Possession of Schedule I Controlled Dangerous Substance — Louisiana

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

Possession of a Schedule I Louisiana Law

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.

This includes counterfeit Schedule I controlled substances.

Penalties For Violation:

Possession of a drug or substance classified in Schedule I, except for heroin, marijuana/ cannabis or synthetic cannabis, penalties:

(a) An aggregate weight of less than 2 grams, shall be imprisoned, with or without hard labor, for not more than 2 years and may, in addition, be required to pay a fine of not more than $5,000.00 dollars.

(b) An aggregate weight of 2 grams or more but less than 28 grams, shall be imprisoned, with or without hard labor, for not less than 1 year nor more than 10 years and may, in addition, be required to pay a fine of not more than $5,000.00 dollars.

Possession of Marijuana Penalties

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.

Possession of Heroin Penalties

If a person is found in possession of heroin or a mixture or substance containing a detectable amount of heroin or of its analogues, upon conviction for an amount:

(a) An aggregate weight of less than 2 grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than 2 years nor more than 4 years.

(b) An aggregate weight of 2 grams or more but less than 28 grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than 2 years nor more than 10 years and may, in addition be required to pay a fine of not more than $5,000 dollars.

Drug Treatment

Treatment for heroin addiction as a condition for probation for a conviction of possession with intent to distribute heroin or possession of heroin, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Code of Criminal Procedure Article 893. The court may order the division of probation and parole of the Department of Public Safety and Corrections to conduct a presentence investigation, or may order the defendant to obtain a substance abuse evaluation, for the purpose of determining whether the defendant has a substance abuse disorder.

Upon receiving the report or evaluation, the court shall, if it finds probable cause from such report to believe the defendant has a substance abuse disorder, order a contradictory hearing for the purpose of making a judicial determination on whether the defendant has a substance abuse disorder.

If, at such contradictory hearing, the court determines that the defendant has a substance abuse disorder, it shall require as a condition of probation that the defendant complete a drug treatment program if the following conditions are met:

(a) There is an available program in the local jurisdiction that has sufficient experience in working with criminal justice participants with substance abuse disorders and is certified and approved by the state of Louisiana.

(b) The cost of the approved treatment does not create a substantial financial hardship to the defendant or his dependents. For purposes of this determination, “substantial financial hardship” shall have the same meaning as provided in R.S. 15:175.

If the offender does not successfully complete the drug treatment program, or otherwise violates the conditions of his probation, the court may revoke the probation or impose other sanctions pursuant to Code of Criminal Procedure Article 900.

Legal Assistance

If you or a loved one has been arrested for Drug Possession, contact attorney Elizabeth B. Carpenter for a consultation.  We want to protect your rights!

Related

See drugs classified as  Schedule I

 

Please follow and like us:
Tweet 20
This website uses cookies and third party services. Ok