La. Stat. Ann. § 40:967

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(A)(1) makes it unlawful to knowingly or intentionally distribute a Schedule II controlled substance, and § 40:967(B)(4)(b) requires a cocaine-distribution sentence of two to thirty years at hard labor with the first two years without parole, probation, or suspension.

State v. Smith · filed 2012-10-03(A)(1) and (B)(4)(b)

La. R.S. 40:967(B)(4)(b) provides that any person who is convicted of distribution of cocaine: [S]hall be sentenced to a term of imprisonment at hard labor for not less than two years nor more than thirty years, with the first two years of said sentence being without benefit of parole, probation, or suspension of sentence. ... La. R.S. 40:967(A)(1) provides that it shall be unlawful for any person “knowingly or intentionally ... [t]o ... distribute, or dispense, a controlled dangerous substance ... classified in Schedule II.”

Law changed since Acts 2001, No. 403 reduced the former cocaine-distribution minimum and benefit restriction from five years to two; Acts 2017, No. 281 replaced the former drug-specific § 40:967(B) penalties with aggregate-weight tiers. Earlier offenses may still use the applicable former rule, subject to La. R.S. 15:308(B).

Section 40:967(B)(4)(b), together with the drug-free-zone provision in § 40:981.3, sets the punishment for cocaine distribution at two to forty-five years at hard labor with a $50,000 fine and requires the first two years without parole, probation, or suspension of sentence.

State v. Jones · filed 2010-10-26(B)(4)(b)

Pursuant to La. R.S. 40:981.3 and La. R.S. 40:967, the sentencing range for distribution of cocaine in a drug-free zone is between two and 45 years at hard labor with a fine of $50,000.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(B)(4)(b) sets a two-to-thirty-year hard-labor sentencing range for distribution of cocaine, with the first two years without parole, probation, or suspension of sentence, and permits a fine up to $50,000.

State v. Henderson · filed 2011-03-02(B)(4)(b)

Each count carries a sentencing range of 2 to 30 years. La. R.S. 40:967.

Law changed since Same change as noted above.

Section 40:967(B)(1) requires five to thirty years of hard-labor imprisonment for cocaine distribution and permits a fine of up to $15,000.

State v. Williams · filed 1992-12-23(B)(1)

The penalty provision for distribution of cocaine requires the imposition of a term of imprisonment at hard labor for not less than five years nor more than thirty years. Additionally, the trial court may impose a fine of not more than fifteen thousand dollars. La.R.S. 40:967(B)(1). Thus, defendant's sentence of five years imprisonment at hard labor complies with the statutory requirements.

Law changed since Same change as noted above.

Section 40:967 sets a five-to-thirty-year hard-labor prison range and permits an additional fine for distribution of cocaine.

State v. Roberts · filed 1997-12-10

La.R.S. 40:967 provides that a person convicted of distribution of cocaine will be sentenced to a term of imprisonment at hard labor for not less than five years nor more than thirty years; and may, in addition, be sentenced to pay a fine of not more Rthan fifty thousand dollars.

Law changed since Acts 2001, No. 403 reduced the former cocaine-distribution minimum and benefit restriction from five years to two; Acts 2017, No. 281 replaced the former drug-specific § 40:967(B) penalties with aggregate-weight tiers. Earlier offenses may still use the applicable former rule, subject to La. R.S. 15:308(B).

Section 40:967(B)(4)(b) sets a five-to-thirty-year hard-labor penalty for cocaine distribution, requires the first five years to be served without parole, probation, or suspension, and permits a fine up to $50,000.

State v. Iron · filed 2001-02-14(B)(4)(b)

The penalty for distribution of cocaine as set forth in La.R.S. 40:967(B)(4)(b) is five to thirty years at hard labor, the first five to be served without benefit of parole, probation or suspension of sentence. A fine of up to $50,000 may also be imposed. In this case, the Defendant received twenty years at hard labor, five years suspended, and the first five years to be served without benefit of parole, probation or suspension of sentence. No fine was imposed. Thus, the Defendant's midrange sentence falls within the statutory limits.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(B) sets the penalty for cocaine distribution at five to thirty years at hard labor, with an optional fine of up to $15,000, making five years the minimum sentence.

State v. Grogan · filed 2001-05-02(B)

The penalty for distribution of cocaine at the time the offense was committed was five to thirty years at hard labor and an optional fine of not more than $15,000.00. La.R.S. 40:967(B). Thus, the Defendant received the minimum sentence allowed, five years at hard labor.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) subjects the offense at issue to a sentence of two to thirty years and a possible fine of up to $50,000.

State v. Collins · filed 2003-10-08(B)(4)(b)

Under La.R.S. 40:967(B)(4)(b), Defendant was subject to a sentence from two to thirty years and a possible fine of up to $50,000.00.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) sets cocaine-distribution punishment at two to thirty years at hard labor, with the first two years without parole, probation, or suspension of sentence, and permits an additional fine of up to $50,000.

State v. Skipper · filed 2003-12-10(B)(4)(b)

The penalty for distribution of cocaine is given in La.R.S. 40:967(B)(4)(b) as follows: *801a term of imprisonment at hard labor for not less than two years nor more than thirty years, with the first two years of said sentence being without benefit of parole, probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine of not more than fifty thousand dollars.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) makes distributing cocaine punishable by two to thirty years at hard labor, with the first two years without parole, probation, or suspension of sentence, and permits a fine up to $50,000.

State v. Jones · filed 2006-03-28(B)(4)(b)

Employing both of the foregoing statutes, the Defendant's sentencing range for Count One was two to 45 years' imprisonment at hard labor, without benefit of parole, probation or suspension of sentence for the first two years.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) sets a two-to-thirty-year hard-labor sentencing range for cocaine distribution, with the first two years served without benefit of probation, parole, or suspension of sentence.

State of Louisiana v. Semien · filed 2007-01-31(B)(4)(b)

The sentencing range for distribution of cocaine is two to thirty years at hard labor, with the first two years of the sentence to be served without benefit of probation, parole, or suspension of sentence. La.R.S. 40:967(B)(4)(b).

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) makes cocaine distribution punishable by two to thirty years at hard labor, with the first two years without parole, probation, or suspension, plus a discretionary fine of up to $50,000.

State of Louisiana v. Rogers · filed 2010-05-05(B)(4)(b)

Under La.R.S. 40:967(B)(4)(b), distribution of cocaine is punishable by “a term of imprisonment at hard labor for not less than two years nor more than thirty years, with the first two years of said sentence being without benefit of parole, probation, or suspension of sentence” and also by a discretionary fine of not more than $50,000. Being convicted of an attempted distribution of cocaine reduced Defendant’s sentencing and fine exposure by half. La.R.S. 14:27(D)(3). Thus, the penalty range for attempted distribution of cocaine was zero to fifteen years at hard labor. Therefore, Defendant’s ten-year hard labor sentence fits within the statutory sentencing range for the offense; it is two-thirds the maximum penalty provided by law.

