Synthetic Cannabinoids Law in Louisiana

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Carl Barkemeyer is marijuana defense lawyer in Baton Rouge, Louisiana. manufactured to behave like marijuana are called synthetic cannabinoids.  These substances are known as "fake weed" or "fake marijuana."  These substances are illegal in Louisiana if they contain a specific chemical formula that is included in the current stautute. 

 

What are Synthetic Cannabinoids?

Synthetic cannabinoids are chemicals made by man that are mind-altering. They are smoked or inhaled. Sometimes, they are called incense. The reason these chemicals go by the cannabinoid name is that they bear some similarities with those that are found naturally in marijuana.

As a result of these, it is common to see false advertising when synthetic cannabinoids are concerned. Sometimes, they are said to be "synthetic marijuana." Some claim that it is a healthy alternative for weed. Some say that it is the legal alternative for marijuana, but that is not true.

These chemicals are far from being safe and are deadlier than marijuana. They are capable of wrecking one's life or even killing them.

These substances are illegal and fall into a class of drugs, christened, psychoactive substances (NPS). These drugs are new in the market, meaning that they are not regulated. They are created with the aim of giving the same effects as outlawed drugs.

Some of the drugs in NPS were present in the past, but when banned, they were tweaked to form something else. They are then sent into the market again in their new forms.

You will substances like them being sold in plastic bottles or even colorful foil packages to get clients to purchase. You will see them coming in different brand names.

Many stores have been able to sell these synthetic cannabinoid compounds for a long time. You may have come across it in the gas station, novelty stores, and so on. The fact that you see these drugs there doesn't mean that it is legal for them to be sold, bought, or possessed.

The fact that they do not possess any medical benefit and can be abused immediately has made both Federal and State authorities to make it illegal to sell, buy, and possess.

Some manufacturers try to get past the law by tweaking the chemicals that they use in their synthetic cannabinoids. 

synthetic cannabinoids louisiana

Why Synthetic Cannabinoids Are Illegal

The fact that you can easily access them does not make them legal or even harmless. If you are caught making, selling or assessing them, you could be arrested and charged to court for a drug crime.

They are not the same as natural cannabinoids or natural marijuana products that may not be outlawed in a lot of states. This is different and it is unregulated.

If you have been arrested for possessing a synthetic cannabinoid, or manufacturing or even selling it, it is important that you take it seriously. Do not think that it is a simple drug crime that can be ignored as time goes on. It is a severe crime that comes when a severe punishment. You need to consult a synthetic cannabinoid lawyer like Carl Barkemeyer immediately.

The fact that sometimes, standard drug tests may not detect these substances easily does not mean that you may get off the hook just like that. The state of Louisiana and even the Federal Government is clamping down hard on producers, sellers, and users of synthetic cannabinoids.

 

How People Have Been Caught Using Synthetic Cannabinoids?

It is common for the authorities to catch people smoking this material. Sometimes, they are caught spraying the material in their tea or on their legal marijuana. Some use it to vape in the liquid forms.

Whatever you use it for, it is illegal to possess it. If you are caught, you could be in serious issues, especially when you have a prior record. Do not try to talk your way out of the issue. You need a synthetic cannabinoid attorney in Louisiana to represent you and build a defense for you.

 

Why are synthetic cannabinoids outlawed?

There are different reasons for it being outlawed, but the major ones are that it has no medical benefits, it is dangerous and highly addictive. These are what are used to classify illicit drugs into their Schedules.

In many states in the country, CBD is legal as long as it has little or no THC. THC is the main reason that marijuana was banned in the past. THC is mind-altering and can affect how the brain cell receptors work.

Synthetic cannabinoids tend to mimic the action of THC when you consume it. Sometimes, the side effects are even worse. This is one reason why it is outlawed in different states of the country. These substances are known to be toxic and unpredictable.

 

These substances are also unpredictable. Usually, the manufacturers change their chemical composition from a batch to the other, making these products to act differently when consumed. The effects may be worse in the next batch. This is another reason that it is outlawed. There is no rigid chemical composition of these synthetic cannabinoid products that are being peddled outside.

