New Laws - Drug Offenses
The Louisiana Legislature this year amended the Schedule II penalties with regard to Fentanyl and established a new offense for the production, manufacturing, distribution, or possession of Xylazine.
Louisiana Revised Statutes 40:967 has been amended, with regard to Fentanyl, to increase the penalties as follows:
For a conviction involving less than 28 grams, the penalty shall be imprisonment at hard labor for not less than 5 years nor more than 40 years, and a fine of up to $50,000. The legislature established a mandatory minimum penalty of 5 years without benefit of probation, parole, or suspension of sentence.
For a first conviction of 28 grams or more but less than 250 grams, the penalty shall be imprisonment at hard labor for not less than 7 years nor more than 40 years, at least 7 years of which shall be without benefit of probation, parole, or suspension of sentence (and a fine).
For a second conviction of 28 grams or more but less than 250 grams, the penalty shall be imprisonment at hard labor for not less than 30 years nor more than 40 years, at least 10 years of which shall be without benefit of probation, parole, or suspension of sentence (and a fine).
For a third conviction of 28 grams or more but less than 250 grams, the penalty shall be imprisonment or hard labor for not less than 99 years without benefit of probation, parole, or suspension of sentence (and a fine).
Distribution which “is the direct cause of serious bodily injury to the person who ingested or consumed the substance”:
Shall be classified as a crime of violence
Penalty shall be imprisonment at hard labor for an additional period of five years without benefit of probation, parole, or suspension of sentence to be served consecutively.
La. R.S. 40:967.
The Louisiana legislature also enacted Louisiana Revised Statutes 40:989.4 - Unlawful production, manufacturing, distribution, or possession of Xylazine
A.(1) It shall be unlawful for any person to knowingly or intentionally produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute Xylazine.
(2) Whoever violates the provisions of this Subsection shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years, and, in addition, may be required to pay a fine of not more than fifteen thousand dollars.
B.(1) it shall be unlawful for any person to knowingly or intentionally possess Xylazine.
(2) Whoever violates the provisions of this Subsection shall be imprisoned for not more than six months and, in addition, may be required to pay a fine of not more than five hundred dollars.
C. The provisions of this Section shall not apply to the following:
(a) The production, manufacturing, distribution, or possession of Xylazine in the course of a legitimate veterinary practice.
(b) The production, manufacturing, distribution, or possession of Xylazine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian.
(c) The possession of Xylazine pursuant to a valid prescription from a licensed veterinarian.
D. As used in this Section, “Xylazine” means Xylazine and any salt, sulfate, isomer, homologue, analogue, or other preparation of Xylazine, and any salt, isomer, compound, derivative, precursor, homologue, analogue, or other preparation thereof that is substantially chemically equivalent or identical to Xylazine.
La. R.S. 40:989.4.
If you or someone you know is facing prosecution for a drug offense, give us a call at (318) 459-9111 to set up a consult.