Law changed since Same change as noted above.

Section 40:967 supplies the underlying maximum penalty for cocaine distribution, which, together with the attempt statute, results in a 15-year maximum sentence for attempted distribution of cocaine.

State v. Cook · filed 2008-04-30

The maximum sentence of incarceration for attempted distribution of cocaine is 15 years at hard labor. La. R.S. 40:967; La. R.S. 14:27; State v. Myles, 34,520 (La.App. 2d Cir.5/9/01), 786 So.2d 906.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) requires two to thirty years at hard labor for distributing cocaine, with the first two years without parole, probation, or suspension of sentence.

State v. Nelson · filed 2013-01-16(B)(4)(b)

As stated in the law and discussion portion of this opinion, La. R.S. 40:96T(B)(4)(b) sets the penalty for this offense, and provides for a term of imprisonment at hard labor for not less than two nor more than 30 years, with the first two years of said sentence being without benefit of parole, probation, or suspension of sentence.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) makes distribution of cocaine punishable by up to 30 years in prison.

State v. Heard · filed 2002-07-17(B)(4)(b)

Defendant's crimes of first degree robbery and purse snatching are, pursuant to La. R.S. *458 14:2(13), crimes of violence and his conviction for distribution of cocaine, a violation of the Uniform Controlled Dangerous Substances Law, is one that is punishable for a maximum of 30 years. See La. R.S. 40:967(B)(4)(b).

Law changed since Acts 2017, No. 281 repealed former § 40:967(F) large-quantity possession penalties and § 40:967(G) benefit restrictions; revised (D) treats unauthorized possession of at least 28 grams as a Subsection A violation. Earlier offenses may still use the former provisions.

Section 40:967(F)(1)(c) does not require proof of the defendant's actual possession or dominion and control when the State proves he was a principal under La. R.S. 14:24, and § 40:967(G) requires at least 30 years of the sentence to be without suspension, probation, or parole.

State v. Franklin · filed 1997-04-16(F)(1)(c), (G)

The applicable statute is La.R.S. 40:967(F)(1)(c) which read at the time of the offense: ... (c) Any person who knowingly or intentionally possesses four hundred grams or more of cocaine or of a mixture or substance containing a detectable amount of cocaine or of its analogues as provided in Schedule II(A)(4) of R.S. 40:964, shall be sentenced to serve a term of imprisonment at hard labor of not less than fifteen years, nor more than thirty years and to pay a fine of not less than two hundred fifty thousand dollars, nor more than six hundred thousand dollars. ... The state need not prove actual possession or actual dominion and control over a controlled dangerous substance when the state proves that a defendant is a principal in the crime under LSA-R.S. 14:24. ... For this offense, La.R.S. 40:967(G) requires that the sentence for at least 30 years be without suspension, probation, or parole; in this respect the trial court imposed the minimum sentence.

Law changed since Same change as noted above.

For possession of 28 grams or more but less than 200 grams of cocaine, § 40:967(F)(1)(a) requires imprisonment and a $50,000–$100,000 fine, while § 40:967(G) restricts suspension, deferral, withholding, probation, and parole before the minimum sentence is served.

State v. Major · filed 2002-10-02(F)(1)(a) and (G)

Mr. Major was convicted of possession of cocaine in an amount of twenty-eight grams or more, but less than two hundred grams, a violation of La. R.S. 40:967 C. Pursuant to La. R.S. 40:967 F(l)(a), the applicable sentence for that offense is imprisonment at hard labor for not less than ten years, nor more than sixty years, and a fine of not less than fifty thousand dollars, nor more than one hundred thousand dollars. La. R.S. 40:967(G) requires that the adjudication of guilt or imposition of a sentence under L¿. R.S. 40:967(F) “shall not be suspended, deferred, or withheld, nor shall such person be eligible for probation or parole prior to serving the minimum sentences provided by Subsection F.” By failing to impose a fine on Mr. Major, the trial court imposed an illegally lenient sentence. We, however, decline to remand for correction of that patent sentencing error.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(C)(2) makes possession of cocaine punishable by a maximum of five years, while § 40:967(B)(1) makes distribution of cocaine punishable by five to thirty years.

State v. Keys · filed 1997-05-07(B)(1), (C)(2)

It is true that the instant offense (as well as one of the predicate offenses) was possession of cocaine, which carries a maximum sentence of only five years. R.S. 40:967 C(2). However, the amended bill of information alleged that one of the predicate offenses was for distribution of cocaine, which carries a sentence of not less than five nor more than 30 years. R.S. 40:967 B(1).

Law changed since Same change as noted above.

Section 40:967(B)(1) authorizes five to thirty years at hard labor and a fine of up to $50,000 for distribution of cocaine; an attempted-distribution sentence is governed in part by the attempt statute.

State v. Spradley · filed 1998-11-06(B)(1)

At the time the crimes were committed, the penalty for a defendant convicted of distribution of cocaine was a term of imprisonment at hard labor for not less than five years nor more than thirty years and in addition a fine of not more than fifty thousand dollars. See La. R.S. 40:967(B)(1)(prior to its amendment by 1997 La. Acts No. 1284, § 1). The penalty for a conviction of attempted distribution of cocaine was imprisonment for not more than fifteen years at hard labor and a fine of not more than twenty-five thousand dollars. See La. R.S. 14:27(D)(3) and 40:967(B)(1). Thus, the defendant's sentences of thirty years for each conviction of distribution of cocaine and fifteen years for his conviction of attempted distribution of cocaine were within the statutory requirements.

Law changed since Acts 2001, No. 403 reduced the former cocaine-distribution minimum and benefit restriction from five years to two; Acts 2017, No. 281 replaced the former drug-specific § 40:967(B) penalties with aggregate-weight tiers. Earlier offenses may still use the applicable former rule, subject to La. R.S. 15:308(B).

Section 40:967(B)(4)(b) requires cocaine distribution to be punished by five to thirty years at hard labor, with the first five years without parole, probation, or suspension of sentence, and permits a fine up to $50,000.

State v. King · filed 2000-02-02(B)(4)(b)

The sentence range for distribution of cocaine is set forth in La.R.S. 40:967 B(4)(b) as follows: Distribution, dispensing, or possession with intent to produce, manufacture, distribute or dispense cocaine or cocaine base or a mixture or substance containing cocaine or its analogues as provided in Schedule II(A)(4) of R.S. 40:964 shall be sentenced to a term of imprisonment at hard labor for not less than five years nor more than thirty years, with the first five years of said sentence being without benefit of parole, probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine of not more than fifty thousand dollars.

