Posts Tagged ‘Drug Distribution’

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

Possession or Distribution of a Schedule III 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 and St. Charles’ Parishes!!!

 

Distribution or Possession of Drugs Listed in Schedule III Controlled Dangerous Substance  – La. R.S. 40:968

See Schedule I

See Schedule II

See Schedule IV

See Schedule V

 

It is unlawful:

To produce, manufacture, dispense or possess with intent to distribute a controlled dangerous substance classified in Schedule III;

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

 

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

 

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 a Schedule III Controlled Dangerous Substance

 

Penalties

It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule III unless such substance was obtained directly or pursuant to a valid prescription — any person who violates 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.

 

Law Office of Elizabeth B. Carpenter, Esq. – Louisiana Drug Crimes Attorney

Distribution or Possession of Schedule II — Louisiana

 

New Orleans Drug Crimes Attorney 

 

Distribution or Possession Schedule II

 

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.

 

 

Penalties Distribution or Manufacturing 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).

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.

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.

 

 

“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.

 

 

Penalties for Manufacturing 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.

 

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 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.

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

Any Other Schedule II Controlled Dangerous Substance 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.

 

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.

 

To learn more about how a New Orleans Drug Crimes attorney can help you – visit out site.

 

 

Schedule II 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 II 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 II CONTROLLED DANGEROUS SUBSTANCE — La. R.S. 40:964

A.  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)  Opium and opiate, and any salt, compound, isomer, derivative, or preparation of opium or opiate, excluding naloxone, and its salts, and excluding naltrexone and its salts, but including the following:

(a)  Raw opium

(b)  Opium extracts

(c)  Opium fluid extracts

(d)  Powdered opium

(e)  Granulated opium

(f)  Tincture of opium

(g)  Repealed by Acts 1999, No. 755, §2.

(h)  Codeine

(i)  Ethylmorphine

(j)  Etorphine hydrochloride

(k)  Hydrocodone

(l)  Hydromorphone–also commonly known as Dilaudid

(m)  Metopone

(n)  Morphine

(o)  Oxycodone

(p)  Oxymorphone

(q)  Thebaine

(2)  Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in Paragraph (1), except that these substances shall not include the isoquinoline alkaloids of opium.

(3)  Opium poppy and poppy straw.

(4)  Coca leaves, cocaine, ecgonine and any salt, isomer, salt of an isomer, compound, derivative, or preparation of coca leaves, cocaine or ecgonine and any salt, isomer, salt of an isomer, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

(5)  Repealed by Acts 2001, No. 282, §2.

B.  Opiates.  Unless specifically excepted or unless listed in another schedule any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters and ethers whenever the existence of such isomers, esters and ethers, and salts is possible within the specific chemical designation:

(1)  Alphaprodine

(2)  Anileridine

(3)  Bezitramide

(4)  Dihydrocodeine

(5)  Diphenoxylate

(6)  Fentanyl

(7)  Isomethadone

(8)  Levomethorphan

(9)  Levorphanol

(10)  Metazocine

(11)  Methadone

(12)  Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane

(13)  Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid

(14)  Pethidine

(15)  Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenyl-piperidine

(16)  Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate

(17)  Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid

(18)  Phenazocine

(19)  Piminodine

(20)  Racemethorphan

(21)  Racemorphan

(22)  Sufentanil

C.  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 and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1)  Amphetamine

(2)  Methamphetamine

(3)  Repealed by Acts 1999, No. 755, §2.

(4)  Methylphenidate

(5), (6)  Repealed by Acts 1999, No. 755, §2.

D.  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, including their salts, isomers, salts of isomers, or analogues whenever the existence of such salts, isomers, salts of isomers, or analogues is possible within the specific chemical designation:

(1)  Repealed by Acts 2006, No. 54, §2.

(2)  Gamma Hydroxybutyric Acid

(3)  Gamma Butyrolactone

(4)  1,4-Butanediol

E.  Immediate precursors.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including their 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)  Immediate precursors to methamphetamine:  (a) phenylacetone and methylamine or (b) hydriodic acid, and ephedrine or pseudoephedrine, if possessed with intent to manufacture methamphetamine.

