A Breakdown of the Louisiana Drug Possession Laws in 2022

Louisiana drug possession laws

Drug Info Portal

Adderall

College Students & Drug Charges

Cocaine & Crack

Creation of Meth Lab

Distribution

Drug Paraphernalia

Fentanyl

Firearms & Drugs

Heroin

Louisiana Drug Charges

Marijuana Laws in Louisiana

Manufacturing

Obtaining CDS by Fraud

Possession

Possession With Intent

Possession of Legend Drug

Steroids

Synthetic Cannabinoids

Trafficking

Violation of CDS Laws

Xanax

drug crimes lawyer in louisiana

Every state has its own definition of controlled dangerous substances (CDS).

The state of Louisiana is no different. LA classifies well-known drugs (marijuana, heroin, cocaine, etc.) as well as the compounds used in manufacturing as CDS.

Have you been caught with drugs in Louisiana and want to understand the updated drug laws in 2022?

Here’s a breakdown of Louisiana drug possession laws that may affect your arrest.

Louisiana Drug Laws 2022

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.

Louisiana law uses these schedules to determine the penalty for possession.

Penalties and Fines

When viewing the drug charges and sentences below, consider the meaning of the following abbreviations:

  • PP = parish prison
  • HL = hard labor (state prison)
  • I, II, III, IV, V = Schedule 1, 2, 3, 4, 5
  • PWID = possession with intent to distribute
  • w/o benefits = cannot get probation, parole, suspension of sentence

Alprazolam

Alprazolam - IV,B(1.5)
bars, schoolbus, zannys, planks, bricks, zanibars, Xanax
  
Possession of Alprazolam40:969C
40:969C(2)
1-5 w/wo HL$5,000
Distribution, Manufacture or PWID
Alprazolam
40:969A(1)
40:969B(2)
1-10 w/wo HL$15,000
• Alprazolam (Xanax) is a benzodiazepine tranquilizer commonly prescribed for anxiety disorders.
• It is the most prescribed benzodiazepine and the 12th most prescribed of all medications in the US. It is addictive, readily available and commonly abused.
• Typical Dose (Xanax): 0.2 mg - 2.0 mg.

Amphetamine

Amphetamine - II,C(1)
addies, Adderall, Vyvanse, Benzedrine
  
Possession of Amphetamine (<2g)40:967C
40:967C(1)
0-2 w/wo HL$5,000
Possession of Amphetamine (2g - 28g)40:967C
40:967C(2)
1-5 w/wo HL$5,000
Possession of Amphetamine (≥28g)

40:967Dshall be considered PWID Amphetamine
PWID Amphetamine (<28g)40:967A
40:967B(1)(a)
1-10 w/wo HL$50,000
PWID Amphetamine (≥28g)40:967A
40:967B(1)(b)
1-20 at HL$50,000
Production or Manufacturing of
Amphetamine
40:967A
40:967B(2)(a)
10-30 at HL
10 w/o benefits
$500,000
Production or Manufacturing of Amphetamine
In Presence of Minor Child (≤12 yoa)
40:967A
40:967B(2)(b)
10-30 at HL
15 w/o benefits
$500,000
• Amphetamine (Adderall) is a synthetic stimulant commonly prescribed (in varying formulations) for ADHD, obesity and certain sleep disorders.
• In terms of criminal charge selection, amphetamine is typically going to be contained in manufactured pharmaceutical products, whereas methamphetamine is the “home cooked or meth lab” variety which is found in crystal form.
• Amphetamine is very widely prescribed, even in school-aged children. Distribution among students in schools is common for (among other reasons) aid in studying and test taking.
• Typical Dose (Adderall): 10 - 20 mg

Carisoprodol

Carisoprodol - II,D(1)(b)
soma, somatose, chronosome, neuron, Somadril
  
Possession of Carisoprodol (<2g)40:967C
40:969C(1)

0-2 w/wo HL$5,000
Possession of Carisoprodol (2g - 28g)40:967C
40:967C(2)
1-5 w/wo HL$5,000
Possession of Carisoprodol (≥28g)

40:967Dshall be considered PWID Carisoprodol
Distribution, Manufacture or PWID (<28g) Carisoprodol40:967A(1)
40:967B(1)(a)
1-10 w/wo HL$50,000
Distribution, Manufacture or PWID (≥28g) Carisoprodol40:967A(2)
40:967B(1)(b)
1-20 at HL$50,000
• Carisoprodol (Soma) is a muscle relaxant and is also commonly prescribed as a sedative and sleep aid.
• Typical Dose (Somadril): 350 mg

Cocaine

Cocaine - II,A(4)
crack, work, rock, hard/soft, white, charlie, etc.
  