Law changed since Acts 2017, No. 281 repealed former § 40:967(F) large-quantity possession penalties and § 40:967(G) benefit restrictions; revised (D) treats unauthorized possession of at least 28 grams as a Subsection A violation. Earlier offenses may still use the former provisions.

Subsection (F)(1)(a) sets the imprisonment range for possessing 28 grams or more but less than 200 grams of cocaine, while subsection (G)'s restriction on suspension does not bar probation or parole for an attempted offense when the attempt statute eliminates the underlying offense's minimum sentence.

State v. Rodriguez · filed 2001-02-14(F)(1)(a), (G)

La. R.S. 40:967(F)(1)(a) provides that a person convicted of possessing cocaine in the amount of twenty-eight grams or more, but less than two hundred grams, shall be sentenced to imprisonment at hard labor for not less than ten years, nor more than sixty years. La. R.S. 40:967(G) provides that the sentence of a person sentenced under Subsection F shall not be suspended. The provision bars a defendant's eligibility for probation or parole only prior to his serving the minimum sentence. Defendant was convicted of an attempt. La. R.S. 14:27 provides that a person convicted of an attempt of the variety in the instant case shall be imprisoned in the same manner as for the offense attempted, with such imprisonment not exceeding one-half of the longest term of imprisonment prescribed for the offense so attempted. Thus, there effectively is no minimum sentence for a person convicted of attempted possession of cocaine in an amount more than twenty-eight grams but less than two hundred grams. Therefore, defendant's sentence must be amended to delete the provision denying him the benefits of probation and parole.

Law changed since Same change as noted above.

Section 40:967(C) requires knowing and intentional possession of cocaine, and § 40:967(F)(1)(b) requires a $100,000 to $350,000 fine for possessing 200 to 400 grams, with a mandatory minimum fine of $100,000.

State v. Furgerson · filed 2001-03-02(C); (F)(1)(b)

Possession of a controlled dangerous substance is defined in La. R.S. 40:967C as the knowing and intentional possession of cocaine without a valid prescription or order from a practitioner while acting in the course of his profession. ... La. R.S. 40:967F(1)(b), provides, in pertinent part: ... Any person who knowingly or intentionally possesses two hundred grams or more, but less than four hundred grams, of cocaine or of a mixture or substance containing a detectable amount of cocaine or of its analogues as provided in Schedule II(A)(4) of La. R.S. 40:964, shall be sentenced to serve a term of imprisonment at hard labor of not less than twenty years, nor more than sixty years, and to pay a fine of not less than one hundred thousand dollars, nor more than three hundred fifty thousand dollars. (Emphasis added.) ... The court, however, was mandated to impose a fine of at least $100,000.00.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

For cocaine distribution, § 40:967(B)(4)(b) provides 5 to 30 years at hard labor, with the first 5 years without parole, probation, or suspension of sentence, and permits a fine up to $50,000; combined with § 40:981.3 for a first drug-free-zone conviction, it yields a 15-to-30-year term with 15 years without those benefits.

State v. McCraney · filed 2001-09-25(B)(4)(b)

A conviction for distribution of cocaine carries a sentence of imprisonment at hard labor for not less than five years nor more than 30 years, with the first five years being served without benefit of parole, probation or suspension of sentence. The court may also impose a fine of not more than $50,000.00. La.R.S. 40:967(B)(4)(b). ... Construing this provision with La. R.S. 40:967(B)(4)(b), we conclude that the court was required to sentence this defendant, as a first time offender under La. R.S. 40:981.3, to a fine of $50,000 and imprisonment for a term between 15 and 30 years, with 15 years being served without benefit of parole, probation or suspension of sentence.

Law changed since Acts 2001, No. 403 reduced the former cocaine-distribution minimum and benefit restriction from five years to two; Acts 2017, No. 281 replaced the former drug-specific § 40:967(B) penalties with aggregate-weight tiers. Earlier offenses may still use the applicable former rule, subject to La. R.S. 15:308(B).

Section 40:967(B)(4)(b) sets a five-to-thirty-year hard-labor penalty for cocaine distribution, requires the first five years to be served without parole, probation, or suspension of sentence, and permits a fine of up to $50,000 per count.

State v. Dillon · filed 2002-02-26(B)(4)(b)

The penalty for distribution of cocaine is imprisonment at hard labor for not less than five years nor more than thirty years, with the first five years of the sentence to be served without benefit of parole, probation, or suspension of sentence. In addition, the trial judge may impose a fine of not more than fifty thousand dollars on each count. La. R.S. 40:967(B)(4)(b).

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(B)(4)(b) sets a thirty-year hard-labor maximum, rather than life imprisonment or death, and provides the same penalty for cocaine distribution and possession with intent to distribute.

State v. Delandro · filed 2002-05-10(B)(4)(b)

The maximum legislative penalty provided for this felony is imprisonment at hard labor for thirty years, not life imprisonment or death. La. R.S. 40:967 B(4)(b). ... We also note that the defendant incorrectly argues that the amendment resulted in the defendant being charged with a greater offense and subjected to greater penalties. This argument is unfounded. The applicable statute, La. R.S. 40:967 B(4)(b), provides the same penalty for both charges.

Law changed since Acts 2001, No. 403 reduced the former cocaine-distribution minimum and benefit restriction from five years to two; Acts 2017, No. 281 replaced the former drug-specific § 40:967(B) penalties with aggregate-weight tiers. Earlier offenses may still use the applicable former rule, subject to La. R.S. 15:308(B).

Subsection (B)(4)(b) sets a five-to-thirty-year hard-labor sentence for cocaine distribution, with the first five years without parole, probation, or suspension, and permits a fine up to $50,000.

State v. Marcotte · filed 2002-05-15(B)(4)(b)

[A] term of imprisonment at hard labor for not less than five years nor more than thirty years, with the first five years of said sentence being without benefit of parole, probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine of not more than fifty thousand dollars.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(B)(4)(b) makes distribution of cocaine and possession of cocaine with intent to distribute offenses punishable by imprisonment for ten years or more.

State v. Zeigler · filed 2006-01-25(B)(4)(b)

Zeigler's instant offense (distribution of cocaine committed on September 9, 2003) and two predicate offenses (distribution of cocaine in 1991 committed on June 24, 1991, and possession of cocaine with intent to distribute committed on October 15, 1998) are violations of the Uniform Controlled Dangerous Substances Law punishable by ten years imprisonment or more. La. R.S. 40:967(B)(4)(b). Therefore, under the habitual offender statute as it existed at the time of the commission of this offense (September 9, 2003), Zeigler was subject to an enhanced mandatory minimum sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) makes cocaine distribution punishable by more than ten years, while § 40:967(C)(2) makes cocaine possession punishable by no more than five years.

