Posts Tagged ‘drug crimes’

Can the Police Search My Car?

Drug Possession Distribution Attorney Louisiana


Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
  

 

 

The Fourth Amendment of the U.S. Constitution protects citizens against unreasonable searches. The amendment applies to government agents, like police officers. It does not apply to searches by private individuals. This protection extends to automobile searches, but it is not absolute. However, if a court finds that evidence was taken during an unlawful vehicle search, the court will not allow the prosecution to use that evidence.

 

Searches and Your Expectation of Privacy

A “search” can occur when a governmental agent intrudes in an area where you have a “reasonable expectation of privacy.” Deciding a “reasonable expectation of privacy” involves two questions. First, did you have an actual – meaning subjective or in your own mind – expectation of privacy? Second, would the subjective expectation of privacy be reasonable to an objective, uninvolved person?

 

Consent to Search

In certain situations, you may refuse to let a governmental agent search your vehicle. The agent is not required to inform you of your right to refuse. If you agree to the search, it must be voluntary – meaning you weren’t under pressure to comply. You also have the right to limit where the agent can search – the trunk but not the glove box, for example. You are free to change your mind at any time, even after the search has started.

 

Probable Cause to Search

A government agent with probable cause can search your car without you agreeing. Probable cause means a reason to believe the car more than likely contains evidence related to a crime. A routine traffic stop can develop into probable cause to search the vehicle. After pulling a car over for a traffic violation, a police officer might notice that the driver matches the description of someone suspected of stealing parts from automobiles. The officer also notices automobile parts in the back seat. These additional facts most likely create probable cause for the police officer to search the vehicle.

 

Search Incident to Lawful Arrest

When a police officer makes a lawful arrest, the officer may search not only the arrested person but also the area immediately around the arrested person – like the car the person was traveling in just before the arrest. However, this only applies if the person is arrested. If the driver is only given a traffic ticket, the police officer cannot search the vehicle. If a police officer has the choice to either issue a ticket or make an arrest, the officer must make the arrest in order to search the car.

 

The law surrounding searches of vehicles is complicated. Plus, the facts of each case are unique.

 

“The goal of every drug crime case is to not be convicted”

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Lawyer

 

Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.  When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:

  • Did the police have the right to pull our client over?,

 

  • Did the police have the right to search our client’s home?,

 

  • Did the police have the right to search out client’s car?

 

Our first goal is to try to exclude / suppress any and all evidence of a drug crime.  If the evidence is suppressed, the state cannot use the evidence to convict our client.  The goal in every drug crime case is to not be convicted.

If you have been arrested for Drug Possession, contact our office for a consultation.  We want to protect your rights!

 

 

Possession and Distribution Bath Salts — Louisiana Drug Crime

ST. TAMMANY DRUG CRIME DEFENSE ATTORNEY

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney  

 

In early 2011, the Louisiana Legislature passed emergency legislation making the Possession and Sale of “Bath Salts”  illegal under La R.S. 40:966.  These Bath Salts are considered a Schedule I Controlled Dangerous Substance — by definition, this means that the substance has a high potential for abuse and has no currently accepted medical use in the U.S.

 

Illegal “Bath Salts” can be broken down into the following chemicals:

3,4-Methylenedioxymethcathinone (Methylone),

3,4-Methyenedioxypyrovalerone (MDPV),

4-Methylmethcathinone (Mephedrone),

4-methoxymethcathinone,

4-Fluoromethcathinone and

3-Fluoromethcathinone

 

By adding these chemicals to the controlled dangerous substance act as Schedule I drugs, the possession, manufacturing or distribution of these drugs will carry penalties similar to those of heroin, which could mean up to 30 years in prison.

 

“The goal of every drug crime case is to not be convicted”

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Lawyer

 

Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.  When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:

  • Did the police have the right to pull our client over?,

 

  • Did the police have the right to search our client’s home?,

 

  • Did the police have the right to search out client’s car?

 

Our first goal is to try to exclude / suppress any and all evidence of a drug crime.  If the evidence is suppressed, the state cannot use the evidence to convict our client.  The goal in every drug crime case is to not be convicted.

If you have been arrested for Drug Possession, contact our office for a consultation.  We want to protect your rights!

 

New Hampshire House Passes Marijuana Decriminalization Bill

Louisiana Marijuana Defense Attorney

 

Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.

 

Support the decriminalization of Marijuana!

