New Orleans City Council reduces penalties for pot possession

  Penalties for Marijuana Possession Reduced in New Orleans About a month ago, I wrote about the possibility of the New Orleans City Counsel reducing the penalties for possession of Marijuana in the city limits. The Counsel voted unanimously on March 17 to allow police more leeway in issuing citations for simple marijuana possession. The 7-0 decision marks a policy change by city leaders that’s aimed at reducing the number of arrests for minor drug crimes, the Times-Picayune newspaper reported. A city ordinance already gave New Orleans police the authority to write a ticket for first-offense possession. The ordinance that [...]

New Orleans city council weighing reduced pot penalties

  City of New Orleans Considers Reducing Penalties for Marijuana Possession The New Orleans City Council is considering a measure that would significantly reduce the penalties for marijuana possession. At a council committee meeting in late January, Councilwoman Susan Guidry outlined a proposal in which police officers could issue a simple warning for marijuana possession in lieu of a summons or arrest. Currently, police have the discretion to issue a summons or to arrest a pot possessor. The ability to just issue a summons was the result of marijuana reform law passed by the city council in 2010.   The [...]

By |2016-02-23T17:58:46+00:00February 23rd, 2016|Categories: Drug Crimes, Marijuana Legalization|Tags: , |

Preliminary Versions of Sentencing Reform and Corrections Act of 2015

  U.S. Senate and House Introduce Separate Versions of Sentencing Reform and Corrections Act of 2015   Committees from both the U.S. Senate and the House have introduced bills that could reform federal sentencing. Below is a brief recap of each piece of legislation.   Senate Bill Reduces the enhanced penalties that apply to repeat drug offenders and eliminates the three-strike mandatory life provision, but allows those enhanced penalties to be applied to offenders with prior convictions for serious violent and serious drug felonies.   Expands the existing safety valve to offenders with more extensive criminal histories but excludes defendants [...]

What is Constructive Possession?

  Possession does dot always Mean that it's in Your Pocket One of those reality TV crime shows caught my eye the other night with an incident involving a female motorist. She was driving along a Western interstate highway and made a few erratic moves after passing a cop who was moving along the slower lane. The cop pulled her over because he sensed that she was impaired in some fashion. He asked if she had been drinking; she said no. He asked about drug use; she said no. Still, she appeared nervous, and so he asked if he could [...]

By |2015-10-06T01:47:04+00:00October 6th, 2015|Categories: Drug Crimes, Property Crimes, Search and Seizure|Tags: |

DEA: Medications Containing Hydrocodone Subject To Stricter Prescribing Rules

  The federal government announced that more than 65 prescription medications containing the most widely-prescribed painkiller, hydrocodone, will now be subject to new, stricter federal prescribing rules as of this past week.   The new regulations published by the DEA will make medications which contain hydrocodone subject to the same restrictions as other narcotics such as oxycodone and morphine.   The rules cover an array of prescription painkillers which combine hydrocodone with other analgesics such as, acetaminophen (Vicodin) or ibuprofen (Reprexain), as well as some prescription cough medications, all of which will be now be regulated as schedule II drugs.   [...]

By |2015-05-09T21:30:18+00:00October 10th, 2014|Categories: Drug Crimes|Tags: |

Federal Drug Prisoners May Be Released Sooner

  It’s Time to Open these Gates! The U.S. Sentencing Commission (USSC) voted in favor of making new federal drug guideline sentence reductions retroactive.   Most of you know by now, our country is in the midst of an incarceration crisis.  Our great nation locks up more, per-capita, than any other nation.  Many of these inmates are victims of harsh sentencing initiatives resulting from the failed war on drugs. Last week, we received good news from Washington.  Nearly, 46,000 federal drug offenders (25% of BOP population) will be able to file a motion in court to have their sentence reduced by [...]

Louisiana’s Fight Against Heroin: Dying For A Fix

    It only takes seconds to fill a syringe with a lethal dose of heroin.  Tuesday night’s dose can provide a pleasurable high, while Friday’s dose can have a 20-something year old discovered dead, foaming at the mouth. I've had acquaintances that one would never suspect partake in such reckless behavior. I also had a friend die from a heroin overdose, and no one, except his suppliers, even knew he used the drug. While other drugs, such as alcohol, cocaine and meth can take years to kill someone, heroin can take seconds! In recent years heroin has seen a [...]

LACDL Adopts Marijuana Policy Statement

  I am happy to report that the Louisiana Association of Criminal Defense Lawyers’ (LACDL) voted last week to adopt an official policy statement related to the possession and use of marijuana. The 2014 legislative session has a number of marijuana-related bills up for debate. The LACDL Marijuana Policy Statement is as follows:   We believe that marijuana prohibition financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law, and disproportionately impacts students, lower income classes, African Americans, and other ethnic minorities who bear the brunt of cannabis arrests and prosecutions. The responsible consumption of marijuana by adults [...]

Federal Drug Trafficking Penalties For Cocaine — Louisiana

    Federal Trafficking Penalties for Schedule II Cocaine   FOR:   Schedule II Cocaine --  500-4999 grams mixture            Or                           Schedule II Cocaine Base -- 28-279 grams mixture   First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.   Second Offense: Not less than 10 yrs. and not more than [...]

Defending Possession With Intent To Distribute Cases — Drug Crimes

    Are You Being Charged or Investigated for a Drug Crime in Federal or Louisiana State Court?   If you have recently been charged with possession with the intent to distribute, you need to enlist the assistance of an experienced New Orleans Drug Crimes Attorney immediately. Our firm has the experience and dedication required to take PWID charges head on. Click here to contact Attorney Elizabeth Bagert Carpenter.   Defending Against “Possession with the Intent to Distribute” Charges    Possession with the intent to distribute, or PWID as it is commonly known, is a serious charge and can result in long prison terms.   [...]