State v. Zeigler · filed 2006-12-20(B)(4)(b) (C)(2)

Defendant's present conviction for distribution of cocaine, and his 1992 conviction for distribution of cocaine are both convictions under the Uniform Controlled Dangerous Substances Law which are punishable by more than ten years. La. R.S. 40:967(B)(4)(b). Defendant's conviction for possession of cocaine is not punishable by more than ten years and, therefore, does not qualify defendant for a life sentence under this subsection of La. R.S. 15:529.1.

Law changed since Same change as noted above.

For cocaine distribution, subsection (B)(4)(b) requires the first two years of the sentence to be served without parole, probation, or suspension of sentence, and authorizes a fine of up to $50,000.

State v. McCray · filed 2007-07-30(B)(4)(b)

La. R.S. 40:967 is the applicable provision for distribution of cocaine and subsection B(4)(b) provides that the first two years of the sentence is to be served without parole, probation, or suspension of sentence. ... La. R.S. 40:967 B(4)(b) provides that a fine of "not more than fifty thousand dollars" may be imposed.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) imposes two to thirty years at hard labor for cocaine distribution, with the first two years without parole, probation, or suspension of sentence, and permits a fine of up to $50,000.

State v. Watkins · filed 2007-11-21(B)(4)(b)

La. R.S. 40:967(B)(4)(b) sets the penalty for distribution of cocaine, and provided, at the time of the defendant's arrest, for imprisonment at hard labor for not less than two nor more than thirty years, with the first two years of the sentence being without the benefit of parole, probation or suspension of sentence. The statute also provided, in addition to the term of imprisonment, that the defendant could be fined not more than fifty thousand dollars.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) requires cocaine distribution to be punished by two to thirty years at hard labor, with the first two years without parole, probation, or suspension of sentence, and permits a fine of up to $50,000.

State of Louisiana v. Simon · filed 2008-01-30(B)(4)(b)

The penalty for the distribution of cocaine is set forth in La.R.S.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) sets cocaine distribution and possession-with-intent-to-distribute penalties at two to thirty years at hard labor, with the first two years without benefits, plus a discretionary fine of up to $50,000.

State v. Harris · filed 2008-01-30(B)(4)(b)

Pursuant to La. R.S. 40:967(B)(4)(b), the sentencing range for both distribution of cocaine and possession of cocaine with intent to distribute is imprisonment at hard labor for not less than 2 years nor more than 30 years, 2 years of which to be served without benefit of parole, probation or suspension of sentence, and a discretionary fine of not more than $50,000.

Law changed since Acts 2017, No. 281 replaced the former substance-based § 40:967(C) possession penalties with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(C)(2) makes cocaine possession punishable by imprisonment with or without hard labor for up to five years and a possible fine of up to $5,000.

State of Louisiana v. Insley · filed 2009-11-04(C)(2)

Here, the underlying felony is the possession of cocaine, which carries a penalty of imprisonment with or without hard labor for not more than five years, and a possible fine of not more than five thousand dollars. La.R.S. 40:967(C)(2). Thus, Defendant’s maximum sentencing exposure was five years, as this was the lesser penalty. Because Defendant pled guilty to the lesser included offense of attempt, his maximum sentencing exposure was further reduced.

Law changed since Acts 2017, No. 281 repealed former § 40:967(F) large-quantity possession penalties and § 40:967(G) benefit restrictions; revised (D) treats unauthorized possession of at least 28 grams as a Subsection A violation. Earlier offenses may still use the former provisions.

For possession of 28 to 199 grams of cocaine, § 40:967(F)(1)(a) requires a $50,000 to $150,000 fine, while § 40:967(G) requires specified restrictions on probation, parole, and suspension of sentence.

State v. Williams · filed 2012-12-11(F)(1)(a), (G)

First, we note that defendant received an illegally lenient sentence on Count Two under La. R.S. 40:967(F)(l)(a), which requires a fine between $50,000 and $150,000. ... Next, we note that defendant’s sentence on Count Two and defendant’s enhanced sentence were imposed without restriction of benefits. With respect to Count Two, La. R.S. 40:967(F)(l)(a) and La. R.S. 40:967(G) mandate a minimum sentence of five years. As such, the first five years of the sentence should have been imposed without benefit of probation or parole and defendant’s entire sentence should have been imposed without suspension of sentence.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(B)(4)(b) requires a cocaine-distribution sentence of two to thirty years at hard labor, with the first two years without parole, probation, or suspension of sentence, and permits a fine of up to $50,000.

State v. Hackett · filed 2013-08-21(B)(4)(b)

La. R.S. 40:967 B(4)(b) requires that a person convicted of distribution of cocaine be sentenced to a term of imprisonment at hard labor for not less than two years nor more than thirty years, with the first two years of the sentence being without benefit of parole, probation, or suspension of sentence; the defendant may, in addition, be ordered to pay a fine of not more than $50,000.

Law changed since Same change as noted above.

Section 40:967(A)(1) makes cocaine distribution punishable by 2 to 30 years at hard labor, with the first 2 years without parole, probation, or suspension of sentence, and permits a fine of up to $50,000.

State v. Johnson · filed 2013-11-20(A)(1)

The sentencing range for distribution of cocaine is a term of imprisonment at hard labor for not less than 2, nor more than 30, years, with the first 2 years being without benefit of parole, probation, or suspension of |fisentence. In addition, the sentence may include a fine of not more than $50,000. La. R.S. 40:967(A)(1).

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) makes distribution of cocaine punishable by more than ten years’ imprisonment.

State v. Harris · filed 2013-12-11(B)(4)(b)

Additionally, both the distribution of marijuana and dis*701tribution of cocaine convictions were for violations of the controlled dangerous substances law and |swere punishable by sentences of more than ten years. See La. R.S. 40:966(B)(3); La.R.S. 40:967(B)(4)(b).

Law changed since Acts 2017, No. 281 repealed former § 40:967(F) and (G); the current statute uses § 40:967(D) for unauthorized possession of at least 28 grams. The cited former provision applies only to older offenses.

Section 40:967(F)(c) requires proof that the defendant knowingly possessed more than four hundred grams of cocaine, and constructive possession satisfies the possession element.

State v. Alvarez · filed 2001-07-18(F)(c)

To support a conviction for possession of cocaine, the State must prove that the defendant was in possession of the illegal drugs and that she knowingly possessed it. State v. Lavigne, 95-0204 (La. App. 4 Cir. 5/22/96), 675 So.2d 771, writ denied, 96-1738 (La.1/10/97), 685 So.2d 140. Additionally, the State was required to prove that 17the amount of cocaine possessed was an amount in excess of four hundred grams. The State need not prove that the defendant was in actual physical possession of the cocaine; constructive possession is sufficient to support a conviction. State v. Trahan, 425 So.2d 1222 (La.1983).