 

New Hampshire House Passes

Marijuana Decriminalization Bill

by Phillip Smith, stopthedrugwar.org

The New Hampshire House barely passed a marijuana decriminalization bill Thursday. The bill squeaked by on a 162-161 vote, not enough to overcome a threatened veto by Gov. John Lynch (D).

New Hampshire State Capitol, Corcord (wikimedia.org)

Supporters were able to win passage only after Republican House Speaker Bill O’Brien abstained, allowing the one-vote victory.

The bill, House Bill 1526, would make possession of less than a half-ounce of marijuana a civil infraction for the first and second offenses, with fines capped at $250 and $500, respectively. Subsequent offenses would be misdemeanors punishable by up to a year in jail and a $1,000 fine. Current law specifies up to a year in jail and a $2,000 fine for any simple marijuana possession offense.

The bill is “a measured and calculated reduction in penalties,” wrote Rep. Kyle Tasker (R-Nottingham) in a report on the measure he wrote for the Criminal Justice Committee, which earlier approved it. It has worked well in neighboring states that have adopted it, he added.

But Gov. Lynch has promised to veto the measure if it makes it past the Senate.

“Marijuana is a controlled drug that remains illegal under federal law. New Hampshire parents are working to keep their kids away from marijuana and other drugs. We should not make the jobs of parents — or law enforcement — harder by sending a false message that some marijuana use is acceptable,” Lynch spokesman Colin Manning told theAssociated Press after the vote.

Fourteen states have decriminalized marijuana possession, including New Hampshire neighbors Massachusetts, Maine, and Connecticut.

Concord, NH

United States

NOPD Officer Who Shot Unarmed Pot Suspect in Gentilly is Identified

 

Louisiana Criminal Defense Attorney

 

Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.

 

 

 

NOPD Officer Who Shot Unarmed Pot Suspect in Gentilly is Identified

 

By Brendan McCarthy, The Times-Picayune

 

New Orleans police officials confirmed Thursday that the 20-year-old man who was fatally shot by a plain-clothed narcotics officer during a drug raid at a Gentilly house a day earlier was unarmed. New Orleans police officer Joshua Colclough, 28, fired a single shot Wednesday evening that killed Wendell Allen, 20. Police officials were guarded in their comments about the shooting Thursday, citing the ongoing investigation.

wendell-allen-family-protest.jpg
Ted Jackson, The Times-PicayuneFamily members protest in front of NOPD headquarters during a news conference Thursday concerning the shooting of Wendell Allen. Allen’s grandmother is at left, his sister Karen Allen is at center, and his aunt Crystal Butler is at right.

“We have not been able to yet completely understand what exactly occurred,” Police Superintendent Ronal Serpas said Thursday.

The shooting took place inside a red-brick, two-story home at 2651 Prentiss Ave. in Gentilly. Officers were executing a search warrant at the home following a days-old probe of marijuana dealing. Serpas said officers later found drug paraphernalia and 138 grams of marijuana — about four and a half ounces — inside the residence.

It was the second fatal shooting of a suspect by police within a week in the NOPD’s 3rd District, a relatively sleepy swath of residential neighborhoods that stretch from Lakeview through Gentilly. In last week’s incident, in Mid-City, two officers were badly injured in a gunfight before the alleged gunman, 20-year-old Justin Sipp, was killed by police gunfire.

The response of city leaders to the two incidents, not surprisingly, has been markedly different. After last week’s shooting, city and police leaders gathered at a news conference. They called the the officers heroic, making clear that they believed the cops were provoked by civilian gunfire and that the officers’ actions appeared justified.

Officers are permitted to use deadly force, such as firing a gun, when they have a reasonable belief that they or somebody else is in imminent danger of death or bodily harm.

But on Thursday, NOPD officials offered no real narrative to explain what, if anything, prompted Colclough to fire on Allen, a former standout high school basketball player. Police officials repeatedly offered condolences to Allen’s family, while vowing to conduct a thorough, transparent investigation.

Serpas acknowledged that Allen was unarmed, that he was shot in the chest by a police officer, that narcotics officers were searching for drugs.

“We still have very many questions to answer,” Serpas said. “We will ensure and commit to our community that we will do so in the utmost of transparency and in the collaboration with our partners in the federal government, our partners in state government, and our supportive relationship with the independent police monitor.”

The investigation that led officers to the Prentiss Avenue home began earlier this week. A confidential informant for a Jefferson Parish sheriff’s deputy tipped off police that a man named “Troy” was dealing marijuana from inside the home, according to NOPD’s application for a search warrant. Police identified the alleged pot dealer as Troy Deemer, 19.

