Distribution or Possession of Schedule II — Louisiana

Posted by & filed under Crimes Defined, Criminal Statutes, Drug Crimes.

 

Louisiana Drug Laws: Distribution or Possession Schedule II

New-Orleans-La-Schedule-II-Laws-Attorney

 

It shall be unlawful for any person knowingly or intentionally:

(1)  To manufacture, distribute, or dispense or possess with intent to distribute, a controlled dangerous substance or controlled substance analogue classified in Schedule II;

(2)  To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified inSchedule II.

 

 

Possession or Distribution of Schedule II

It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance as classified in Schedule II unless such substance was obtained by a valid prescription or order from a practitioner.

Any Schedule II Controlled Dangerous Substance(except pentazocine, amphetamine, methamphetamine, cocaine, oxycodone, or methadone) shall be imprisoned with or without hard labor for not more than 5 years and, in addition, may be sentenced to pay a fine of not more than $5,000.

Penalties production, manufacturing, distribution of any other controlled dangerous substance classified in Schedule II (except pentazocine, amphetamine, methamphetamine, cocaine, oxycodone, or methadone) shall be sentenced to a term of imprisonment at hard labor for not more than 10 years, and in addition may be sentenced to pay a fine of not more than $15,000.

 

Possession or Distribution Amphetamine or Methamphetamine

Distribution or Possession with Intent to Distribute a Schedule II which is an amphetamine or methamphetamine, shall be sentenced to a term of imprisonment at hard labor for not less than 2 years nor more than 30 years; and may, in addition, be sentenced to pay a fine of not more than $50,000.  (Does not include Cocaine, Crack, Oxycodone or Methadone).

Production or manufacturing of amphetamine or methamphetamine shall be sentenced to imprisonment at hard labor for not less than 10 years nor more than 30 years, at least 10 years of which shall be served without benefit of parole, probation, or suspension of sentence, and in addition may be sentenced to pay a fine of not more than $500,000.

 

Possession or Distribution Pentazocine

Possession of Pentazocine shall be imprisoned with or without hard labor for not less than 2 years and for not more than 5 years and, in addition, may be sentenced to pay a fine of not more than $5,000.00.

Production or Manufacturing Pentazocine, shall be sentenced to imprisonment at hard labor for not less than 2 years nor more than 10 years, at least 2 years of which shall be served without benefit of parole, probation, or suspension of sentence, and, in addition, may be sentenced to pay a fine of not more than $15,000.

 

Possession or Distribution Cocaine, Crack, Oxycodone or Methadone

Production or manufacturing shall be sentenced to imprisonment at hard labor for not less than 10 nor more than 30 years, at least 10 years of which shall be served without benefit of parole, probation, or suspension of sentence, and may be fined not more than $500,000.

Distribution, dispensing, or possession with intent to distribute shall be sentenced to a term of imprisonment at hard labor for not less than 2 years nor more than 30 years, with the first 2 years of said sentence being without benefit of parole, probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine of not more than $50,000 dollars.

 

Louisiana Schedule II Enhanced Penalties

 

“Child Endangerment Law” — When the state proves that a minor child 12 years of age or younger is present at the time of the commission of the offense, the minimum mandatory sentence shall be 15 years without benefit of parole, probation, or suspension of sentence.

 

Possession of Cocaine — Enhanced Penalties

Possession of 28 grams or more, but less than 200 grams, of cocaine — sentenced to serve a term of imprisonment at hard labor of not less than 5 years, nor more than 30 years, and to pay a fine of not less than $50,000, nor more than $150,000 dollars.

Possession of 200 grams or more, but less than 400 grams, of cocaine — sentenced to serve a term of imprisonment at hard labor of not less than 10 years, nor more than 30 years, and to pay a fine of not less than $100,000 dollars, nor more than $350,000 dollars.

Possession of 400 grams or more of cocaine — sentenced to serve a term of imprisonment at hard labor of not less than 15 years, nor more than 30 years and to pay a fine of not less than $250,000, nor more than $600,000.

 

Possession of Amphetamine or Methamphetamine — Enhanced Penalties

Any person who knowingly or intentionally possesses 28 grams or more, but less than 200 grams, of amphetamine or methamphetamine — sentenced to serve a term of imprisonment at hard labor of not less than 5 years, nor more than 30 years, and to pay a fine of not less than $50,000, nor more than $150,000.

Any person who knowingly or intentionally possesses 200 grams or more, but less than 400 grams, of amphetamine or methamphetamine — sentenced to serve a term of imprisonment at hard labor of not less than 10 years, nor more than 30 years, and to pay a fine of not less than $100,000, nor more than $350,000.

Any person who knowingly or intentionally possesses 400 grams or more of amphetamine or methamphetamine — sentenced to serve a term of imprisonment at hard labor of not less than 15 years, nor more than 30 years, and to pay a fine of not less than $250,000, nor more than $600,000.

 

Possession of Gamma Hydroxybutyric Acid ( GHB ) — Enhanced Penalties

Any person who knowingly or intentionally possesses 28 grams or more, but less than 200 grams, of gamma hydroxybutyric acid –sentenced to serve a term of imprisonment at hard labor of not less than 5 years, nor more than 30 years, and to pay a fine of not less than $50,000, nor more than $150,000.

Any person who knowingly or intentionally possesses 200 grams or more, but less than 400 grams, of gamma hydroxybutyric acid — sentenced to serve a term of imprisonment at hard labor of not less than 10 years, nor more than 30 years, and to pay a fine of not less than $100,000, nor more than $350,000.

Any person who knowingly or intentionally possesses 400 grams or more of gamma hydroxybutyric acid — sentenced to serve a term of imprisonment at hard labor of not less than 15 years, nor more than 30 years, and to pay a fine of not less than $250,000, nor more than $600,000.

 

With respect to the enhanced penalties above, the sentence SHALL NOT be suspended, deferred, or withheld, nor shall such person be eligible for probation or parole prior to serving the minimum sentences.

 

Legal Representation

To learn more about how a New Orleans drug crimes defense attorney can help you, contact Elizabeth B. Carpenter for a consultation.
 

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