The deadly effects are another reason why it is outlawed.

 

Federal Legality

Though marijuana may be legal in some parts of the country, it is still classified as a Schedule I under the Federal Law.

Synthetic cannabinoids are also classified as Schedule I controlled substances by the DEA.

If you are caught possessing it for the first time, you could get up to a year in jail or even pay up to a $1,000.

If you are a repeat offender, you could get up to two (2) years in jail. You could also pay at least a fine of $2,500.

If you have two previous drug convictions, hoi could spend up to three years in jail or pay at least $5,000.

 

Penalties for Synthetic Cannabinoids in Louisiana

 

Felony Synthetic Cannabinoids

If you are caught with synthetic cannabinoids in Louisiana, the following penalties could occur pursuant to La RS 40:966:

Possession with intent to Distribute, Distribution of Synthetic Cannabinoids, and Simple Possession of over 2.5 pounds:

  • If it is less than 2.5 pounds, the person could spend from 1 -10 years in jail or pay at most fifty thousand dollars.
  • If it is 2.5 pounds or more, the person could spend from 1 - 20 years, or pay a fine of at most fifty thousand dollars.
  • Third Conviction Simple Possession less than 2.5 pounds: This is a felony punishable in prison for up to 2 years.

 

Misdemeanor Synthetic Cannabinoids

  • First Offense:  If the defendant possesses 14 grams or less: Jail 15 days and/or Fine $300
  • First Offense:  If the defendant possesses more than 14 gram: Jail 6 months and/or Fine $500
  • Second Conviction: Jail 6 months and/or Fine $1000

 

Contact Carl Barkemeyer, the synthetic cannabinoid lawyer in Louisiana to help.

 

Illegal Chemical Compositions for Synthetic Cannabinoids in Louisiana

 

As of 2020, Louisiana Revised Statute 40:964 Schedule I F. stated that the Synthetic cannabinoids are as follows:

            (1) Naphthoylindoles: any compound containing a 3-(1-naphthoyl)indole structure, whether or not substituted in the indole ring to any extent or the naphthyl ring to any extent.

 

            (2) Naphthylmethylindoles: any compound containing a 1-H-indol-3-yl-(1-naphthyl)methane structure, whether or not substituted in the indole ring to any extent or the naphthyl ring to any extent.

 

            (3) Naphthoylpyrroles: any compound containing a 3-(1-naphthoyl)pyrrole structure, whether or not substituted in the pyrrole ring to any extent or the naphthyl ring to any extent.

 

            (4) Naphthylmethylindenes: any compound containing a 1-(1-naphthylmethyl)indene structure, whether or not substituted in the indene ring to any extent or the naphthyl ring to any extent.

 

            (5) Phenylacetylindoles: any compound containing a 3-phenylacetylindole structure, whether or not substituted in the indole ring to any extent or the phenyl ring to any extent.

 

            (6) Cyclohexylphenols: any compound containing a 2-(3-hydroxycyclohexyl)phenol structure, whether or not substituted in the cyclohexyl ring to any extent or the phenyl ring to any extent.

 

            (7) Benzoylindoles: any compound containing a 3-(benzoyl)indole structure, whether or not substituted in the indole ring to any extent or the phenyl ring to any extent.

 

            (8) Tetrahydrodibenzopyrans whether or not substituted in the tricyclic ring system except where contained in cannabis or cannabis resin.

 

            (9) Hexahydrodibenzopyrans whether or not substituted in the tricyclic ring system except where contained in cannabis or cannabis resin.

 

            (10) Cyclopropanoylindoles: any compound containing a 3-(cyclopropanoyl)indole structure, whether or not substituted in the indole ring to any extent or the cyclopropyl ring to any extent.

 

            (11) Adamantoylindoles: any compound containing a 3-(1-adamantoyl)indole structure, whether or not further substituted in the indole ring to any extent or whether or not substituted in the adamantyl ring to any extent.

 

            (12) Naphthylamidoindoles: any compound containing a N-(naphthyl)-1H-indole-3-carboxamide structure, whether or not further substituted in the indole ring to any extent or whether or not substituted in the naphthyl ring to any extent.

