Drug Possession
Aggressive defense against every Louisiana drug charge.
In the state of Louisiana, it is illegal to possess a controlled substance without a valid prescription. Drug possession charges vary extensively dependent upon the drug involved, as well as the severity of the alleged crime. Possession of a firearm can worsen the drug possession charges, as well as lead to additional charges. Also, if children are involved or present at the time of the alleged crime, charges, and penalties can increase.
Drug Schedules
Louisiana divides controlled substances into five schedules of classification based on the drug’s potential for abuse, potential for physical and mental dependence, and medical value. Schedule I are considered the most dangerous, while Schedule V have medical use and a low potential for abuse. Judges use drug schedules to determine the punishment for the drug possession crimes.
Schedule I drugs have a high potential for abuse, high potential for physical and psychological dependence, and no approved medical uses.
Examples- Heroin
- LSD
- MDMA
- Marijuana
Schedule II drugs have a high potential for abuse, high potential for physical and psychological dependence, and have a medical use with severe restrictions.
Examples- Methamphetamine
- Cocaine
- Codeine
- Morphine
- Oxycodone
Schedule III drugs have less potential for abuse and have a currently accepted medical use.
Examples- Hydrocodone
- Methadone
- PCP
- Adderall
- Vyvanse
- Anabolic steroids
- Tylenol with Codeine
- Ketamine
Schedule IV drugs have a low potential for abuse and have a current medical use.
Examples- Xanax
- Klonopin
- Ephedrine
- Ambien
- Soma
- Tramadol
Schedule V drugs have the lowest potential for abuse with a medical use.
Examples- Propyhexedrine (decongestant)
- Robitussin AC
- Lyrica
Marijuana Possession Drug Charge
It is illegal in the state of Louisiana to possess any amounts of marijuana, which includes possessing small amounts for personal use. Penalties vary dependent upon the number of offenses.
First offense:
Penalties consist of a $500 fine and up to six months in jail
Second offense:
Penalties consist of a $250 to $2,000 fine and up to five years in jail.
Third or subsequent offense:
Penalties consist of a fine up to $5,000 fine and up to 20 years in jail.
Cultivation, Distribution & Possession with Intent
It is illegal in the state of Louisiana to possess, grow, or distribute any amount of marijuana.
- Up to 60 pounds: a fine up to $50,000 and 5 – 30 years in jail
- 60 – 2,000 pounds: a $50,000 – $100,000 fine and 5 – 30 years in jail
- 2,000 – 10,000 pounds: a $50,000 – $100,000 fine and 10 – 40 years in jail
- 10,000 pounds and up: a $400,000 – $1,000,000 fine and 20 – 40 years in jail
- Selling to a minor at least three years younger than the seller: can double the above penalties
Drug Paraphernalia
It is illegal in the state of Louisiana to possess, display with the intent to distribute, or distribute drug paraphernalia. Paraphernalia includes such items as: a water pipe, roach clips, a scale, syringes, materials to dilute narcotics, and materials to grow marijuana.
First Offense:
a fine up to $500 and up to six months in jail
Second Offense:
a fine up to $1,000 and up to one year in jail
Third or subsequent offense:
a fine up to $5,000 and up to five years in jail
Free Phone Consultation
If you have been charged with a drug possession charges, consult the experienced and aggressive defense attorneys at James & Bradley Law Firm, LLC today. We will fight for you and make sure your rights are protected. Schedule your free phone consultation by submitting a contact form or call 985-276-4740 today.
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