Louisiana Revised Statutes 40:981.2 – Soliciting minors to produce, manufacture, distribute, or dispense controlled dangerous substances
Terms Used In Louisiana Revised Statutes 40:981.2
- Controlled dangerous substance: means any substance defined, enumerated, or included in federal or state statute or regulations, 21 C. See Louisiana Revised Statutes 40:961
- Conviction: A judgement of guilt against a criminal defendant.
- Dispense: means to deliver a controlled dangerous substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See Louisiana Revised Statutes 40:961
- Distribute: means to deliver a controlled dangerous substance whether by physical delivery, administering, subterfuge, furnishing a prescription, or by filling, packaging, labeling or compounding the substance pursuant to the lawful order of a practitioner. See Louisiana Revised Statutes 40:961
- Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. See Louisiana Revised Statutes 40:961
- 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. No person eighteen years of age or older shall solicit, procure, or counsel any person under eighteen years of age to produce, manufacture, distribute, or dispense or possess with the intent to produce, manufacture, distribute, or dispense, in violation of any provision of La. Rev. Stat. 40:966 through La. Rev. Stat. 40:970, any controlled dangerous substance listed in Schedules I, II, III, IV, or V, or to distribute or attempt to distribute, in violation of La. Rev. Stat. 40:989, a chemical substance commonly known as “rush”.
B. Except as provided in Subsection C of this Section, any person who violates the provisions of this Section shall upon conviction be punished by a term of imprisonment of not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of La. Rev. Stat. 40:966 through 970, or by a fine of not more than twice that authorized by such applicable provisions, or both.
C. Any person eighteen years of age or older who violates the provisions of this Section by soliciting, procuring, or counseling a person under eighteen years of age to distribute or to attempt to distribute cocaine, oxycodone, heroin, methamphetamine, or methadone in violation of La. Rev. Stat. 40:967(A) or (B) shall be sentenced to a term of imprisonment at hard labor for not less than ten nor more than thirty years, at least ten years of which shall be served without benefit of parole, probation, or suspension of sentence.
Acts 1988, No. 885, §1; Acts 1989, No. 372, §1; Acts 1991, No. 837, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2005, No. 337, §1; Acts 2006, No. 68, §1; Acts 2012, No. 616, §1, eff. June 7, 2012.