The warrant states that Jefferson Parish Sgt. John Pacaccio and NOPD Officer Michael Voltolina watched the house for a 48-hour period and saw several “hand-to-hand” drug transactions in the driveway.

On Wednesday, the officers allegedly spotted Deemer leave the home carrying a white package. They followed him to Jefferson Parish and stopped the pick-up truck after he failed to signal a lane change, according to Serpas. The JPSO deputies allegedly noticed a marijuana scent inside the truck. They called for a K-9 unit, and shortly later recovered a one-pound package of marijuana inside the truck, the warrant states.

 

map-allen-030912.jpg

 

With Deemer in custody, the investigators sought to search the Prentiss Avenue house.

At 5:15 p.m., a New Orleans Criminal District Court Magistrate Robert Blackburn signed a warrant authorizing the search of the home, and authorizing the seizure of any drugs, particularly marijuana, or weapons that could be tied to a drug trade.

The search commenced shortly afterward, about 5:40 p.m. Wednesday, just before dusk.

Four JPSO deputies formed a perimeter in the back of the house, police said. Three NOPD officers lined the front of the building. Meanwhile, an NOPD sergeant and five other NOPD officers went to the front door, according to Serpas.

They were in plainclothes but wore “raid jackets” identifying themselves as police officers, Serpas said.

“Before they entered the residence, officers announced their presence and announced their intention to serve a search warrant,” Serpas said. “Receiving no answer, they had to break the door.”

The officers spread through the house.

 

Serpas holds press conference on Wendell Allen ShootingSerpas holds news conference on Wendell Allen shooting
NOPD Superintendent Ronal Serpas holds a news conference concerning the shooting of Wendell Allen.

 

“While some officers moved upstairs, a single gunshot was heard,” Serpas added.

A single bullet struck Allen in the chest. It penetrated his lungs, heart and aorta, said Coroner Frank Minyard.

The lanky 6-foot 3-inch former basketball star fell to floor the in the stairwell. He came to rest on a landing. He died “almost instantly,” Minyard said.

There is no evidence that the gunshot came at close range; there was no evidence of gunpowder on Allen’s skin, Minyard said.

Allen’s sister, 14-year-old Jazmine Jones, said her brother was shirtless, wearing only pajama pants. She said Allen was upstairs inside his room, and she was watching television with a younger brother, when police barged through the front door.

“As soon as they run upstairs, I heard a gunshot,” Jones said. She described a chaotic scene, with mass confusion, as police spread through the home, guns drawn, and children scuttling about.

 

Grandmother of Wendell Allen speaks about her grandsonGrandmother of Wendell Allen speaks about her grandson
A 20-year-old man was shot in the chest and killed by New Orleans police who arrived at a Prentiss Avenue home early Wednesday evening with a narcotics search warrant, according to police and family members. The young man was identified as Wendell Allen, according to his grandmother, Deborah Allen.

 

“I don’t understand why this happened,” she said.

Police said that five children, ranging in age from 1 to 14, were in the house at the time. The children were taken to the Child Advocacy Center Wednesday night, police said.

Two men were detained inside the residence. Brandon Boles, 19, and Davin Allen, 20, were both arrested and booked with possession with the intent to distribute marijuana.

Serpas said officers recovered “digital scales, packing materials and 138 grams of marijuana,” inside the home. Though Allen was unarmed, someone inside the house alerted investigators to a gun “hidden inside the house,” Serpas said.

Officers later discovered a .380 caliber handgun. Serpas did not indicate whether the gun was legal or illegal, or whether it had been registered or stolen. Nor did he link it directly to Allen.

While Serpas released these details at a late-afternoon news conference at NOPD headquarters, Allen’s relatives stood outside, holding signs aloft demanding justice for their loved one.

They alleged that the shooting was unjustified and called police “killers.”

“They killed him for nothing,” said Allen’s aunt, Karen Allen, 32, of Sulphur.

Mayor Mitch Landrieu on Thursday pledged that the NOPD will conduct a “full, open and fair” investigation of the incident. In a midday briefing in his office, the mayor called the shooting was a “tragic event.”

“My heart goes out to the family of the young man who was killed,” he said, while declining to talk in detail about the facts of the case. Landrieu said he and Crime Commissioner James Carter met with Allen’s mother and grandmother for about 45 minutes Thursday morning in City Hall.