Possession of Cocaine (<2g)40:967C
40:967C(1)
0-2 w/wo HL$5,000
Possession of Cocaine (2g - 28g)40:967C
40:967C(2)
1-5 w/wo HL$5,000
Possession of Cocaine (≥28g)

40:967Dshall be considered PWID Cocaine
Distribution or PWID Cocaine (<28g)40:967A
40:967B(1)(a)
1-10 w/wo HL$50,000
Distribution or PWID Cocaine (≥28g)40:967A
40:967B(1)(b)
1-20 at HL$50,000
Production or Manufacturing of
Cocaine
40:967A
40:967B(2)(a)
10-30 at HL
10 w/o benefits
$500,000
• Cocaine is a naturally occurring stimulant processed from the coca plant which is used (almost) exclusively as a recreational drug.
• Cocaine had some common medical uses in the past, particularly as a local numbing agent for dental and nasal surgery. Although synthetic versions are used today, “pharmaceutical grade” cocaine is still available and used in some procedures.
• The definitions for production and manufacturing cocaine specifically include “cocaine base [i.e. crack] or a mixture or substance containing cocaine,” such that the active/inactive ingredients are included in the net weight.
• Typical Unit of Measure: 1.0g.
• Other Weights: Eight Ball = 3.5g (or 1/8 of an ounce); Kilo = 1,000g (or 35.7 oz, or 2.23 lbs)

Codeine

Codeine - II,A(1)(h)
cody, schoolboy, [w/ Promethazine: drank, lean, sizzurp]

  
Possession of Codeine (<2g)40:967C
40:967C(1)
0-2 w/wo HL$5,000
Possession of Codeine (2g - 28g)40:967C
40:967C(2)
1-5 w/wo HL$5,000
Possession of Codeine (≥28g)

40:967Dshall be considered PWID Codeine
Distribution or PWID Codeine (<28g)40:967A(1)
40:967B(1)(a)
1-10 w/wo HL$50,000
Distribution or PWID Codeine (≥28g)40:967A(2)
40:967B(1)(b)
1-20 at HL$50,000
• Codeine is an opiate used to treat mild to moderate pain and incontinence.
• Codeine is commonly used/abused in combination with promethazine and is referred to as “drank, lean or sizzurp.”
• Possession of “an aggregate weight of 28 grams or more” of codeine “shall be considered” PWID codeine.
• Typical Dose : 15mg - 60 mg

Diazepam

Diazepam - IV,B(14)
Vs, vallies, blues, yellows, Howards, Valium
  
Possession of Diazepam40:969C
40:969C(2)
1-5 w/wo HL$5,000
Distribution, Manufacture or PWID
Diazepam
40:969A(1)
40:969B(2)
1-10 w/wo HL$15,000
• Diazepam (Valium) a prescription benzodiazepine that produces a calming effect. It is commonly used to treat a range of conditions including anxiety, alcohol withdrawal syndrome, benzodiazepine withdrawal syndrome, muscle spasms, seizures, trouble sleeping, and restless legs syndrome.
• Diazepam was the highest selling medication between 1968 and 1982, selling more than two billion tablets in 1978 alone. It continues to be readily available, and commonly abused.
• Typical Dose (Valium): 2 mg - 10 mg.

Ecstasy/MDMA

Ecstasy/MDMA - I,C(10)
X, molly, tabs, disco biscuits


  
Possession of Ecstasy/MDMA (<2g)40:966C
40:966C(1)(a)

0-2 w/wo HL$5,000
Possession of Ecstasy/MDMA (2g - 28g)40:966C
40:966C(1)(b)

1-10 w/wo HL$5,000
Possession of Ecstasy/MDMA (≥28g)