 

            (13) Quinolinylindolecarboxylates: any compound containing a quinolin-8-yl-1H-indole-3-carboxylate or isoquinolin-8-yl-1H-indole-3-carboxylate structure, whether or not further substituted in the indole, quinloline, or isoquinoline ring to any extent.

 

            (14) Adamantylamidoindoles: Any compound containing a N-(adamantyl)-1H-indole-3-carboxamide structure, whether or not further substituted in the indole ring to any extent or whether or not substituted in the adamantyl ring to any extent.

 

            (15) Naphthylindolecarboxylates: Any compound containing a naphthyl-1H-indole-3-carboxylate structure, whether or not further substituted in the indole ring or the naphthyl ring to any extent.

 

            (16) Benzylindolecarboxamides: Any compound containing a N-benzyl-1H-indole-3-carboxamide structure, whether or not further substituted in the indole ring or the phenyl ring to any extent.

 

            (17) Quinolinylindolecarboxamides: Any compound containing a N-quinolinyl-1H-indole-3-carboxamide or N-isoquinolinyl-1H-indole-3-carboxamide structure, whether or not further substituted in the indole, quinoline or the isoquinoline ring to any extent.

 

            (18) Phenylindolecarboxamides: Any compound containing a N-phenyl-1H-indole-3-carboxamide structure, whether or not further substituted in the indole ring or the phenyl ring to any extent.

 

            (19) Butaldehydeamidoindoles: Any compound containing a N-(1-oxobutan-2yl)-1H-indole-3-carboxamide structure, with or without substitution in the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkoxy, aryl, aryl halide, alkylarylhalide, cycloalkymethyl, cycloalkylethyl, alkenyl, haloalkenyl, aliphatic alcohol, hydroxyl, morpholinoethyl, alkylmorpholinomethyl, alkylpiperidinylmethyl or a tetrahydropyranylmethyl group, whether or not further substituted on the butaldehyde group to any extent.

 

            (20) Phenylpropionaldehydeamidoindoles: Any compound containing a N-(1-oxo-3-phenylpropan-2yl)-1H-indole-3-carboxamide structure, with or without substitution in the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkoxy, aryl, aryl halide, alkylarylhalide, cycloalklymethyl, cycloalkylethyl, alkenyl, haloalkenyl, aliphatic alcohol, hydroxyl, morpholinoethyl, alkylmorpholinomethyl, alkylpiperidinylmethyl or a tetrahydropyranylmethyl group, whether or not further substituted on the phenylpropionaldehyde group to any extent.

 

            (21) Cumylindolecarboxamides: Any compound containing a N-(2-phenylpropane-2-yl)-1H-indole-3-carboxamide structure, with or without substitution in the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkoxy, aryl, aryl halide, alkylarylhalide, cycloalkymethyl, cycloalkylethyl, alkenyl, haloalkenyl, aliphatic alcohol, hydroxyl, morpholinoethyl, alkylmorpholinomethyl, alkylpiperidinylmethyl or a tetrahydropyranylmethyl group, whether or not further substituted on the phenyl group to any extent.

 

            (22) (1-(5-fluoropentyl)-1H-benzimidazol-2-yl)(naphthalen-1-yl) methanone

 

            (23) (4-methylpiperazin-1-yl)(1-pentyl-1H-indol-3-yl) methanone

 

            (24) 1-(5-fluoropentyl)N-naphthalen-1-yl)-1H-pyrrolo[3,2-c]pyridine-3-

 

carboxamide

 

            (25) N-fenchyl-1-[2-(morpholin-4-yl)ethyl]-7-methoxyindole-3-carboxamide

 

            (26) naphthalen-1-yl(9-pentyl-9H-carbazol-3-yl)methanone

 

            (27) naphthalen-1-yl(9-(5-fluoropentyl)-9H-carbazol-3-yl)methanone

 

            (28) 1-methoxy-3,3-dimethyl-1-oxobutanyl-2yl-(1-cyclohexylmethyl)- 1H-indazole-3-carboxylate

 

Contact Synthetic Cannabinoids Defense Lawyer, Carl Barkemeyer to discuss possible representation.

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