§967.1. Prohibited acts-Schedule II; distribution of fentanyl with certain characteristics
A. Any person who violates the provisions of R.S. 40:967(A) with respect to
fentanyl, where the fentanyl or packaging of the fentanyl reasonably appeals to a minor, 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. Any person who violates the provisions of R.S. 40:967(A) with respect to
fentanyl, where the fentanyl or packaging of the fentanyl is designed to resemble branded
prescription medication or its generic equivalent, shall be imprisoned at hard labor for not
less than ten years nor more than forty years without benefit of probation, parole, or
suspension of sentence.
C. 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) "Reasonably appeals to a minor" shall mean a design of the fentanyl or the
fentanyl's packaging that, due to the shape, color, taste, or design, includes but is not 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; Acts 2024, No. 85, §1.