Fentanyl

The laws about the distribution of fentanyl have changed, effective August 1, 2024. If you are convicted of distribution of fentanyl, where the fentanyl or packaging of fentanyl reasonably appeals to a minor, you 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.

 The Legislature does outline what would reasonably appeal to a minor regarding packaging. They specifically say that, due to the shape, color, taste, or design, it includes, but is not limited to, resemblance of the following:

1. A non-controlled substance that is consumed by and marketed to minors; 
2. The shape of an animal, vehicle, person, or character;
3. Food or beverage that is attractive to minors that are commonly sold in retail establishments, regardless of whether the food or beverage is generic, trademarked, or a branded product;
4. Candy

The laws about the distribution of fentanyl are located in LA.R.S. 40.967.1. This law has changed drastically under the current Legislative session. Because fentanyl leads to death in so many people, the Louisiana legislature increased penalties to protect children.

 Additionally, if the fentanyl or the packaging of the fentanyl is designed to resemble branded prescription medication or its generic equivalent, the term of imprisonment at hard labor is not less than ten years nor more than forty years, without the benefit of probation, parole or suspension of sentence.  

Keep in mind the laws and interpretations are continually changing. As rulings come down from different courts and jurisdictions, these rules are apt to change. 

If you or someone you know has a question about the fentanyl or a fentanyl charge pending, do not hesitate to contact the law office of Larrion L. Hillman at 318-549-9810. This blog is not intended as legal advice, nor does it form an attorney-client relationship. Larrion Hillman practices criminal defense in Caddo Parish, Webster Parish, and Bossier Parish, Louisiana. 

And remember, keep calm and let Hillman handle it.