Drug Possession, Possession with Intent, Distribution in Louisiana (2024)

FAQs

Drug Possession, Possession with Intent, Distribution in Louisiana? ›

If you have been charged with drug possession with the intent to distribute in Louisiana, you can face up to 50 years in prison, up to $150,000 in fines and long-term probation. If you've been charged with a drug crime, the best way to lessen these penalties is to enlist the help of a knowledgeable drug crime attorney.

A Summary Of Drug Possession Laws And Penalties In Louisiana

Instead of a few days in jail and a small fine, even a small possession charge will get you a minimum of four years in prison with hard labor. Accompanying fines will also be much higher.

Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: (1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distribute, or dispense, a controlled dangerous substance or controlled substance analogue classified in Schedule I.

In Louisiana, possession of Adderall or Ritalin without a proper prescription is a felony. Adderall is classified as a Schedule II controlled dangerous substance (CDS) because it is a type of amphetamine. Adderall and Ritalin are often prescribed by physicians to treat certain psychological disorders.

The penalties for possessing a schedule II drug depend on the amount involved, with most sentences for possessing less than 28 grams ranging from one to five years in prison, fines up to $5,000, or both. Possession of fentanyl carries a minimum of two years and up to 10 years of prison time based on the amount.

Any person who is charged with possession with intent to distribute illegal substances can face felony penalties in Louisiana. The sentence you may receive if convicted varies widely and relies upon the type of substance police discovered on you and the quantity.

In this case, the best way to handle or deal with it is to show proof that the drug found in your possession is not yours and that it belongs to someone else. In addition to that, your defense lawyer may argue that you may not be aware that the drug is in your possession.

You will need to present a state issued form of identification. You will need to meet with a representative of the Office of the District Attorney. You will need to document your request on a “Drop Charge Affidavit” explaining why you wish the Office of the District Attorney to decline prosecution.

Consequences of Misdemeanor and Felony drug charges

Misdemeanor drug offense may result in a small jail term of a not more than 1 year and, a small fine or probation. A felony charge usually attracts a prison sentence as well as hefty fines. Prison sentence for a felony may be up to 10-20 years or more than that.

General Rule in Louisiana

In a capital case after three years from the date the prosecutor instituted the charges. In other felony cases after two years from the date the prosecutor charged you; and. In a misdemeanor case after one year from the date the prosecutor charged you.

What is the minimum sentence for a felon in possession of a firearm Louisiana? ›

If convicted, he must do prison time for at least 5 years. The judge will consider all the facts and circ*mstances surrounding the gun charge to determine the amount of time to give the defendant. The judge will consider how long the defendant has been off of probation or parole for the underlying felony.

Examples of Schedule III narcotics include Ketamine, benzenediamine, buprenorphine, phendimetrazine, chlorphentermine, clortermine, and anabolic steroids. Penalties for possession of Scheduled III controlled dangerous substance is a prison term of up to 5 years and a payable fine of up to $5,000.

The Five “Schedules”

Louisiana uses five schedules to classify CDS. Schedule I is the most dangerous drug category with high abuse probability and no medical value. Schedules II, III, IV, and V all decrease in the dangers and abuse probability. They also increase in medial use.

Common Schedule 2 Drugs

Amphetamine - Adderall, Vyvanse, Benzedrine. Carisoprodol - Soma. Cocaine. Codeine. Fentanyl.

The quantities of Schedule I and II drugs that can lead to a felony possession charge are as follows: Possession of 28 grams or more of a Schedule I drug besides cannabis and cannabis derivatives carries a minimum one-year prison sentence and a maximum sentence of 20 years and $50,000.

Essentially, constructive possession of a controlled substance is what gets charged when you don't have physical, or actual possession of a controlled substance, but you are thought to have two things: Knowledge of the presence or whereabouts of the drugs.

(1)(a) When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within thirty days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony.

The statute provides a possible sentence of up to six months in jail. Also, a conviction may result in the loss of one's driver's license for 180 days. MIP conviction can ruin a criminal record for the future. This is a charge that must be taken seriously.

What is the Three Strikes Law? The three strikes law or “multiple offender” law allows the district attorney to charge a person as a multiple or habitual offender after he has been convicted of more than one felony offense.

How does drug court work in Louisiana? ›

Louisiana's drug court programs require intensive substance abuse treatment, frequent drug testing, judicial oversight, and community supervision & support to ensure the best possible outcomes for offenders with substance use disorders.

Illegal possession of drugs with a firearm is a very serious charge in Louisiana. It is a felony that carries a sentencing range of 5-10 years in prison without the benefit of probation or parole. This means that you cannot get probation in you are convicted of possessing drugs and a gun together.

The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge.

If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.

Louisiana Civil Statutes of Limitation: At a Glance

The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims).

According to a study released in February by the Alliance for a Just Society, Louisiana puts the most restrictions in the nation on employment for felons. The state has 389 legal restrictions in place; the national average is 123, the report said.

If your conviction is for a felony, you must wait 10 years. You may not have other convictions or pending charges. You can usually expunge one felony conviction every 15 years.