40:966D(2)shall be considered PWID Ecstasy/MDMA
Distribution, Manufacture or PWID Ecstasy/MDMA (<28g)40:966A
40:969B(1)(a)
1-10 w/wo HL$50,000
Distribution, Manufacture or PWID Ecstasy/MDMA (≥28g)40:966A
40:966B(1)(b)
1-20 at HL$50,000
• Ecstasy is a psychoactive “designer drug” that effectively combines a hallucinogen with a stimulant.
• Although originally developed by a pharmaceutical company, and later researched for its potential use in psychotherapy, Ecstasy has no accepted medical uses today.
• Products sold as “Ecstasy” (pills and powder) very often contain alternate compounds such as meth or ZBT. It is advisable to send purported Ecstasy to the drug lab in the earlier stages of a case.
• Typical Dose: 1 tablet (or “tab”) of Ecstasy typically contains 70 to 120 mg of active MDMA, although this varies widely.

Fentanyl

Fentanyl - II,B(9)
china white, TNT, jackpot, china girl, murder 8



  
Possession of Fentanyl (<2g)40:967C
40:967C(4)(a)

2-4 w/wo HLN/A
Possession of Fentanyl (2g - 28g)40:967C
40:967C(4)(b)

2-10 w/wo HL$5,000
Possession of Fentanyl (≥28g)

40:967Dshall be considered Fentanyl
Distribution, Manufacture or PWID Fentanyl (any amount)40:967A
40:967B(B)(4)
5-40 w/wo HL$50,000
• Fentanyl is a very powerful, synthetic opioid prescribed for the control of extreme pain and used as anaesthesia.
• Fentanyl has gained notoriety as an additive to, or substitute for heroin. Its use/misuse has lead to thousands of overdose deaths nationwide.
• Unlike most pharmaceuticals, and although rare, the illicit manufacture of fentanyl has been discovered in some jurisdictions.
• The weight calculation in ALL fentanyl charges includes “fentanyl or a mixture or substance containing a detectable amount of fentanyl.”
• If the court places a Ä on probation for ANY Fentanyl (or Heroin) charge, the procedure for ordering a SA Evaluation and Treatment is set forth at 40:966(G) and summarized below. Some portions of this procedure are mandatory. It applies only to Heroin and Fentanyl cases.
• Typical Dose: 300 mcg (micrograms) to 15g.

Flunitrazepam

Flunitrazepam - IV,B(21)
roofies, Rohypnol, Hypnodorm




  
Possession of Flunitrazepam40:969C
40:969C(1)


1-10 w/wo HL$5,000
Distribution, Manufacture or PWID Flunitrazepam40:969A(1)
40:969B(2)

1-20 w/wo HL$50,000
• Flunitrazepam (Rohypnol) is an intermediate benzodiazepine with a strong hypnotic effect that is prescribed (in some countries) for severe cases of insomnia and sometimes as an anaesthetic. It is known to induce retrograde amnesia.
• Known as “Roofies,” Rohypnol has gained notoriety as a “date rape” drug, though its reported use in such cases in the US are actually very limited. Nevertheless, the manufacturer has reformulated the drug by reducing the dosage and adding a blue colorant to aid in detection in drinks. The drug has never been marketed in the US, and its has been removed from most major European markets.
• Typical Dose: 1 mg tablets

GHB

GHB - I,D(1)
liquid X, lollipops, gee, gamma-hydroxybutyric acid



  
Possession of GHB (<2g)40:966C
40:966C(1)(a)

0-2 w/wo HL$5,000
Possession of GHB (2g - 28g)40:966C
40:966C(1)(b)

1-10 w/wo HL$5,000
Possession of GHB (≥28g)

40:966D(2)shall be considered PWID GHB
Distribution, Manufacture or PWID GHB (<28g)40:966A
40:966B(1)(a)
1-10 w/wo HL$50,000
Distribution, Manufacture or PWID GHB (≥28g)40:966A
40:966B(1)(b)

1-20 at HL$50,000
• GHB is a depressant and intoxicant that effects the central nervous system.
• Although it’s a naturally occurring neurotransmitter, it is easily synthesized at home and became a popular “rave” drug in the 1990s. It has limited medical uses (cataplexy and narcolepsy) and, being colorless and odorless, it became notorious as a date rape drug and for causing overdose deaths when combined with alcohol.
• GHB salts, as might be found as a component in other products/compounds is listed at Schedule IIIB(6).
• Typical Dose: 1g - 2g, but overdosing is common.