(2)  Immediate precursors to phencyclidine and 1 – piperidinocyclohexanecarbonitrile (PCC):

(a)  1-phenylcyclohexylamine;

(b)  piperidine and cyclohexanone, if possessed together, or a combination product thereof, with intent to manufacture phencyclidine.

(3)  Immediate precursors to phenylacetone: phenylacetic acid and acetic anhydride, if possessed together with intent to manufacture phenylacetone.

For purposes of this Subsection, possession of immediate precursors sufficient for the manufacture of methylamine, phenylacetone, piperidine, or cyclohexanone shall be deemed to be possession of such a derivative substance.

 

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

Distribution or Possession of Schedule I Controlled Dangerous Substance — Louisiana

NEW ORLEANS DRUG POSSESSION AND DISTRIBUTION ATTORNEY

 

“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 Ms. Carpenter’s office for a consultation.  We want to protect your rights!

 

POSSESSION  NARCOTIC DRUGS LISTED IN SCHEDULE I – LA R.S. 40:966

 

See Schedule I

See Schedule II

See Schedule III

See Schedule IV

See Schedule V

 

Possession Schedule I

It is unlawful for any person to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly by valid prescription or other professional practice authorized by law.

 

Penalties For Violation:

A substance classified in Schedule I which is a narcotic drug (all substances in Schedule I preceded by an asterisk), – imprisoned at hard labor for 4 to 10 years and may, in addition, be required to pay a fine of not more than $5,000.

Phencyclidine, shall be sentenced to imprisonment with or without hard labor for 5 to 20 years and may be sentenced to pay a fine of not more than $5,000, or both.

Any other controlled dangerous substance classified in Schedule Ishall be imprisoned at hard labor for 0 to 10 years, and may in addition, be required to pay a fine of not more than $5,000.

 

Enhanced Penalties for Possession of Schedule I (larger quantities)

1) Any person who possesses 28 grams or more, but less than 200 grams, of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 5 to 30, and to pay a fine of $50,000 to $100,000.

2) Any person who knowingly or intentionally possesses 200 grams or more, but less than 400 grams, of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 10 to 30 years, and to pay a fine of $100,000 to $350,000.

3) Any person who possesses 400 grams or more of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 15 to 30 years, and to pay a fine $200,000 to $600,000.

 

DISTRIBUTION AND MANUFACTURING NARCOTIC DRUGS LISTED IN SCHEDULE I 

 

It is unlawful for any person:

To manufacture, distribute or possess with intent to distribute, a controlled dangerous substance or controlled substance analogue classified in Schedule I;

To create, distribute, or possess with intent to distribute, a counterfeit or fake controlled dangerous substance classified in Schedule I.  See more on Counterfeit Drugs.

 

Penalties For Violation

A substance classified in Schedule I which is a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), – imprisonment for 5 to 50 years at hard labor at least 5 years of which shall be served without benefit of probation, or suspension of sentence, and may, in addition, be required to pay a fine of not more than $50,000.

Except as otherwise provided below, any other controlled dangerous substance classified in Schedule I, – imprisonment at hard labor for 5 to 30 years, at least 5 years of which shall be served without benefit of parole, probation, or suspension of sentence, and pay a fine of not more than $50,000.

A Schedule I which is Marijuana, tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic cannabinoids shall upon conviction be sentenced to a term of imprisonment at hard labor for 5 to 30, and pay a fine of not more than $50,000.

 

LOUISIANA MARIJUANA LAWS – We must continue to fight for legalization!

 

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

Heroin Possession and Distribution — Louisiana

New Orleans Drug Crimes Attorney

 

 

Under the Louisiana Criminal Code, Heroin is classified as a Schedule I controlled dangerous substance.

 

The laws pertaining to possession and distribution are as follows:

 

 

Possession Scheduled I * — Heroin

A substance classified in Schedule I which is a narcotic drug (all substances in Schedule I preceded by an asterisk), shall be imprisoned at hard labor for 4 to 10 years and may, in addition, be required to pay a fine of not more than $5,000.