“She was upset, obviously,” Landrieu said about Allen’s mother. “She lost her baby boy. She wanted to make sure that justice was done.”

Landrieu repeatedly emphasized that two FBI agents are embedded in the NOPD’s Public Integrity Bureau, which investigates officer-involved shootings along with the agency’s homicide division. The city’s Independent Police Monitor will also monitor the NOPD’s investigation, he said.

Allen was a star basketball forward at the former Frederick Douglass High School, where he averaged 21 points per game in late January 2010. He made the Times-Picayune All-Metro team. He also played football at the school.

According to online court records, Allen was arrested in January 2011 on a felony charge of possessing marijuana with intent to distribute. He failed to appear for his first court appearance and was arrested three weeks later.

In March 2011, he entered an “Alford plea” — a plea deal in which the defendant is adjudicated guilty but does not actually admit guilt. Allen was given a five-year suspended sentence and credit for time served, the record shows, and released.

Other court records indicate that he had also been arrested on several minor municipal charges.

prentiss-avenue-police-shooting-women.jpgRusty Costanza, The Times-PicayuneWomen grieve after Wendell Allen, 20, was shot and killed by a New Orleans police officer in the 2600 block of Prentiss Avenue on Wednesday.

Colclough, 28, began his career at the NOPD in September 2007. Before serving on the force he worked at the New Orleans Private Patrol in the Garden District, according to his application to the city. His personnel file is relatively thin; he received a five-day suspension for his role in a minor traffic accident. He was reassigned to desk duty in the wake of the shooting.

Raymond Burkart III, a spokesman for the local Fraternal Order of Police lodge, urged citizens Thursday not to rush to judgment.

“We don’t know what happened. And we can’t guess, we need to find out the actual facts,” he said. “It’s only a day after the shooting. This thing is being investigated by no less than three groups within the police department, the police monitor, as well as federal agents.”

Burkart, while declining to speak about Colclough, said that serving a search warrant is a high-stress, terrifying situations for an officer. “You don’t know who’s on the other side of the door, if people are hiding, if people are armed or unarmed.”

Falsification of Drug Tests — Louisiana

Louisiana Falsification of Drug Tests Defense Attorney

 

Elizabeth B. Carpenter, Esq. – New Orleans False Drug Test Criminal Defense

 

Falsification of Drug Tests — La. R.S. 14:133.3

No person who submits to court-ordered drug testing shall intentionally falsify or alter or attempt to falsify or alter the results of such a drug test by the substitution of urine or other samples or specimens or the use of any device in order to obscure or conceal the presence of a substance the presence of which the test is administered to detect.

No person shall knowingly and intentionally deliver, possess with intent to deliver, or manufacture with intent to deliver a substance or device designed or intended solely to falsify or alter drug test results.

Whoever violates the provisions of this Section shall be fined not more than $500 hundred dollars or imprisoned for not more than 6 months, or both.

This is a misdemeanor!

 

If on probation when convicted of this offense, probation will probably be revoked.

 

Elizabeth B. Carpenter, Esq. – Contact us for a consultation!

Methamphetamine Possession / Distribution — Louisiana

New Orleans Criminal Defense

 

If you have been charged with Possession or Distribution of Methamphetamine in the New Orleans area, you need a skilled, hard working criminal defense attorney by your side.  Contact the Law Office of Elizabeth B. Carpenter, Esq. for a consultation.  Ms. Carpenter has experience defending every kind of drug case imaginable.  

 

Under the Louisiana Criminal Code, Methamphetamine is classified as a Schedule II controlled dangerous substance.

 

The penalties pertaining to possession and distribution are as follows:

 

 

Possession Methamphetamine Penalties

Any person knowingly or intentionally found to possess Methamphetamine, 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.

 

 

Distribution or Possession With Intent to Distribute Methamphetamine

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.

 

Enhanced Penalties for Possession of Methamphetamine (larger quantities) 

Possession of 28 grams or more, but less than 200 grams, of 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 dollars.

Possession of 200 grams or more, but less than 400 grams, of 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 dollars, nor more than $350,000 dollars.

Possession of 400 grams or more of 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.

 

 

 

Cocaine / Crack Possession and Distribution — Louisiana

New Orleans Criminal Defense

 

If you have been charged with Possession or Distribution of Cocaine in the New Orleans area, you need a skilled, hard working criminal defense attorney by your side.  Contact the Law Office of Elizabeth B. Carpenter, Esq. for a consultation.  Ms. Carpenter has experience defending every kind of drug case imaginable.  