Heroin

Heroin - I,B(11)
Junk, Smack, Horse, H, Mr. Brownstone, diamorphine




  
Possession of Heroin (<2g)40:966C
40:966C(4)(a)


2-4 w/wo HLN/A
Possession of Heroin (2g - 28g)40:966C
40:966C(4)(b)

2-10 w/wo HL$5,000
Possession of Heroin (≥28g)

40:966D(2)shall be considered PWID Heroin
Distribution, Manufacture or PWID Heroin (any amount)40:966A
40:969B(3)

5-40 w/wo HL$50,000
• Heroin (diamorphine) is a powerful and highly addictive recreational drug that is synthesized from opium. It has some approved medical uses in the UK and other countries, but none in the US.
• The weight calculation in ALL heroin charges includes “heroin or a mixture or substance containing a detectable amount of heroin.”
• If the court places a Ä on probation for ANY Heroin (or Fentanyl) charge, the procedure for ordering a SA Evaluation and Treatment is set forth at 40:966(G) and summarized below. Some portions of this procedure are mandatory. It applies only to Heroin and Fentanyl cases.
• Typical Dose: 0.1g

Hydrocodone

Hydrocodone - II,A(1)(l)
Lortab, Vicodin, loris, hydro


  
Possession of Hydrocodone (<2g)40:967C
40:967C(1)
0-2 w/wo HL$5,000
Possession of Hydrocodone (2g - 28g)40:967C
40:967C(2)
1-5 w/wo HL$5,000
Possession of Hydrocodone (≥28g)

40:967Dshall be considered PWID Hydrocodone
Distribution or PWID Hydrocodone (<28g)40:967A(1)
40:967B(1)(a)
1-10 w/wo HL$50,000
Distribution or PWID Hydrocodone (≥28g)40:967A(2)
40:967B(1)(b)
1-20 at HL$50,000
• Hydrocodone is a semi-synthetic opioid that is commonly prescribed in pill form for moderate to severe pain relief, and in liquid form as an antitussive/cough suppressant. It is widely prescribed, commonly abused and addictive.
• There is no discernible rule regarding mixtures of active/inactive ingredients for Hydrocodone.
• Most (if not all) commercially available Hydrocodone will come mixed in a ratio with a non-CDS, such as aceteminophen (Ex: 10/350), depending on its intended clinical use. It may come in pill form (pain relief) or syrup form (cough suppressant).
• Typical Dose: 5mg - 20 mg

Ketamine

Ketamine - III,B(7)
bump, special K, vitamin K
m




  
Possession of Ketamine40:968C
40:968C



1-5 w/wo HL$5,000
Distribution, Manufacture or PWID Ketamine40:968A(1)
40:968B


1-10 w/wo HL$15,000
• Ketamine is a strong, prescription anesthetic used mainly during surgical procedures for both humans and animals. It may also be used in pain management, or as a treatment for depression.
• Typical Dose: 10mg - 30 mg

LSD

LSD - I,C(18)
acid, AC, stamps, microdots, lysergic acid diethylamide,



  
Possession of LSD (<2g)40:966C
40:966C(1)(a)

0-2 w/wo HL$5,000
Possession of LSD (2g - 28g)40:966C
40:966C(1)(b)

1-10 w/wo HL$5,000
Possession of LSD (≥28g)

40:966D(2)shall be considered PWID LSD
Distribution, Manufacture or PWID LSD (<28g)40:966A
40:969B(1)(a)
1-10 w/wo HL$50,000
Distribution, Manufacture or PWID LSD (≥28g)40:966A
40:966B(1)(b)
1-20 at HL$50,000
• LSD is a powerful psychedelic drug known for its profound psychological and hallucinatory effects. It is mainly used as a recreational drug, but it has been used clinically in the past & researched for psychiatric treatment.
• LSD is typically sold on a substrate, such as “blotter paper” or small pieces of candy. Larger amounts often are sold in liquid form.
• Typical Dose: 40 mcg -500 mcg (micrograms)

Marijuana

Marijuana - I,C(19)
weed, smoke, purple, high grade, grass, etc., etc.



