A person who violates R.S. 40:967(A) involving fentanyl faces prison at hard labor if the fentanyl or its packaging either appeals to a minor or resembles branded prescription medication.
§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.