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Drug Possession

Drug Possession

In the state of Louisiana, it is illegal to possess a controlled substance without a valid prescription. Drug 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 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.

If you have been accused of a drug-related crime, it is important to have an experienced attorney who has a full understanding of defending drug-related cases. The experienced and highly-skilled drug defense attorneys at Bradley & Almerico, LLC are equipped with numerous strategies for presenting evidence and negotiating in the courtroom. They will aggressively fight for you, as well as guide you throughout the judicial process.

 

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 charge.

 

DRUG SCHEDULES

Schedule I: Schedule I drugs have a high potential for abuse, high potential for physical and psychological dependence, and no approved medical uses.

  • Heroin
  • LSD
  • MDMA
  • Marijuana

Schedule II: Schedule II drugs have a high potential for abuse, high potential for physical and psychological dependence, and have a medical use with severe restrictions.

  • Methamphetamine
  • Cocaine
  • Codeine
  • Morphine
  • Oxycodone
  • Hydrocodone
  • Methadone
  • PCP
  • Adderall
  • Vyvanse

Schedule III: Schedule III drugs have less potential for abuse and have a currently accepted medical use.

  • Anabolic steroids
  • Tylenol with Codeine
  • Ketamine

Schedule IV: Schedule IV drugs have a low potential for abuse and have a current medical use.

  • Xanax
  • Klonopin
  • Ephedrine
  • Ambien
  • Soma
  • Tramadol

Schedule V: Schedule V drugs have the lowest potential for abuse with a medical use.

  • Propyhexedrine (decongestant)
  • Robitussin AC
  • Lyrica

 

MARIJUANA POSSESSION DRUG CHARGES

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.

 

MARIJUANA CULTIVATION, DISTRIBUTION, & POSSESSION WITH INTENT TO DISTRIBUTE

It is illegal in the state of Louisiana to possess, grow, or distribute any amount of marijuana.

Penalties:

  • 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 CONSULTATION

If you have been charged with a drug-related offense, consult the experienced and aggressive drug defense attorneys at Bradley & Almerico, LLC today. We will fight for you and make sure your rights are protected. Call 985-590-4132 today for a free consultation.