Louisiana may be famous for its relaxed approach to some laws, such as open-container alcohol regulations and drive-thru daiquiris, but drug laws in the state are among the toughest in the nation. Whether it’s possessing Schedule 1 drugs or a first-time felony drug charge, penalties are harsh and can have lasting consequences on your life. If you’ve been charged with a drug-related offense, reaching out to experienced Baton Rouge criminal defense lawyers is critical.
At Dewey & Braud Law, our attorneys bring over 25 years of combined legal experience to help clients fight for their freedom. We understand how to build a strong defense tailored to your case so that we can protect your future and minimize the consequences you face under Louisiana drug laws.
Louisiana Drug Laws and Classifications
Understanding Louisiana’s strict drug laws is essential for anyone facing charges. Drug offenses are classified based on the controlled dangerous substance (CDS) involved, the amount in possession, and whether there was intent to distribute.
Controlled Dangerous Substances - Schedule 1 through 4
Louisiana law categorizes drugs into five schedules, with Schedule 1 representing the most dangerous substances.
- Schedule 1 Drugs: High potential for abuse, no accepted medical use. Examples include heroin, LSD, and ecstasy.
- Schedule 2 Drugs: High potential for abuse but with limited medical applications. Examples include cocaine, methamphetamine, and fentanyl.
- Schedule 3 Drugs: Moderate abuse potential. Examples are anabolic steroids and certain prescription medications.
- Schedule 4 Drugs: Lower abuse potential with medical uses. Includes Xanax and Valium.
Possessing or distributing these substances comes with severe consequences, particularly for Schedule 1 and 2 drugs.
Felony Drug Possession and Intent to Distribute
Possession of certain drugs like heroin or cocaine may lead to felony charges if the quantity exceeds specified limits or prosecutors believe intent to distribute is present. The penalties depend on the schedule classification and the quantity of the substance.
For instance:
- Possession of Schedule 1 Drugs: Even small amounts of substances like heroin or LSD can lead to lengthy prison time.
- Possession of Schedule 2 Drugs: Includes severe penalties for substances such as fentanyl and methamphetamine.
Larger quantities often result in charges of possession with intent to distribute in Louisiana, leading to even harsher penalties. The state often combines evidence like packaging materials or past behavior to justify the intent-to-distribute charges.
Marijuana Laws in Louisiana
Given the nationwide push for cannabis reform, it’s essential to understand how Louisiana handles marijuana. Unlike other states that have relaxed their cannabis policies, Louisiana maintains strict controls.
Is Marijuana Legal in Louisiana?
Since 2017, marijuana has been legal for medicinal use only, and even then, regulations are stringent. Recreational possession remains illegal, with penalties varying based on the amount found in your possession.
Penalties may include:
- First Offense: Possessing 14 grams or less results in a misdemeanor with up to 15 days in jail and/or fines of up to $300.
- Second Offense: Increased penalties, including longer jail time and higher fines.
- Third and Fourth Offenses: Felony charges with potential prison sentences and permanent marks on your record.
Possessing larger quantities or trafficking marijuana comes with significantly harsher penalties. Understanding these consequences is essential for anyone dealing with possession of marijuana in Louisiana charges.
Penalties for Drug Possession and Distribution
The penalties for possessing controlled dangerous substances (CDS) vary based on their classification under Louisiana law. The higher the schedule (Schedule 1 or 2), the more severe the punishment. Convictions often carry mandatory minimum sentences, reflecting Louisiana's zero-tolerance stance on drug-related crimes.
Specific Drug Possession Penalties
Both cocaine and heroin carry escalating punishments for repeat offenders, larger quantities, or cases involving intent to distribute. These offenses are prosecuted aggressively, and the consequences can include lengthy prison terms, heavy fines, and collateral impacts on employment, housing, and personal freedoms.
Cocaine (Schedule 2 Drug):
- Under 2 grams: 2 years in prison and fines of up to $5,000.
- 2–28 grams: 1–5 years in prison and fines up to $5,000.
Heroin (Schedule 1 Drug):
- Under 2 grams: 2–4 years in prison.
- 2–28 grams or more leads to greater penalties and can include intent-to-distribute charges.
Being charged with a drug crime in Louisiana is a serious matter. Understanding these penalties is critical, but having an experienced legal advocate on your side is even more vital. At Dewey & Braud Law, LLC, we have the knowledge and resources to protect your rights and fight for the best possible outcome in your case.
First-Time Offender and Felony Drug Charges in Louisiana
If you’re a first-time offender facing a felony drug charge in Louisiana, you may be eligible for alternative sentencing programs in some cases. Programs like probation, rehabilitation, or community service can result in reduced penalties or dismissals for specific offenses. However, this largely depends on the judge's discretion and the nature of the crime.
For those who’ve been accused multiple times, penalties will escalate, especially for possession with intent to distribute in Louisiana.
Building a Strong Defense with Dewey & Braud
At Dewey & Braud Law, we understand the legal intricacies of drug laws in Louisiana. Our goal is to protect your rights and freedom by crafting a meticulous defense strategy. Steps include:
- Conducting a detailed review of all evidence presented by the prosecution.
- Identifying errors or inconsistencies in the charges filed against you.
- Negotiating with prosecutors to reduce or dismiss your charges.
- Preparing a compelling defense for trial, if necessary.
With extensive knowledge of Louisiana’s drug laws, we’ve been able to secure favorable outcomes, even in complex cases involving possession of schedule 2 Louisiana sentences, possession of schedule 1 drugs in Louisiana, and other severe CDS charges.
Contact Dewey & Braud Law, LLC Today
If you’ve been charged with a drug crime, time is critical. Early intervention provides the best opportunities to achieve a positive outcome. At Dewey & Braud Law, we take pride in offering compassionate and effective legal representation for those accused under Louisiana’s stringent laws.
Contact us today to schedule a free consultation. Don’t face these charges alone, our Baton Rouge possession with intent to distribute Louisiana attorneys are ready to fight for you.