Law changed since Acts 2001, No. 403 reduced the former large-quantity cocaine possession range; Acts 2017, No. 281 later repealed § 40:967(F) and (G), with revised (D) treating unauthorized possession of at least 28 grams as a Subsection A violation. Earlier offenses may still use the applicable former penalty.

Section 40:967(F) requires a person who knowingly or intentionally possesses 400 grams or more of cocaine to receive 30 to 60 years at hard labor and a fine of $250,000 to $600,000.

State v. Cormier · filed 1997-10-15(F)

The defendant did not receive a fine for count two (2) although one is mandated by the penalty provision of La.R.S. 40:967(F). That provision states: Any person who knowingly or intentionally possesses four hundred grams or more of cocaine or of a mixture or substance containing a detectable amount of cocaine or of its analogues as provided in Schedule 11(A)(4) of R.S. 40:964, shall be sentenced to serve a term of imprisonment at hard labor of not less than thirty years, nor more than sixty years and to pay a fine of not less than two- hundred fifty thousand dollars, nor more than six hundred thousand dollars. Therefore, defendant received an illegally lenient sentence.

Law changed since Same change as noted above.

Section 40:967(F)(l)(c) sets the penalty range for possessing 400 grams or more of cocaine, and its 1994 amendment doubled that range.

State v. Cormier · filed 1999-10-08(F)(l)(c)

The 1994 amendment of La.R.S. 40:967(F)(l)(c), doubling the penalty range for possession of 400 grams or more of cocaine, reflects the legislature’s renewed concern for the seriousness of the offense. Given this clear expression of legislative intent, the factual basis articulated by the trial court adequately supported the sentence imposed at the midpoint of the range provided by the statute as amended.

Law changed since Acts 2017, No. 281 repealed former § 40:967(F) large-quantity possession penalties and § 40:967(G) benefit restrictions; revised (D) treats unauthorized possession of at least 28 grams as a Subsection A violation. Earlier offenses may still use the former provisions.

Section 40:967(F)(1)(c) mandates a $250,000.00 to $600,000.00 fine for possessing 400 grams or more of cocaine, even when the defendant is indigent, although default imprisonment for nonpayment may not be imposed.

State v. Major · filed 2005-03-02(F)(1)(c)

Louisiana Revised Statutes 40:967(F)(1)(c) requires the imposition of a fine of not less than $250,000.00 or more than $600,000.00. ... Following Dickerson, we find that the trial court in the present case, even in light of its determination that Major was indigent, should have imposed the mandatory fine but without imposing default time under La.Code Crim.P. art. 884. ... Therefore, we vacate the sentence and remand the case for resentencing. If, upon remand, the trial court finds that Major is indigent, it is to impose the mandatory fine without ordering default time in the event of nonpayment.

Law changed since Same change as noted above.

Subsection (F)(1)(a) makes knowing or intentional possession of 28 grams or more but less than 200 grams of cocaine punishable by five to thirty years at hard labor and a $50,000 to $150,000 fine.

State of Louisiana v. Edwards · filed 2007-06-13(F)(1)(a)

In conclusion, we find that although the State did not prove all the elements essential of La.R.S. 40:981.3 regarding possession in a school zone, the remaining offense of possession of a Schedule II substance, in violation of La.R.S. 40:967(F)(1)(a), is supported by the evidence. ... Thus, in accordance with Ruiz, we vacate the Defendant’s conviction and sentence for possession of more than 28 grams, but less than 200 grams of cocaine, second offense, and enter a conviction for the lesser offense of possession of more than 28 grams, but less than 200 grams of cocaine. Further, we remand the case for resentencing on this conviction.

Law changed since Same change as noted above.

Section 40:967(F)(1)(b) provides a ten-to-thirty-year hard-labor sentence and a $100,000.00 to $350,000.00 fine for possessing more than 200 but less than 400 grams of cocaine.

State of Louisiana v. Broussard · filed 2013-04-17(F)(1)(b)

Defendant was convicted of a violation of La.R.S. 40:967. The applicable penalty provision for possessing more than 200 grams of cocaine but less than 400 grams of cocaine is contained in Section F(1)(b) of La.R.S. 40:967. It provides a sentence of ten to thirty years at hard labor with a fine of $100,000.00 to $350,000.00.

Law changed since Same change as noted above.

Section 40:967(F)(1)(c) sets a 15-to-30-year hard-labor sentence and a $250,000-to-$600,000 fine for knowingly or intentionally possessing 400 grams or more of cocaine, while subsection (G) bars suspension, deferral, withholding, probation, or parole until the minimum sentence is served.

State of Louisiana v. Bell-Brayboy · filed 2020-07-22(F)(1)(c), (G)

F. Other penalties for possession.

Law changed since Acts 2017, No. 281 repealed former § 40:967(F) and (G); the current statute uses § 40:967(D) for unauthorized possession of at least 28 grams. The cited former provision applies only to older offenses.

Section 40:967(F)(1)(a) applies to knowing or intentional possession of cocaine weighing 28 to less than 200 grams, and constructive possession satisfies the possession element even without actual physical custody.

State v. Lewis · filed 2007-09-19(F)(1)(a)

In the instant case, the elements of the offense are that: (1) the defendant knowingly or intentionally possessed cocaine; and (2) the amount of cocaine possessed was between 28 and 200 grams. La. R.S. 40:967(F)(1)(a). One need not actually possess the controlled dangerous substance to violate the prohibition against possession. Constructive possession is sufficient. A person may be in constructive possession of a drug even though it is not in his physical custody if it is subject to his dominion and control.

Law changed since Same change as noted above.

Section 40:967(F)(1)(c) requires proof that the defendant possessed at least 400 grams of cocaine and knowingly and intentionally possessed it; possession may be actual or constructive.

State v. Major · filed 2004-12-01(F)(1)(c)

The defendant in the instant case was charged with possession of cocaine in excess of 400 grams, a violation of La. R.S. 40:967(F)(1)(c). ... Possession of narcotic drugs can be established by actual physical possession or by constructive possession.

Law changed since Acts 2001, No. 403 reduced the former cocaine-distribution minimum and benefit restriction from five years to two; Acts 2017, No. 281 replaced the former drug-specific § 40:967(B) penalties with aggregate-weight tiers. Earlier offenses may still use the applicable former rule, subject to La. R.S. 15:308(B).