  
Possession of Marijuana, 1st Offense (≤14g)40:966C
40:966C(2)(a)(i)



No PP$100
Possession of Marijuana, 1st Offense (>14g)40:966C
40:966C(2)(b)

0-6 months in PP$500
Possession of Marijuana, 2nd Offense
40:966C
40:966C(d)
0-6 months in PP$1,000
Possession of Marijuana, 3rd Offense40:966C
40:966C(e)(i)

0-2 w/wo HL$2,500
Possession of Marijuana, 4th Offense or Subsequent Offenses40:966C
40:966C(e)(I)

0-8 w/wo HL$5,000
Possession of Marijuana (≥2.5 lbs)40:966D(1)shall be considered PWID Marijuana
Distribution, Manufacture or PWID (<2.5 lbs)
Marijuana
40:966A
40:966B(2)(a)
1-10 w/wo HL$50,000
Distribution, Manufacture or PWID
Marijuana (≥2.5 lbs)
40:966A
40:966B(2)(b)
1-20 at HL$50,000
• Marijuana is a naturally occurring psychoactive drug from the Cannabis plant. Its main psychoactive component, THC (tetrahydrocannabinol), is only one of the 65 organic cannabinoids contained in the plant.
• Marijuana refers only to the organic plant material, whereas THC and CBD (cannabidiol) are extracts or compounds processed from the raw plant.
• Marijuana has both recreational and medical (palliative) uses. While habit forming, it is not technically addictive in the clinical sense.
• Edibles and concentrated THC products (wax, dabs, hash) are more properly cited as Schedule I,C(27), Tetrahydrocannabinols.
• There is a two year “bubble” for stacking predicate offenses in Possession of Marijuana cases, calculated from the completion of each sentence to the commission of the next successive offense.
• Convictions for any other marijuana offense (Ex: PWID, FA/CDS) may be used as predicates for enhancing subsequent possession of marijuana charges.
• Possession of Marijuana 1st Offense of 14 grams or less shall be enforced by use of summons in lieu of custodial arrest 40:966(C)(2)(a)(iii).
• The offender must possess more than 14 grams to be charged with Possession of Marijuana 2nd, 3rd, or 4th offense.
• Common Weights: 14g (½ ounce); 1/4 pound (112g); High Grade: 1g - 3g, and above.

Methadone

Methadone - II,B(15)
juice, dollies, methadose, done

  
Possession of Methadone (<2g)40:967C
40:967C(1)
0-2 w/wo HL$5,000
Possession of Methadone (2g - 28g)40:967C
40:967C(2)
1-5 w/wo HL$5,000
Possession of Methadone (≥28g)

40:967Dshall be considered PWID Methadone
Distribution or PWID Methadone (<28g)40:967A
40:967B(1)(a)
1-10 w/wo HL$50,000
Distribution or PWID Methadone (≥28g)40:967A
40:967B(1)(b)
1-20 at HL$50,000
Production or Manufacturing of
Methadone
40:967A
40:967B(2)(a)
10-30 at HL
10 w/o benefits
$500,000
• Methadone (Dolophine) is a synthetic opioid primarily known for treating opioid dependence via maintenance therapy or tapering down. Because it is less addictive than traditional opioids, methadone is also used as an analgesic for the treatment of chronic pain.
• Methadone is a synthesized opioid drug made exclusively in commercial pharmaceutical labs. As such, and like oxycodone, its inclusion in a specific subsection on “Production or Manufacturing” at La. R.S. 40:967B(3) makes little sense.
• Typical dose: 40 mg

Methamphetamine

Methamphetamine - II,C(2)
meth, ice, glass, crystal, crank


  
Possession of Methamphetamine (<2g)40:967C
40:967C(1)
0-2 w/wo HL$5,000
Possession of Methamphetamine (2g - 28g)40:967C
40:967C(2)
1-5 w/wo HL$5,000
Possession of Methamphetamine (≥28g)

40:967Dshall be considered PWID Methamphetamine
PWID Methamphetamine (<28g)40:967A
40:967B(1)(a)
1-10 w/wo HL$50,000
PWID Methamphetamine (≥28g)40:967A
40:967B(1)(b)
1-20 at HL$50,000
Production or Manufacturing of Methamphetamine40:967A
40:967B(2)(a)
10-30 at HL
10 w/o benefits
$500,000
Production or Manufacturing of Methamphetamine
In Presence of Minor Child (≤12 yoa)
40:967A
40:967B(2)(a)
10-30 at HL
15 w/o benefits
$500,000
• Methamphetamine is a powerful synthetic stimulant that is used mainly as a recreational drug due to its aphrodisiac and euphoriant properties.
• Generally speaking, methamphetamine refers to the “home-cooked” or “meth lab” street drug found in crystal form, while amphetamine typically refers to the legitimately manufactured pharmaceutical products such as Adderall and Vyvanse.
• Refer to the “Clandestine Lab” statute at La.R.S. 40:983 where manufacturing or production of meth is involved.
• Typical Dose: 0.1g to 0.5g; Repeated Use: 10g - 25g per day; Typically sold in 1.0 gram increments