The average length of a sentence for drug possession on state charges is about 20 months, or a little bit less than two years. The average length of a sentence on federal charges is 81 months or less than 7 years.

Debts from a breach of contract in Louisiana have a prescription period of 10 years beginning from the date of breach or last payment to the debt account. This period covers all types of general contracts except those assigned specific periods following their governing codes within the state's laws.

What is drug court sanction in Louisiana? ›

Sanctions may include jail and community service; halfway houses; additional outpatient treatment and any other activity that the court feels is appropriate to address undesired behavior. If clients do not successfully complete Drug Court, their probation is revoked and they are sentenced by the sentencing judge.

Normally, an expungement of the arrest and conviction does not restore gun rights, and the 10-year cleansing period applies even after an expungement is granted. Further, under penalty of federal law, any Louisiana felony conviction usually permanently bars you from purchasing or possessing a firearm. BEWARE OF THIS.

SB 212 allows the government to seize firearms ex parte, meaning that a warrant to seize a person's firearms would be issued without a hearing or other opportunity for the target of the order to be heard and present evidence.

Both Louisiana and federal law prohibits convicted felons from possessing firearms or ammunition. An ex-felon in possession of a firearm in Louisiana can face severe penalties unless that individual can get his or her rights to own those firearms restored by the state.

Following are the important types of possession: Corporeal possession. Incorporeal Possession. Mediate possession.

Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.

The doctrine of adverse possession or acquisitive prescription protects someone who has honestly entered and held possession in the belief that the land is his or her own, as well as one who knowingly appropriates the land of others for the specific purpose of acquiring title.

Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes.

A few examples of schedule 5 substances are: Lomotil (an antidiarrheal medication) Lyrica (used to treat muscle pain) Robitussin (used to treat coughing)

Legend Drug Meaning

The Louisiana law states that "Legend drug" means any drug or drug product bearing on the label of the manufacturer or distributor, as required by the Federal Food and Drug Administration, the statement "Caution: Federal law prohibits dispensing without prescription."

What are Schedule 1 2 3 drugs? ›

Schedule 1: marijuana, heroin, LSD, ecstasy, and magic mushrooms. Schedule 2: cocaine, meth, oxycodone, Adderall, Ritalin, and Vicodin. Schedule 3: Tylenol with codeine, ketamine, anabolic steroids, and testosterone. Schedule 4: Xanax, Soma, Darvocet, Valium, and Ambien.

Louisiana Laws - Louisiana State Legislature. There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V.

Gabapentin closely resembles pregabalin, a schedule V drug under the Controlled Substances Act in its chemical structure and pharmacological activity.

In Louisiana, possessing controlled dangerous substances and firearms at the same time is a serious offense, it is also treated as a felony with mandatory prison time… no probation. It is a criminal charge which is added after an officer discovers it after he conducted an arrest for drugs.

For a first offense, the punishment for misdemeanor theft in Louisiana is a sentence of not more than 6 months in jail, a fine of up to $1,000, and in some cases, both.

First Class Felony

First class felonies are those punishable by life or death. In other words, the potential sentence is a “word” and not a specified number of years. These cases have no statute of limitations for instituting the case and must be tried within 3 years.

Simple possession of the drug is categorized as a misdemeanor because the drug you possess is in a small quantity that can pass for personal use. If your motive was to use the drug for personal use, which is usually determined based on the quantity found on you at the point of arrest.

The average length of a sentence for drug possession on state charges is about 20 months, or a little bit less than two years. The average length of a sentence on federal charges is 81 months or less than 7 years.

Felonies. A felony conviction will result in the suspension of Louisiana gun possession rights while on probation or parole for the felony. In some cases, that prohibition will extend for an additional 10 years after completion of sentence, parole, probation, or deferral of sentence. LSA-R.S.

The theory of first possession of property allows that a person holds or takes possession and ownership of something and is justified simply by the fact that they came to have the property before anybody else. Also this theory says that if the person claims the right to first occupancy or original entry.

What is a good sentence for possession? ›

The city can take possession of the abandoned buildings. She came into possession of a rare silver coin. The family lost all of its possessions in the fire. This ring was my mother's most precious possession.

§ 841(a)(1), commonly referred to as Possession With Intent to Distribute. Anyone who is found in possession of a large amount of counterfeit or controlled substances could be charged with this crime, which is a more serious offense than possession of controlled substances (a/k/a street drugs) for personal use.

All crimes that occur when crossing state lines can be charged as federal offenses. If police officers find you have crossed state borders with a controlled substance in your possession, you could face federal drug trafficking charges.

Present law further provides that a person convicted of a crime of violence and not otherwise ineligible for parole shall serve at least 65% of the sentence imposed, before being eligible for parole.

People serving life sentences could seek a commutation after 15 years. In 1926, Louisiana shortened that time to 10 years and six months to save costs at Angola. This became known as the "10/6 law," under which the state released more than 90% of people with life sentences through commutations.

No Duty to Self Report

This rule does not require a lawyer to report the lawyer's own violation of the Rules of Professional Conduct. First, the text of the rule refers explicitly to the obligation to report a violation by “another lawyer.” See La. Rules of Prof'l Conduct r. 8.3(a) (emphasis added).