For possession with intent to distribute cocaine, subsection (B)(4) requires a five-to-thirty-year hard-labor sentence with the first five years served without parole, probation, or suspension of sentence, and permits a fine of up to $50,000.

State v. Griffin · filed 2001-12-05(B)(4)

The Louisiana Code of Criminal Procedure requires that the first five years of the sentence for possession of cocaine with intent to distribute be without benefit of probation, parole or suspension of sentence. ... (b) Distribution, dispensing, or possession with intent to produce, manufacture, distribute or dispense cocaine or cocaine base or a mixture or substance containing cocaine or its analogues as provided in Schedule 11(A)(4) of R.S. 40:964 shall be sentenced to a term of imprisonment at hard labor for not less than five years nor more than thirty years, with the first five years of said sentence being without benefit of parole, probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine of not more than fifty thousand dollars. ... The trial court in the case sub judice, however, imposed an illegally lenient sentence of ten years at hard labor, with benefit of parole consideration.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(B)(1) requires a person who violates its provision to be sentenced to five to thirty years of imprisonment at hard labor.

State v. Blanchard · filed 1997-10-29(B)(1)

La.R.S. 40:967(B)(1) states “any person who violates this provision shall be sentenced to imprisonment at hard labor for not less than five years nor more than thirty years.” ... The trial court has wide discretion in imposing sentence, and a sentence imposed within statutory limits is not necessarily constitutionally excessive absent manifest abuse of discretion.

Law changed since Acts 2001, No. 403 reduced the former cocaine-distribution minimum and benefit restriction from five years to two; Acts 2017, No. 281 replaced the former drug-specific § 40:967(B) penalties with aggregate-weight tiers. Earlier offenses may still use the applicable former rule, subject to La. R.S. 15:308(B).

Section 40:967(B)(4)(b) requires the first five years of a qualifying cocaine-distribution sentence to be served without parole, probation, or suspension of sentence.

State v. Sanders · filed 1999-05-19(B)(4)(b)

The trial court failed to specify that the first five years of each sentence be served without benefit of parole, probation, or suspension of sentence as required by LSA-R.S. 40:967 B(4)(b). When restrictions on parole, probation, and suspension of sentence are placed on a sentence by law and the trial judge fails to impose them, the sentence is "illegally lenient."

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) requires 5 to 30 years of hard labor for the offense, with the first five years served without parole, probation, or suspension of sentence.

State v. Jones · filed 2000-03-01(B)(4)(b)

La. R.S. 40:967(B)(4)(b) provides the applicable sentence which is "imprisonment at hard labor for not less than five years nor more than thirty years, with the first five years of said sentence being served without benefit of parole, probation, or suspension of sentence...." The trial court did not order that the defendant serve the first five years of his sentence without benefit, and the state has not appealed this sentencing error. As such, we may not correct this illegality nor may we remand the matter for re-sentencing.

Law changed since Same change as noted above.

Section 40:967 requires the first five years of a sentence for distribution of cocaine to be served without benefit of parole, probation, or suspension of sentence.

State v. Harris · filed 2000-05-03

The sentence imposed on the distribution conviction is illegally lenient. The trial court sentenced defendant to serve twenty years at hard labor but failed to state that the first five years of the sentence was to be served without benefit of parole, probation or suspension of sentence as required by La. R.S. 40:967.

Law changed since Acts 2001, No. 403 reduced the methamphetamine-distribution minimum from five to two years; Acts 2017, No. 281 replaced the former drug-specific § 40:967(B) penalties with aggregate-weight ranges. Earlier offenses may still use the applicable former penalty.

Section 40:967(B)(1) sets a five-to-thirty-year hard-labor sentencing range for distribution of methamphetamine.

State v. Watson · filed 2002-06-12(B)(1)

The prison sentence exposure for distribution of methamphetamine is a hard labor term of not less than five years nor more than thirty years. La. R.S. 40:967(B)(1). ... Watson's ten year sentence at hard labor is well within the statutory limits for his guilty plea to count two, attempted distribution of methamphetamine. La. R.S. 40:967(B)(1); La. R.S. 40:979(A).

Law changed since Acts 2001, No. 403 reduced the former cocaine-distribution minimum and benefit restriction from five years to two; Acts 2017, No. 281 replaced the former drug-specific § 40:967(B) penalties with aggregate-weight tiers. Earlier offenses may still use the applicable former rule, subject to La. R.S. 15:308(B).

For a 1998 cocaine-distribution offense, § 40:967(B)(4)(b) authorized five to 30 years' imprisonment, with only the first five years without parole, probation, or suspension of sentence.

State v. Frazier · filed 2004-03-30(B)(4)(b)

The statute in effect at the time of the Defendant's offense in 1998 provided for a penalty ranging from five to 30 years of imprisonment, with only the first five years of the sentence being served without the benefit of parole, probation or suspension of sentence. La.R.S. 40:967(B)(4)(b).

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) required five years of a cocaine-distribution sentence to be served without parole, probation, or suspension, while making a fine of up to $50,000 optional.

State v. Jones · filed 2006-09-20(B)(4)(b)

The trial court sentenced Ms. Jones to ten years' imprisonment with the Department of Corrections, but did not impose the first five years of the sentence without parole[5]. However, this omission is cured by the operation of La. R.S. 15:301.1, and requires no correction on appeal. The trial court elected not to impose the optional fine.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Subsection (A) provides a two-to-thirty-year imprisonment range for distribution of cocaine.

State of Louisiana v. Lemelle · filed 2006-09-27(A)

Louisiana Revised Statutes 40:967(A) provides for imprisonment of no less than two years and no more than thirty years. Defendant was sentenced to one-half the possible term of imprisonment.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) makes 30 years the longest prescribed sentence for a first conviction of distribution of cocaine, which supplies the mandatory minimum for a fourth felony offender under the Habitual Offender Law.

State v. Zeigler · filed 2007-10-24(B)(4)(b)

Because Zeigler was convicted of distribution of cocaine, the mandatory minimum sentence that could be imposed upon him as a fourth felony offender was 30 years. La. R.S. 40:967(B)(4)(b).

Law changed since Same change as noted above.

For distribution of cocaine, it sets imprisonment at hard labor for two to thirty years and requires the first two years to be served without parole, probation, or suspension of sentence.

State of Louisiana v. Jackson · filed 2009-05-06(B)(4)(b)

The defendant received a legal sentence for the offense to which he pled guilty as the incarceration sentencing range for distribution of cocaine is imprisonment at hard labor for two to thirty years, with the first two years being without benefit of parole, probation, or suspension of sentence. La.R.S. 40:967(B)(4)(b). Thus, the sentence is in the lower range for the offense charged, and the record suggests that the defendant is a third-felony offender.

Law changed since Same change as noted above.

