From New Orleans to Baton Rouge, Louisiana is brimming with opportunities for fun and excitement. Unfortunately, when people start having fun, what is happening can sometimes get out of control rather quickly. Louisiana is one of the most active locations for drug crimes and charges in the United States, and thousands of people are arrested each year.
If you or someone you know has recently been charged with a drug offense, you might be wondering if you or they will face penalties for a misdemeanor or a felony. There are multiple levels of drug charges in Louisiana. Here, we’ll find out how different possession charges are classified in Louisiana.
Understanding Louisiana’s Controlled Substances
Understanding the definition and classification of controlled substances is crucial in navigating drug possession charges in Louisiana. Knowing which schedule a substance falls under can significantly impact the severity of the charges and the potential penalties you might face.
Definition of Controlled Substances in Louisiana
In Louisiana, controlled substances are defined as drugs or chemicals that have the potential for abuse and are regulated by the state’s laws. These substances are categorized into five schedules based on their potential for abuse, accepted medical use, and potential for dependence.
Schedules of Controlled Substances (I-V)
Louisiana classifies controlled substances into five distinct schedules, each reflecting the substance’s potential for abuse and medical utility:
- Schedule I: These substances have a high potential for abuse and no accepted medical use. Examples include heroin and LSD. Possession of Schedule I drugs often results in the most severe penalties.
- Schedule II: These drugs also have a high potential for abuse but have accepted medical uses. Examples include oxycodone and fentanyl. While they are used medically, their potential for abuse means possession can still lead to significant penalties.
- Schedule III: These substances have a moderate potential for abuse and accepted medical uses. Examples include anabolic steroids and codeine. The penalties for possession are generally less severe than for Schedule I or II substances.
- Schedule IV: These drugs have a low potential for abuse and accepted medical uses. Examples include benzodiazepines and sleep aids. Penalties for possession are typically less severe.
- Schedule V: These substances have the lowest potential for abuse and accepted medical uses. Examples include certain cough medicines and antihistamines. Possession of Schedule V substances usually results in the least severe penalties.
Understanding these schedules is essential for anyone facing drug possession charges, as the classification of the substance can greatly influence the legal consequences.
Examples of Controlled Substances (Marijuana, Heroin, Cocaine, Methamphetamine)
To provide a clearer picture, here are some examples of controlled substances and their classifications in Louisiana:
- Marijuana: Classified as a Schedule I substance, marijuana possession can lead to penalties ranging from fines to imprisonment, depending on the amount and other factors.
- Heroin: Also a Schedule I substance, heroin possession carries severe penalties, including significant fines and imprisonment.
- Cocaine: This is a Schedule II substance, meaning it has accepted medical uses but a high potential for abuse. Penalties for possession include imprisonment and fines.
- Methamphetamine: Another Schedule II substance, methamphetamine possession can result in harsh penalties, including imprisonment and substantial fines.
These examples illustrate the range of controlled substances and the varying degrees of penalties associated with their possession.
What Happens When You’re Charged With Drug Possession Charges in Louisiana?
According to the law, drug possession is “…When someone has on his or her person, or available for his or her use, a small amount of an illegal substance for the purpose of consuming or using it but without the intent to sell or give it to anyone else.”
You can be charged with possession if you have a controlled substance on your person for personal use or to give or sell it to someone else.
Once you’re charged with possession, you’ll be arrested and your case will be sent to a prosecutor. From there, you’ll be given a court date. Depending on the nature of your charges, you’ll either need to appear in court, or an attorney will settle your case beforehand. To be able to convict you for possession, the prosecution will need to be able to prove that you were in either actual or constructive possession of the drugs.
Remember, you have the right to an attorney whenever you’re charged with a drug crime. If you can’t afford an attorney on your own, you’re entitled to the state’s attorney. A credible and experienced attorney will be able to use the details of your case to build a viable defense that works in your favor.
What Constitutes a Drug Possession Felony in Louisiana?
When you’re charged with possession in Louisiana, it can be categorized as either a misdemeanor or a felony. There are multiple factors that determine the classification. The most common factors for determining whether a crime is a misdemeanor or felony include:
- The amount of illegal substance you have
- The schedule of the illegal substance
- The number of prior drug charges you’ve faced
- Whether or not you intended to sell the drugs
Other factors that can impact your charges include where you were found in possession of the drugs and whether you’re a minor or an adult. Typically, the greater the potential for abuse the substance has and the more of it you possess, the more aggressive the charge. So, large amounts of a Schedule I substance will likely lead to a felony drug charge, which carries severe consequences that could follow you for life.
Aggravating Factors in Drug Possession Cases
Aggravating factors can significantly enhance the severity of a drug possession charge, leading to more severe penalties.
Presence of Aggravating Factors (Prior Convictions, Drug-Free Zone)
In Louisiana, some common aggravating factors include:
- Prior Convictions: If you have previous convictions for drug-related offenses, this can lead to harsher penalties for subsequent charges.
- Possession of a Large Quantity: Having a large quantity of the substance can elevate a simple possession charge to a more serious offense.
- Possession of a Firearm or Other Deadly Weapon: Being found with a weapon in conjunction with drug possession can lead to more severe charges and penalties.
- Drug-Free Zone: Possession of drugs near a school or other protected area, known as a drug-free zone, can result in enhanced penalties.
- Intent to Distribute: If there is evidence that you intended to distribute the substance, this can lead to a felony charge with severe consequences.
The presence of these aggravating factors can turn a misdemeanor drug possession charge into a felony charge, with penalties including imprisonment, fines, and mandatory probation. It is essential to understand the aggravating factors that may apply to your case and to seek the advice of an experienced criminal defense attorney to navigate the complexities of Louisiana’s drug laws. An attorney can help you understand the specific factors in your case and work to mitigate the potential penalties.
You Could Face Serious Penalties for Drug Possession
Schedule I drugs are the most illicit types of drugs, and if you’re found with them, you will likely be charged with a felony. Schedule I drugs are classified as controlled, dangerous substances due to their high potential for abuse and lack of accepted medical use. Whether you’re charged with a misdemeanor or a felony, however, you will face serious penalties.
A felony is the most serious criminal classification in Louisiana, so the penalties are the most severe. Common penalties for a felony drug possession include:
- Up to $5,000 in fines
- Up to 5 years in prison
- Probation
If you’re found with more than 400 grams of a Schedule I substance, the penalties are increased, and you can face up to $600,000 in fines and up to 30 years of incarceration. Working with an attorney could help you plead to a lesser charge or have your charges eliminated. The facts of your case will determine your options for a strong defense, but it’s up to a skilled lawyer to gather those facts and look into how the police handled your arrest.
Get an Experienced Criminal Defense Attorney On Your Side
In any situation, drug charges can have a highly detrimental impact on your daily life and your future. Being charged with a drug crime makes it difficult to obtain your driver’s license, employment, public housing, college, and many other lifestyle necessities.
If you’ve been charged with a drug crime, you need a trustworthy and experienced attorney on your side. In Louisiana, The John D. & Eric G. Johnson Law Firm has focused on defending drug charges for decades. Attorney Eric G. Johnson has more than 25 years of experience protecting the rights of the criminally accused across Louisiana. He is a member of the Louisiana Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers. To schedule a free consultation, call 318-377-1555 or contact us online.