Oxycodone

Oxycodone - II,A(1)(p)
oxy, roxy, slams, OxyContin, Percocet, percs



  
Possession of Oxycodone (<2g)40:967C
40:967C(1)
0-2 w/wo HL$5,000
Possession of Oxycodone (2g - 28g)40:967C
40:967C(2)
1-5 w/wo HL$5,000
Possession of Oxycodone (≥28g)

40:967Dshall be considered PWID Oxycodone
PWID Oxycodone (<28g)40:967A
40:967B(1)(a)
1-10 w/wo HL$50,000
PWID Oxycodone (≥28g)40:967A
40:967B(1)(b)
1-20 at HL$50,000
Production or Manufacturing of Oxycodone40:967A
40:967B(2)(a)
10-30 at HL
10 w/o benefits
$500,000
• Oxycodone is a semi-synthetic, opioid medication that is prescribed for moderate to severe pain. It is commonly abused, and highly addictive.
• Producing euphoria similar to other opioids, rampant oxycodone over-prescribing and abuse has evolved into heroin abuse (due to cost), and is at the center of the current opioid epidemic in the United States. Withdrawal symptoms related to oxycodone abuse/addiction can be severe, and relapse is common.
• The schedule designation for Oxycodone has changed to II,A(1)(p) as of 8/1/17. It used to be at II,A(1)(o).
• Oxycodone is a synthesized opioid drug made exclusively in commercial pharmaceutical labs. As such, and like methadone, its inclusion in a specific subsection on “Production or Manufacturing” at La. R.S. 40:967B(3) makes little sense.
• Typical Dose: 10mg - 30mg

Psilocybin

Psilocybin - I,C(25)
mushrooms, caps, shrooms, magic



  
Possession of Psilocybin (<2g)40:966C
40:966C(1)(a)

0-2 w/wo HL$5,000
Possession of Psilocybin (2g - 28g)40:966C
40:966C(1)(b)

1-10 w/wo HL$5,000
Possession of Psilocybin (≥28g)

40:966D(2)shall be considered PWID Psilocybin
Distribution, Manufacture or PWID Psilocybin (<28g)40:966A
40:969B(1)(a)
1-10 w/wo HL$50,000
Distribution, Manufacture or PWID Psilocybin (≥28g)40:966A
40:966B(1)(b)
1-20 at HL$50,000
• Possession of “an aggregate weight of 28 grams or more” of Psilocybin “shall be considered” PWID Psilocybin.
• While it may be cooked down into a “tea” or other drink, psilocybin mushrooms are very commonly dried out and sold/consumed whole.
• A mushroom containing psilocybin is one of the only CDS that is commonly sold/possessed in its original, organic state, like Marijuana. The percentage of the active ingredient, as compared to the dry weight of the mushroom (fruit), varies by species, but is generally about 0.5% to 1.9%
• Typical Dose: about 6.0 mg, although this varies widly

Synthetic Cannabinoids

Synthetic Cannabinoids - I,F
mojo, K2, spice, SynCan




  
Possession of Synthetic Cannabinoids, 1st Offense40:966C
40:966C(3)(a)



0-6 mos in PP$500
Possession of Synthetic Cannabinoids, 2nd Offense40:966C
40:966C(3)(b)

0-5 w/wo HL$250 to $2,000
Possession of Synthetic Cannabinoids, 3rd Offense or Subsequent Offense40:966C
40:966C(3)(c)
0-20 at HL$5,000
Possession of Synthetic Cannabinoids (≥2.5 lbs)40:966D(1)

shall be considered PWID Synthetic Cannabinoids
Distribution, Manufacture or PWID (<2.5 lbs) Synthetic Cannabinoids40:966A
40:966B(2)(1)