For cocaine distribution under the version in effect on November 1, 2007, § 40:967(B)(4)(b) required only the first two years of the sentence to be served without benefit of parole, probation, or suspension of sentence.

State v. Moore · filed 2009-08-26(B)(4)(b)

The version of La. R.S. 40:967(B)(4)(b) in effect at the time of the crime on November 1, 2007, provided that only the first two years of the sentence be imposed without benefit of parole, probation or suspension of sentence. Accordingly, we will amend the sentence to set aside that portion which provides for a period in excess of two years to be served without benefit of parole, probation or suspension of sentence.

Law changed since Same change as noted above.

Section 40:967(B)(1) sets a two-to-thirty-year hard-labor sentence and a fine of up to $50,000 for distributing a Schedule II controlled dangerous substance.

State of Louisiana v. Davis · filed 2009-10-07(B)(1)

The defendant was convicted of distribution of a controlled dangerous substance, a violation of La.R.S. 40:967(A)(1). The sentencing range for that offense is imprisonment at hard labor for not less than two years nor more than thirty years and a fine of not more than fifty thousand dollars. La.R.S. 40:967(B)(1).

Law changed since Same change as noted above.

For distribution of cocaine, § 40:967 requires only the first two years of the sentence to be served without benefit of parole, probation, or suspension of sentence.

State v. Nickles · filed 2011-04-13(B)(4)(b)

La. R.S. 40:967 provides that only the first two years of a sentence for distribution of cocaine are to be served without benefit of parole, probation, or suspension of sentence. Accordingly, we amend the defendant’s sentence to provide that only the first two years of the sentence are to be served without benefit of parole.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) sets a 2-to-30-year hard-labor sentencing range for distribution of cocaine, with the first two years without parole, probation, or suspension of sentence, and permits a fine up to $50,000.

State v. Palmer · filed 2012-09-20(B)(4)(b)

The penalty for a conviction of distribution of cocaine shall be a sentence of imprisonment at hard labor for not less than 2 years nor more than 30 years, with the first 2 years of said sentence being without the benefit of parole, probation or suspension of sentence; and may, in addition, include a fíne of not more than $50,000. La. R.S. 40:967(B)(4)(b). ... The sentences are squarely within the statutory ranges and far less than half of the possible maximum allowable sentences.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) sets cocaine-distribution punishment at two to thirty years at hard labor, with the first two years without parole, probation, or suspension of sentence, and permits a fine of up to $50,000.

State v. Davis · filed 2013-11-20(B)(4)(b)

According to La. R.S. 40:967(B)(4)(b), a person convicted of distribution of cocaine “shall be sentenced to a term of imprisonment at hard labor for not less than two years nor more than thirty years, with the first two years of said sentence being without benefit of parole, probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine of not more than fifty thousand dollars.” ... Twenty years is within the sentencing range of two to 30 years, allowed by La. R.S. 40:967(B)(4)(b).

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) provides a two-to-thirty-year sentencing range for a violation of § 40:967(A)(1), distribution of cocaine.

State v. Celestain · filed 2014-07-30(B)(4)(b)

In this case, the statutory range for violation of La. R.S. 40:967(A)(1), distribution of cocaine, is two to thirty years. See La. R.S. 40:967(B)(4)(b).

Law changed since Same change as noted above.

For cocaine offenses involving distribution or possession with intent to distribute, Section 40:967(B)(4) requires two to thirty years at hard labor, with the first two years served without parole, probation, or suspension of sentence.

State v. Dowell · filed 2016-08-10(B)(4)(a) and (B)(4)(b)

Ms. Dowell’s most recent conviction for possession with the intent to distribute cocaine carries a sentence of “imprisonment at hard labor for not less | fithan two years nor more than thirty-years, with the first two years of said sentence being without benefit of parole, probation, or suspension of sentence.” La. R.S. 40:967 B(4)(a).

Law changed since Acts 2017, No. 281 replaced the former substance-based § 40:967(C) possession penalties with aggregate-weight ranges; earlier offenses may still use the former penalty.

At the time of the offense, La. R.S. 40:967(C) authorized imprisonment with or without hard labor for not more than five years for a conviction involving possession of cocaine.

State v. Stokes · filed 2016-12-07(C)

At the time the offenses were committed, a conviction under La. R.S. 14:95.1 carried a term of imprisonment at hard labor for not less than ten nor more than twenty years without the benefit of probation, parole, or suspension of sentence; a conviction under La. R.S. 40:967(C) carried a term of imprisonment with or without hard labor for not more than five years; and a conviction under La. R.S. 14:108.2 carried either a fine and/or a term of imprisonment with or without hard labor for not less than one year nor more than three years.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967 requires a cocaine-distribution sentence to be at hard labor for two to thirty years, with the first two years without parole, probation, or suspension of sentence.

State v. Brown · filed 2016-12-07

La. R.S. 40:967 provides that the penalty for distribution of cocaine is “a term of imprisonment at hard labor for not less than two years nor more than thirty years, with the first two years of said sentence being without benefit of parole, probation, or suspension of sentence.” Therefore, the trial court did not impose a sentence in accordance with the statute since it did not specify that defendant’s original sentences were to be served at hard labor.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) requires a cocaine-distribution sentence to be served without parole, probation, or suspension of sentence for its first two years.

State v. Gumms · filed 2018-03-14(B)(4)(b)

Here, the trial judge imposed defendant's enhanced sentence without the benefit of probation or suspension of sentence, ... but did not also restrict parole during the first two years of the sentence as required by La. R.S. 40:967(B)(4)(b). Thus, the trial court imposed an illegally lenient sentence. ... Thus, the omission does not require corrective action.

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) requires a cocaine-distribution sentence to be served without parole for the first two years and without probation or suspension for the entire sentence.

State v. Turner · filed 2018-11-28(B)(4)(b)

In resentencing defendant as a third felony offender under La. R.S. 15:529.1, the trial court failed to stipulate that defendant's sentence shall be served without benefit of parole for the first two years, and without the benefit of probation or suspension for the entirety of his sentence, in accordance with La. R.S. 40:967(B)(4)(b) and 15:529.1(G).

Law changed since Same change as noted above.

Section 40:967(B)(4)(b) requires the first two years of a cocaine-distribution sentence to be served without parole, probation, or suspension of sentence.

State v. Kennon · filed 2019-05-22(B)(4)(b)

Second, the applicable version of the underlying offense statute, La. R.S. 40:967 (B)(4)(b), requires that the first two years of the sentence be served without benefit of parole, probation, or suspension of sentence.

Law changed since Acts 2018, No. 677 added specific fentanyl distribution penalties to § 40:967(B)(4); this ten-year maximum governs the earlier 2016 offense, not offenses subject to the later provision.

