine shall be
sentenced to imprisonment at hard labor for not less than ten years nor more than thirty years,
at least ten years of which shall be served without benefit of parole, probation, or suspension
of sentence, and in addition may be sentenced to pay a fine of not more than five hundred
thousand dollars.
(b) This Subparagraph shall be cited as the "Child Endangerment Law". When the
state proves in addition to the elements of the crime as set forth in Subsection A of this
Section that a minor child twelve years of age or younger is present in the home, mobile
home or other inhabited dwelling at the time of the commission of the offense, the minimum
mandatory sentence shall be fifteen years without benefit of parole, probation, or suspension
of sentence.
(3) Production or manufacturing of cocaine or cocaine base or a mixture or substance
containing cocaine or its analogues as provided in Schedule II(A)(4) of R.S. 40:964 or
oxycodone as provided in Schedule II(A)(1)(p) of R.S. 40:964 or methadone as provided in
Schedule II(B)(15) of R.S. 40:964 shall be sentenced to imprisonment at hard labor for not
less than ten nor more than thirty years, at least ten years of which shall be served without
benefit of parole, probation, or suspension of sentence, and may be fined not more than five
hundred thousand dollars.
(4) Fentanyl or a mixture or substance containing a detectable amount of fentanyl or
its analogues, or carfentanil or a mixture or substance containing a detectable amount of
carfentanil or its analogues, shall be punished as follows:
(a) On conviction of an aggregate weight of less than twenty-eight grams,
imprisonment at hard labor for not less than five years nor more than forty 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 fifty thousand
dollars.
(b) On a first conviction of an aggregate weight of twenty-eight grams or more but
less than two hundred fifty grams, imprisonment at hard labor for not less than seven years
nor more than forty 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 fifty thousand dollars.
(c) On a second conviction of an aggregate weight of twenty eight grams or more but
less than two hundred fifty grams, imprisonment at hard labor for not less than thirty years
nor more than forty years, at least ten 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 five hundred thousand dollars.
(d) On a third conviction of an aggregate weight of twenty eight grams or more but
less than two hundred fifty grams, imprisonment at hard labor for not less than ninety-nine
years without benefit of parole, probation, or suspension of sentence, and may, in addition,
be required to pay a fine of not more than five hundred thousand dollars.
(e) On conviction of an aggregate weight of two hundred fifty grams or more, life
imprisonment at hard labor, at least twenty-five years of which shall be served without
benefit of parole, probation, or suspension of sentence.
(f)(i) If the offender unlawfully distributes or dispenses fentanyl or a mixture or
substance containing a detectable amount of fentanyl or its analogues, or carfentanil or a
mixture or substance containing a detectable amount of carfentanil or its analogues, which
is the direct cause of serious bodily injury to the person who ingested or consumed the
substance, the offense shall be classified as a crime of violence, and the offender shall be
imprisoned at hard labor for an additional period of five years without benefit of probation,
parole, or suspension of sentence. The additional penalty imposed pursuant to this
Subparagraph shall be served consecutively to the sentence imposed under this Paragraph.
(ii) For purposes of this Subparagraph, "serious bodily injury" shall have the same
meaning as provided by R.S. 14:2(C).
(iii) This Subsection shall be known and may be cited as "Millie's Law".
C. Possession. It is unlawful for any person knowingly or intentionally to possess a
controlled dangerous substance as classified in Schedule II unless such substance was
obtained directly or pursuant to a valid prescription or order from a practitioner, as provided
in R.S. 40:978 while acting in the course of his professional practice, or except as otherwise
authorized by this Part. Any person who violates this Subsection with respect to:
(1) An aggregate weight of less than two grams, shall be imprisoned, with or without
hard labor, for not more than two years and, in addition, may be sentenced to pay a fine of
not more than five thousand dollars.
(2) An aggregate weight of two grams or more but less than twenty-eight grams shall
be imprisoned, with or without hard labor, for not less than one year nor more than five years
and, in addition, may be sentenced to pay a fine of not more than five thousand dollars.
(3) Phencyclidine, for an amount of an aggregate weight of less than twenty-eight
grams, shall be imprisoned at hard labor for not less than one year nor more than twenty
years, or required to pay a fine of not more than five thousand dollars, or both.
(4) Fentanyl or a mixture or substance containing a detectable amount of fentanyl or
its analogues, or carfentanil or a mixture or substance containing a detectable amount of
carfentanil or its analogues, upon conviction for an amount of:
(a) An aggregate weight of less than two grams, shall be imprisoned, with or without
hard labor, for not less than two years nor more than four years.
(b) An aggregate weight of two grams or more but less than twenty-eight grams, shall
be imprisoned, with or without hard labor, for not less than two years nor more than ten years
and may, in addition, be required to pay a fine of not more than five thousand dollars.
D. If a person knowingly or intentionally possesses a controlled substance as
classified in Schedule II, unless such substance was obtained directly or pursuant to a valid
prescription or order from a practitioner, as provided in R.S. 40:978 while acting in the
course of his professional practice, where the amount of the controlled substance is an
aggregate weight of twenty-eight grams or more, it shall be considered a violation of
Subsection A of this Section.
E. Treatment for fentanyl or carfentanil addiction as a condition for probation.
(1) Upon conviction of Paragraph (C)(4) of this Section, possession of fentanyl or
carfentanil, the court may suspend any sentence which it imposes and place the defendant on
probation pursuant to Code of Criminal Procedure Article 893. The court may order the
division of probation and parole of the Department of Public Safety and Corrections to
conduct a presentence investigation, or may order the defendant to obtain a substance abuse
evaluation, for the purpose of determining whether the defendant has a substance abuse
disorder.
(2) Upon receiving the report or evaluation, the court shall, if it finds probable cause
from such report to believe the defendant has a substance abuse disorder, order a
contradictory hearing for the purpose of making a judicial determination on whether the
defendant has a substance abuse disorder.
(3) If, at such contradictory hearing, the court determines that the defendant has a
substance abuse disorder, it shall require as a condition of probation that the defendant
complete a drug treatment program if the following conditions are met:
(a) There is an available program in the local jurisdiction that has sufficient
experience in working with criminal justice participants with substance abuse disorders and
is certified and approved by the state of Louisiana.
(b) The cost of the approved treatment does not create a substantial financial
hardship to the defendant or his dependents. For purposes of this determination, "substantial
financial hardship" shall have the same meaning as provided in R.S. 15:175.
(4) If the offender does not successfully complete the drug treatment program, or
otherwise violates the conditions of his probation, the court may revoke the probation or
impose other sanctions pursuant to Article 900 of the Code of Criminal Procedure.