Louisiana Revised Statutes 40:967.1 – Prohibited acts-Schedule II; distribution of fentanyl with certain characteristics
Terms Used In Louisiana Revised Statutes 40:967.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes any institution whether public or private, hospitals or clinics operated by the state or any of its political subdivisions, and any corporation, association, partnership, or one or more individuals. See Louisiana Revised Statutes 40:961
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. Any person who violates the provisions of La. Rev. Stat. 40:967(A) in a manner where there is reasonable appeal to a minor due to the shape, color, taste, or design of the fentanyl or the fentanyl’s packaging shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years without benefit of probation, parole, or suspension of sentence.
B. For the purposes of this Section, the following definitions shall apply:
(1) “Fentanyl” shall mean a substance or mixture 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.
(2) “Reasonable appeal” shall mean a design of the fentanyl or the fentanyl’s packaging, including but not to limited to a resemblance of any of the following:
(a) A noncontrolled substance that is primarily consumed by and marketed to minors.
(b) The shape of an animal, vehicle, person, or character.
(c) Food or beverage that is attractive to minors and that is commonly sold in retail establishments, regardless of whether the food or beverage is generic, trademarked, or a branded product.
(d) Candy.
Acts 2024, 2nd Ex. Sess. No. 19, §1.