 

Under the Louisiana Criminal Code, Cocaine is classified as a Schedule II controlled dangerous substance.

 

The laws pertaining to possession and distribution are as follows:

 

 

Possession Cocaine

Any person knowingly or intentionally found to possess Cocaine, 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.

 

 

Distribution or Possession With Intent to Distribute Cocaine

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.

 

Enhanced Penalties for Possession of Cocaine (larger quantities) 

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 or Distribution of a Schedule IV Controlled Dangerous Substance — Louisiana

New Orleans Drug Possession Distribution Attorney

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney

 

Defending those accused of Drug Crimes in Jefferson, St. John, St. Bernard, Orleans, St. Tammany, Plaquemines St. James, Tangipahoa, Terrebonne and St. Charles Parishes!!!

 

Distribution or Possession of Drugs Listed in Schedule IV Controlled Dangerous Substance  – La. R.S. 40:969

 

See Schedule I

See Schedule II

See Schedule III

See Schedule V

 

It is unlawful:

 

To produce, manufacture, possess with intent to producea controlled dangerous substance classified in Schedule IV;

To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule IV.

These crimes are felonies.

 

Penalties —  Manufacturing, Distributing or Possessing with Intent to Distribute a Schedule IV Controlled Dangerous Substance.

 

Except for Flunitrazepam, 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. 

 

For Flunitrazepam shall be sentenced to a term of imprisonment at hard labor for not less than 5 years nor more than 30 years and pay a fine of not more than $50,000.

 

Possession a Schedule IV Controlled Dangerous Substance

 

Penalties

It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule IV unless such substance was obtained directly or pursuant to a valid prescription. Any person who violates this Subsection with respect to:

Illegal Possession of Flunitrazepam shall be imprisoned at hard labor for not more than 10 years, and may in addition, be required to pay a fine of not more than $5,000.00

Any other Schedule IV controlled dangerous substance shall be imprisoned with or without hard labor for not more than 5 years and, in addition, may be required to pay a fine of not more than $5,000.00

 

 

**Anyone with the intent to commit a crime of violence against an individual by administering a controlled dangerous substance to a person who is unaware that the controlled dangerous substance has been or is being administered to him, shall be sentenced to a term of imprisonment at hard labor for not less than 5 years nor more than 40 years and may be fined not more than $100,000.

 

Elizabeth B. Carpenter, Esq. – Louisiana Drug Crimes Attorney

Schedule IV Controlled Dangerous Substance — Louisiana

NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney  
 The following is a list of Schedule IV controlled and dangerous substances as defined in the Louisiana Criminal Code.  You can find the statutes pertaining to illegal possession, manufacturing, and distribution here.

 

SCHEDULE IV CONTROLLED DANGEROUS SUBSTANCE — La. R.S. 40:964

 

A.  Narcotic drugs

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts, in limited quantities, as set forth below:

(1)  Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

(2) Dextropropoxyphene.

B.  Depressants

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1)  Alprazolam

(2)  Barbital

(3)  Bromazepam

(4)  Camazepam

(5)  Chloral betaine

(6)  Choral hydrate

(7)  Chlordiazepoxide, but not including chlordiazepoxide hydrochloride in combination with clidinium bromide, or chlordiazepoxide and water-soluble esterified estrogens.

(8)  Clobazam

(9)  Clonazepam

(10)  Clorazepate

(11)  Clotiazepam

(12)  Cloxazolam

(13)  Delorazepam

(14)  Diazepam

(15)  Dichloralphenazone

(16)  Estazolam

(17)  Ethchlorvynol

(18)  Ethinamate

(19)  Ethyl loflazepate

(20)  Fludiazepam

(21)  Flunitrazepam

(22)  Flurazepam

(23)  Halazepam

(24)  Haloxazolam

(25)  Ketazolam

(26)  Loprazolam

(27)  Lorazepam

(28)  Lormetazepam

(29)  Mebutamate

(30)  Medazepam

(31)  Meprobamate

(32)  Methohexital

(33)  Methylphenobarbital (mephobarbital)

(34)  Midazolam

(35)  Nimetazepam

(36)  Nitrazepam

(37)  Nordiazepam

(38)  Oxazepam

(39)  Oxazolam

(40)  Paraldehyde

(41)  Petrichloral

(42)  Phenobarbital

(43)  Pinazepam

(44)  Prazepam

(45)  Quazepam

(46)  Temazepam

(47)  Tretrazepam

(48)  Triazolam

(49)  Zaleplon

(50) Zolpidem

(51) Zopiclone

C.  Fenfluramine

Any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers including Fenfluramine is possible.