1-10 w/wo HL$50,000
Distribution, Manufacture or PWID (≥2.5 lbs) Synthetic Cannabinoids40:966A
40:966B(2)(b)
1-20 at HL$50,000
• When filing formal charges in synthetic cannabinoid cases, given the size and complexity of the compounds involved, it is sufficient to designate the substance as being listed at Schedule I,F, which is the general category. The Crime Lab can thereafter specify the exact compound (and schedule designation) at or before trial.
• Although recent law enforcement efforts have curtailed the distribution of synthetic cannabinoids in retail “Smoke Shops,” it has retained some popularity among prison inmates and other sub-groups. Liquid versions can be sprayed on letters or other paper products and sent into prison facilities without detection.
• Typical Dose: Due to the wide range of chemical compounds, their relative potency on cannabinoid receptors in the human brain, and the different modes of ingestion (smoking, liquids) any general dosage is hard to state. Research suggests that only very minute amounts (1.5 ng/ml) of the drug is needed to be effective.

Tramadol

Tramadol - IV,A(3)
ultras, oxy-lite, chill pills

  
Possession of Tramadol40:969C
40:969C(2)
1-5 w/wo HL$5,000
Distribution, Manufacture or PWID
Tramadol
40:969A(1)
40:969B(2)
1-10 w/wo HL$15,000
• Tramadol is a narcotic-like pain reliever which is commonly combined with acetaminophen (Tylenol) and used to treat moderate to severe pain. It can be habit forming and, if misused, can cause serious side-effects.
• Naloxone only partially reverses the toxic effects of tramadol overdose and may increase the risk of seizures.
• Added to schedule of controlled substances in Louisiana effective 6/23/15.
• Typical Dose: 25mg - 50mg

Each penalty is specific to the type of CDS and the schedule it falls in.

Here is a quick look at those penalties and fines.

Schedule I Substances:

Possession of Schedule I substances include a fine between $5,000-$600,000 depending on the CDS.

Possession also includes at least 4 years and up to 30 years in prison.

Under state law, Louisiana declares marijuana as a Schedule I(C) hallucinogenic substance.

Schedule II Substances:

Possession of Schedule II substances usually includes a $5,000-$600,000 fine and 5-30 years imprisonment.

Schedule III Substances:

Possession of Schedule II substances includes a fine of up to $5,000, 5 years in prison, or both.

Schedule IV Substances:

Possession of Schedule IV substances includes a fine of up to $5,000, 5 years in prison, or both.

However, there is an exception with Flunitrazepam. In these cases, offenders face a fine up to $5,000 and up to 10 years in prison.

Schedule V Substances:

Possession of Schedule V substances includes a fine of up to $5,000, up to 5 years imprisonment, or both.

Second Offenses

If a person is convicted of a second offense, he or she will face twice the prison or fine, depending on the CDS involved.

Drug-Related Crimes

There are some common drug charges people face in Louisiana: Obtaining CDS by Fraud, Illegal Carrying of Weapon with CDS, Illegal Possession of Legend Drugs, and Possession of Drug Paraphernalia.

CDS by Fraud

CDS by Fraud
misrepresentation, fraud, forgery, deception or subterfuge


  
Obtain CDS by Fraud40:971B(1)(b)
40:971B(2)
0-5 w/wo HL$5,000
Attempt to Obtain CDS by Fraud40:971B(1)(b)
40:971B(2)
40:979(A)
0-2½ w/wo HL$2,500
• These penalties apply to other “Prohibited Acts,” such as:
- Theft of Prescriptions. 40:971B(1)(g)
- Doctor Shopping. 40:971B(1)(i)
- Alteration of Written Prescriptions. 40:971B(1)(f)

Illegal Carrying of Weapon w/ a CDS

Illegal Carrying of Weapon w/ a CDS
Use, Possession or Immediate Control of a Weapon


  
First Offense
Possession, Sale or Distribution of CDS
14:95E
5-10 at HL
w/out benefits
$10,000
Second or Subsequent Offenses
Possession, Sale or Distribution of CDS
14:95E20-30 at HL
w/out benefits
None
• No changes during 2017 Justice Reinvestment legislation.
• In Possession of CDS cases, if the CDS involved is Marijuana, the offender MUST be in possession of more than 14g. However, there is no weight cut-off for Marijuana if “sale or distribution” is alleged. Effective Date: August 1, 2016.
• Weapon is defined as, “any firearm or other instrumentality customarily used or intended for use as a dangerous weapon.”

