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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.
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 Alprazolam | 40:969C 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) | 40:967D | shall 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) | 40:967D | shall be considered PWID Carisoprodol | |
| Distribution, Manufacture or PWID (<28g) Carisoprodol | 40:967A(1) 40:967B(1)(a) | 1-10 w/wo HL | $50,000 |
| Distribution, Manufacture or PWID (≥28g) Carisoprodol | 40:967A(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) | 40:967D | shall 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) | 40:967D | shall 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 Diazepam | 40:969C 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 HL | N/A |
| Possession of Fentanyl (2g - 28g) | 40:967C 40:967C(4)(b) | 2-10 w/wo HL | $5,000 |
| Possession of Fentanyl (≥28g) | 40:967D | shall 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 Flunitrazepam | 40:969C 40:969C(1) | 1-10 w/wo HL | $5,000 |
| Distribution, Manufacture or PWID Flunitrazepam | 40:969A(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 HL | N/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) | 40:967D | shall 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 Ketamine | 40:968C 40:968C | 1-5 w/wo HL | $5,000 |
| Distribution, Manufacture or PWID Ketamine | 40:968A(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 Offense | 40:966C 40:966C(e)(i) | 0-2 w/wo HL | $2,500 |
| Possession of Marijuana, 4th Offense or Subsequent Offenses | 40:966C 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) | 40:967D | shall 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) | 40:967D | shall 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 Methamphetamine | 40:967A 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) | 40:967D | shall 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 Oxycodone | 40:967A 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 Offense | 40:966C 40:966C(3)(a) | 0-6 mos in PP | $500 |
| Possession of Synthetic Cannabinoids, 2nd Offense | 40:966C 40:966C(3)(b) | 0-5 w/wo HL | $250 to $2,000 |
| Possession of Synthetic Cannabinoids, 3rd Offense or Subsequent Offense | 40:966C 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 Cannabinoids | 40:966A 40:966B(2)(1) | 1-10 w/wo HL | $50,000 |
| Distribution, Manufacture or PWID (≥2.5 lbs) Synthetic Cannabinoids | 40:966A 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 Tramadol | 40:969C 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 Fraud | 40:971B(1)(b) 40:971B(2) | 0-5 w/wo HL | $5,000 |
| Attempt to Obtain CDS by Fraud | 40:971B(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 | 14:95E | 20-30 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 Fraud | 40:1060.15(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 Paraphernalia | 40:1023B 40:1025A | 0-15 days PP | $300 |
| Second Offense (all provisions) | 40:1025B | 0-6 months PP | $1000 |
| Third or Subsequent Offense (all provisions) | 40:1025C | 0-2 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.
