NEW ORLEANS MARIJUANA ATTORNEY
Attorney Elizabeth B Carpenter has been a supporter of reforming Marijuana Laws for many years. Up until a couple years ago, Louisiana had some of the harshest marijuana laws in the country, and it was the fifth-highest marijuana arrest rate in the United States. Additionally, not until recently, did Louisiana have a law that effectively protects medical marijuana patients from arrest.
Marijuana is still classified as a Schedule I.
Distribution or Possession with Intent to Distribute Marijuana
Anyone found to be in possession with marijuana, tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic cannabinoids for an amount of:
- An aggregate weight of less than 2.5 pounds, shall be imprisoned, with or without hard labor, for not less than 1 year nor more than 10 years, and pay a fine of not more than $50,000 dollars.
- An aggregate weight of 2.5 pounds or more, shall be imprisoned at hard labor for not less than 1 year nor more than 20 years and pay a fine of not more than $50.000 dollars.
These sentences may be imposed with the benefit of probation, parole, and suspension of sentence.
Possession of Marijuana or Cannabinoids
Any person found in Possession marijuana, tetrahydrocannabinol, or chemical derivatives thereof, shall be punished as follows:
(a) On a first conviction, wherein the offender possesses 14 grams or less, the offender shall be fined not more than $300 dollars, imprisoned in the parish jail for not more than 15 days, or both.
(b) On a first conviction, wherein the offender possesses more than 14 grams, the offender shall be fined not more than $500 dollars, imprisoned in the parish jail for not more than 6 months, or both.
Marijuana convictions cleanse one time within 2 years from the date of the completion of sentence. This means that if it has been more than 2 years since the defendant has completed a sentence for a first offense marijuana conviction, the DA office cannot enhance penalties. A person is only allowed this concession once.
(c) On a second conviction the offender shall be fined not more than$1,000 dollars, imprisoned in the parish jail for not more than 6 months, or both.
(d) On a third conviction the offender shall be sentenced to imprisonment, with or without hard labor, for not more than 2 years, shall be fined not more than $2500 dollars.
If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.
(e) On a fourth or subsequent conviction the offender shall be sentenced to imprisonment with or without hard labor for not more than 8 years, shall be fined not more than $5,000 dollars, or both.
If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.
Possession of Synthetic Cannabinoids Penalties
If a person is found in possession of a synthetic cannabinoid, the offender shall be punished as follows:
(a) On a first conviction, the offender shall be fined not more than$500 dollars, imprisoned for not more than 6 months, or both.
(b) On a second conviction, the offender shall be fined not less than $250.00 dollars nor more than$2,000, imprisoned with or without hard labor for not more than 5 years, or both.
(c) On a third or subsequent conviction, the offender shall be sentenced to imprisonment at hard labor for not more than 20 years, and may, in addition, be fined not more than $5,000 dollars.
(d) If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.
Legal Assistance
If you have been arrested for a criminal offense involving marijuana, contact a New Orleans marijuana attorney today for guidance and help.