Legend Drugs

Legend Drugs


  
Distribution (Sale or Delivery), Possession of a Legend Drug
40:1060.13(A)
40:1060.13(B)

0-6 mos in PP
$500
Illegal Prescriptions by Physician
40:1060.14(B)0-5 w/wo HL$5,000
Obtain Legend Drugs by Fraud40:1060.15(B)0-6 mos in PP$500
• RS 40:1060.11(3) "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."
• Generally speaking, a “legend drug” is understood to mean any prescription medication which is NOT a controlled dangerous substance.

Getting Pinned

There are cases of people getting caught in a car with drugs belonging to someone else.

Often, this is an acquaintance in the car with them.

When this happens, the prosecution may try to pin the charges on the innocent, too.

If this happens to you, don’t wait to contact an attorney. You may feel innocent, but that doesn’t mean you won’t end up with charges.

Drug Paraphernalia

A person can still face criminal charges without having drugs on them.

In the case of drug paraphernalia, you can face charges if you have an object that is used to take illegal drugs.

Some examples of drug paraphernalia are:

  • Baggies
  • Cut straws
  • Bongs
  • Pipes
  • Burnt spoons
  • Scales
  • Grinders
  • Needles

Unless it is your third offense, a drug paraphernalia charge is a misdemeanor.

It’s also unlawful to lend, sell, or display any drug paraphernalia.

Drug Paraphernalia

Drug Paraphernalia


  
Use or Possession w/Intent to Use Drug Paraphernalia
40:1023C
40:1025A


0-15 days PP
$300
Distribution of Drug Paraphernalia
40:1023A
40:1025A
0-15 days PP$300
To Display for Sale or PWID Drug Paraphernalia40:1023B
40:1025A
0-15 days PP$300
Second Offense (all provisions)40:1025B0-6 months PP$1000
Third or Subsequent Offense (all provisions)40:1025C0-2 w/wo HL$2,500
• Includes such things as: pipes, grinders, scales, hypodermic needles, burnt spoons, pipes, bongs, cut straws, baggies, etc.
• Residue on objects, as well as their proximity to drugs and drug use are some of the factors in determining whether an item is (or is not) drug paraphernalia. See 40:1022
• Specific items of paraphernalia are often directly associated with the use of specific types of drugs and can, therefore, be useful in proving possession or PWID those drugs.

Medical Marijuana

Louisiana law made medical marijuana legal in August 2019.

However, their laws are still restrictive in 2022. The entire state only has two locations that can legally cultivate the plant.

There are also only nine locations that can legally distribute.

Possession of Non-Medical Marijuana

In the case of non-medical marijuana, penalties depend on the amount a person has on hand.

If a person is caught with 14g or less, they will face 15 days of jail time and a maximum of $300 fine.

Between 14g and 2.5lb, the penalty bumps up to 6 months and $500.

When a person is caught with 60lbs or more of marijuana, the charge becomes a felony with up to 10 years in jail and a $30,000 fine.

Distribution or Cultivation

It is illegal in Louisiana to distribute or cultivate marijuana in any amount.

If you’re caught doing either, you could face up to 30 years imprisonment and a $50,000 fine.

However, those penalties bump up significantly if you are caught distributing to a minor. For a first offense, a person can face up to 45 years in jail. After that, up to 90 years in jail and a $200,000 fine.

Miscellaneous 2022 Louisiana Drug Possession Laws

Here are some other things to be aware of if you live in Louisiana for 2022.

Drug-Free Zones

If you are caught in possession of marijuana near a drug-free zone, you could face up to 1.5 times the maximum penalties.

Drug-free zones include all schools, playgrounds, religious buildings, and public housing.

Driver’s Licenses

If you are charged with possession of any kind, a court can take away your driver’s license privileges.

Your privileges will be revoked for at least 30 days.

However, you can gain those privileges back after a year.

Hash and Concentrates

If you are caught with hashish, penalties are the same as if you were caught with marijuana.

It all depends on the amount you had on you as well as where you were caught.

Contact Your Attorney

If you are caught in possession of any drug or drug paraphenalia, please contact your attorney or hire one.

An attorney will be able to guide you through the Louisiana drug possession laws. They will also go over your options based on your case.

Check out this article for more information on finding the right attorney for your case. Contacting the right lawyer is the first step towards putting the legal drama behind you.