At the time of the offense, the maximum sentence for possession with intent to distribute fentanyl under Section 40:967(A) was ten years at hard labor.

State of Louisiana Versus Jontreal A. Fisher · filed 2020-12-23(A)

At the time of the offense, November 17, 2016, La. R.S. 40:967(A) provided for a penalty of imprisonment at hard labor for not more than ten years. Therefore, defendant’s sentence on count six is illegal ... because the twenty-year sentence on that count is higher than the maximum ten-year sentence set forth by the statute at the time of the offense.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967 authorizes a cocaine-distribution sentence of up to 30 years at hard labor and a fine, but default jail time for nonpayment cannot cause the sentence to exceed the statutory maximum.

State v. Fikes · filed 2012-06-20(A)(1)

However, this court recognizes that the default jail time imposed in the event that Fikes fails to pay the $30,000 fine causes the imposed sentence of 30 years to exceed the maximum 30 years allowed by La. R.S. 40:967. ... Here, Fikes was considered indigent by the trial court. Therefore, this court modifies Fikes’s sentence to delete the imposition of default jail time for failure to pay the fine.

Law changed since Acts 2017, No. 281 repealed former § 40:967(F) and (G); the current statute uses § 40:967(D) for unauthorized possession of at least 28 grams. The cited former provision applies only to older offenses.

The cited provisions set a 30-year maximum term for the covered Schedule II cocaine offenses.

State v. Montgomery · filed 2010-01-27(B)(4)(b), (F)(1)(a)

However, according to La. R.S. 40:967(B)(4)(b) and La. R.S. 40:967(F)(l)(a), the maximum term for either is 30 years.

Law changed since Acts 2017, No. 281 replaced the former substance-based § 40:967(C) possession penalties with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(C)(2) sets a maximum sentence of five years for possession of cocaine.

State v. Jarreau · filed 2005-12-14(C)(2)

The longest possible sentence for the crime of possession of cocaine is not more than five years. La. R.S. 40:967(C)(2). Therefore, had he committed the crime of possession of cocaine after June 15, 2001, he would have been subject to a maximum sentence of ten years and to a minimum sentence of forty months.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(B)(4)(b) sets a maximum sentence of 30 years’ imprisonment at hard labor for a single count of distributing a Schedule II CDS.

State v. Lewis · filed 2008-12-10(B)(4)(b)

With regard to the second part of the analysis, La. R.S. 40:967(B)(4)(b) allows for a maximum sentence of 30 years’ imprisonment at hard labor for a single count of distribution of a Schedule II CDS.

Law changed since Acts 2017, No. 281 replaced the former substance-based § 40:967(C) possession penalties with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(C)(2) authorizes up to five years' imprisonment, with or without hard labor, and permits an additional fine of up to $5,000 for cocaine possession.

State v. McCorkle · filed 1998-02-25(C)(2)

La. R.S. 40:967(C)(2) provides that any person convicted of possession of cocaine: ... shall be imprisoned with or without hard labor for not more than five years, and in addition, may be sentenced to pay a fine of not more than five thousand dollars. Here, the defendant was sentenced to five years at hard labor. No fine was imposed. ... First, while defendant received the maximum imprisonment allowed by La. R.S. 40:967(C)(2), he did not receive the ... maximum sentence allowed by this statute. The judge also could have imposed a fine of not more than five thousand dollars in addition to five years imprisonment.

Law changed since Same change as noted above.

Section 40:967(C) makes five years at hard labor the maximum prison term for simple possession of cocaine.

State of Louisiana v. Coys Thomas, Jr. · filed 2009-05-06(C)

Under La.R.S. 40:967(C), five years at hard labor is the maximum prison term allowable for simple possession of cocaine.

Law changed since Same change as noted above.

Section 40:967(C) sets a maximum prison term of five years at hard labor for simple possession of cocaine.

State v. Thomas · filed 2009-05-06(C)

Under La.R.S. 40:967(C), five years at hard labor is the maximum prison term allowable for simple possession of cocaine.

Law changed since Acts 2017, No. 281 repealed former § 40:967(F) large-quantity possession penalties and § 40:967(G) benefit restrictions; revised (D) treats unauthorized possession of at least 28 grams as a Subsection A violation. Earlier offenses may still use the former provisions.

Section 40:967(F)(2)(a) is the proper provision for possessing more than 28 grams of methamphetamine, and citing the wrong provision in the charging bill is harmless when the defendant was not misled and the sentencing provisions are the same.

State v. Raborn · filed 2000-11-15(F)(2)(a)

Defendant did not challenge the misidentification of the charging article. While the amended bill does miscite the statute of the charged offense, the bill does correctly identify the drug as methamphetamine. The evidence shows that the contraband seized was in fact methamphetamine. The proper statute would have been La. R.S. 40:967(F)(2)(a). This, however, is harmless error. Defendant was not misled and the sentences provided for by both articles were the same in 1997.

Law changed since Acts 2017, No. 281 replaced the former drug-specific Schedule II distribution penalties in § 40:967(B) with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(A)(1) prohibits knowingly or intentionally possessing a Schedule II controlled substance with intent to distribute, and § 40:967(B)(4)(b) sets a two-to-thirty-year hard-labor range for possessing cocaine with intent to distribute, with the first two years without benefits.

State v. Ceaser · filed 2009-11-04(A)(1), (B)(4)(b)

Likewise, under La.R.S. 40:967(A)(1) and La.R.S. 40:964(II)(A)(4), “it shall be unlawful for any person knowingly or intentionally: (1) To ... possess with intent to ... distribute, or dispense, a controlled dangerous substance or controlled substance analogue classified in Schedule II[,]” such as cocaine or a cocaine base. ... Under La.R.S. 40:967(B)(4)(b), the sentencing range for possession with intent to distribute cocaine is “a term of imprisonment at hard labor for not less than two years nor more than thirty years, with the first two years of said sentence being without benefit of parole, probation, or suspension of sentence.... ” Thus, the Defendant’s eighteen-year sentence at hard labor with the first two years to be served without benefits falls within the statutory sentencing range for the offense.

Law changed since Acts 2017, No. 281 replaced the former substance-based § 40:967(C) possession penalties with aggregate-weight ranges; earlier offenses may still use the former penalty.

Section 40:967(C) authorizes a sentence of up to five years at hard labor and a fine of up to $5,000 for possession of a Schedule II controlled dangerous substance.

State v. Gill · filed 2008-01-09(C)

In the instant case, Defendant was convicted of one count of possession of cocaine, a Schedule II controlled dangerous substance, in violation of La. R.S. 40:967(C). The sentence for possession of this controlled dangerous substance is not more than five years' imprisonment at hard labor and a fine of not more than $5,000.