D.  Stimulants

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers:

(1)  Cathine (norpseudoephedrine)

(2)  Diethylpropion

(3)  Fencamfamin

(4)  Fenproporex

(5)  Mazindol

(6) Mefenorex

(7) Modafinil

(8)  Pemoline (including organometallic complexes and chelates thereof)

(9)  Phentermine

(10) Pipradrol

(11)  Sibutramine

(12)  SPA [(-)-1-dimethylamino-1,2-diphenylethane]

E.  Other substances

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts:

(1)  Pentazocine

(2)  Butorphanol (including its optical isomers)

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney

 

Schedule III Controlled Dangerous Substance — Louisiana

NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney  
 The following is a list of Schedule III controlled and dangerous substances as defined in the Louisiana Criminal Code.  You can find the statutes pertaining to illegal possession, manufacturing, and distribution here.

 

SCHEDULE III CONTROLLED DANGEROUS SUBSTANCE — La. R.S. 40:964

 

A.  Stimulants.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, or salts of isomers whenever the existence of such salts, isomers, or salts of isomers is within the specific chemical designation:

(1)  Benzphetamine

(2)  Chlorphentermine

(3)  Clortermine

(4)  Repealed by Acts 1982, No. 92, §2.

(5)  Phenmetrazine

(6)  Phendimetrazine

B.  Depressants.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

(1)  Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, but not including butalbital when in combination with at least three hundred twenty-five milligrams of acetaminophen per dosage unit

(2)  Chlorexadol

(3)  Glutethimide

(4)  Lysergic Acid

(5)  Lysergic acid amide

(6)  Methyprylon

(7)  Sulfondiethylmethane

(8)  Sulfonethylmethane

(9)  Ketamine, including all salt forms

C.  Nalorphine

D.  Limited narcotic drugs.  Unless specifically excepted or unless listed in another schedule:

(1)  Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

(a)  Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium.

(b)  Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(c)  Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.

(d)  Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts such as acetaminophen or ibuprofen.

(e)  Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(f)  Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(g)  Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(h)  Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(2)  Any material, compound, mixture, or preparation containing narcotic drugs or any salts thereof including Buprenorphine.

E.  Anabolic steroids and muscle building substances.  Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation, which contains any quantity of anabolic steroids, including but not limited to the following substances or material which contains any of their salts, esters, isomers, or salts of isomers whenever the existence of such salts, esters, isomers, or salts of isomers is possible within the specific chemical designation.  The term anabolic steroid means any drug or hormonal substance, chemically and pharmacologically related to testosterone other than estrogens, progestins, and corticosteroids that promote muscle growth and include the following:

(1)  Boldenone

(2)  Clostebol (Chlorotestosterone)

(3)  Dehydrochlormethyltestosterone

(4)  Drostanolone

(5)  Ethylestrenol

(6)  Fluoxymesterone

(7)  Formebolone

(8)  Mesterolone

(9)  Methandienone (Methandrostenolone)

(10)  Methandriol

(11)  Methenolone

(12)  Methlytestosterone

(13)  Mibolerone

(14)  Nandrolone

(15)  Norethandrolone

(16)  Oxandrolone

(17)  Oxymesterone

(18)  Oxymetholone

(19)  Stanolone (Dihydrotestosterone)

(20)  Stanozolol

(21)  Testolactone

(22)  Testosterone

(23)  Trenbolone

F.(1)  Except as provided in Paragraph (2) of this Subsection, the term anabolic steroid does not include a substance listed in Subsection E above but which is expressly intended for administration to livestock or other nonhuman species and which has been approved by the secretary of health and hospitals for such an administration.

(2)  If any person prescribes, dispenses, or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of Subsection E above.

(3)  A physician, dentist, or veterinarian shall not prescribe, dispense, deliver, or administer an anabolic steroid for human use or cause an anabolic steroid to be administered under his direction or supervision for human use except for a valid medical purpose and when required by demonstrable generally accepted medical indications.  Bodybuilding, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid by a person who is in good health is hereby declared not a valid medical purpose.

G.  Substances of vegetable origin or chemical synthesis.  Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1)  Synthetic Dronabinol [delta-9-(trans) tetrahydrocannabinol] in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved product.

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney

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