 

 

Distribution or Possession With Intent to Distribute Schedule I* — Heroin

A substance classified in Schedule I which is a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), upon conviction shall be sentenced to imprisonment for 5 to 50 years at hard labor at least 5 years of which shall be served without benefit of probation, or suspension of sentence, and may, in addition, be required to pay a fine of not more than $50,000.
Enhanced Penalties for Possession of Schedule I * (larger quantities) — Heroin

1) Any person who possesses 28 grams or more, but less than 200 grams, of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term ofimprisonment at hard labor of 5 to 30, and to pay a fine of $50,000 to $100,000.

2) Any person who knowingly or intentionally possesses 200 grams or more, but less than 400 grams, of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 10 to 30 years, and to pay a fine of $100,000 to $350,000.

3) Any person who possesses 400 grams or more of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 15 to 30 years, and to pay a fine $200,000 to $600,000.

 

 

If you have been charged with Possession or Distribution of Heroin, you need a skilled, hard working Drug Crimes Defense attorney by your side.  Contact Elizabeth B. Carpenter, Esq. for a consultation.  Ms. Carpenter has experience defending every kind of drug case imaginable.

 

 

Louisiana Marijuana Laws

 

 

NEW ORLEANS MARIJUANA ATTORNEY

 

 

Attorney Elizabeth B Carpenter has been a supporter of reforming Marijuana Laws for many years.  Currently, Louisiana has some of the harshest marijuana laws in the country, and it has the fifth-highest marijuana arrest rate in the United States.  Additionally, Louisiana has never had a law that effectively protects medical marijuana patients from arrest. In the last several sessions, Louisiana legislators have been too busy trying to increase marijuana penalties and refusing to introduce compassionate medical marijuana legislation.

 

If you have been arrested for a Marijuana Offense in LouisianaElizabeth B. Carpenter, Esq.  Our fees are always discounted for Marijuana Offenses.

 

Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

Louisianans must form a united front and remain determined to stand up to the injustice of marijuana prohibition and accomplish decriminalization, no matter how long it takes to succeed.  

 

LOUISIANA MARIJUANA LAWS

 

Marijuana Possession & Personal Use Penalties & Punishments in the State of Louisiana
Possession Severity of Crime Incarceration Fine
Any amount (first offense) misdemeanor 6 months $500
Any amount (second offense) felony 0-5 years $2,000
Any amount (third or subsequent offense) felony 0-20 years $5,000
Possession within 1,000 feet of school, church or public housing felony MMS* of 1/2 maximum penalty variable
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc…)
Paraphernalia possession or sale (first offense) misdemeanor 6 months $500
Paraphernalia possession or sale (second offense) misdemeanor 1 year $1,000

MMS* —  Mandatory Minimum Sentencing

 

Details

 

Cultivation, Distribution or Possession with Intent to Distribute Marijuana:

  • Less than 60 pounds of marijuana: is punishable by 5 – 30 years in prison and a fine of up to $50,000.

 

  • More than 60 pounds of marijuana: is punishable by 10-60 years in prison and a fine of up to $50,000 – $100,000.

 

  • More than 2,000 pounds the punishment ranges from 10 – 40 years in prison and a fine of $100,000 – $400,000.

 

  • More than 10,000 pounds the penalty increases to 25 – 40 years in prison and a fine of $400,000 – $1,000,000.

 

*Any sale to a minor at least three years younger than the seller doubles the possible penalties.

*For felony possession or sale within 1,000 feet of a school, religious building or public housing the penalty includes a mandatory minimum sentence of at least one half of the maximum penalty for the offense.

 

Possession or Sale of Paraphernalia:

  • First Offense is punished by up to six months in jail and a fine of up to $500.
  • Second offense the penalty increases to up to one year in jail and a fine of up to $1,000.
  • Third offense, the penalty is up to five years in prison and a fine of up to $5,000.

 

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum.

 

 

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