Shreveport Drug Possession & Distribution Attorneys

Controlled Dangerous Substance/Drug Crimes in Louisiana

The state of Louisiana takes drug crimes—referred to as “controlled dangerous substances,” or CDS—very seriously. If you or someone you know has been arrested for drug possession, distribution, trafficking, or a related offense, it is crucial that you speak to an attorney right away. A conviction could result in serious consequences, including incarceration, thousands of dollars in fines, and a permanent criminal record that could negatively impact everything from your ability to keep your job or find future employment to your ability to attend school, secure a loan, or maintain your reputation.

At The Hall Law Firm, our criminal defense attorneys provide a high level of personal attention and legal support to those facing serious criminal charges, including all types of drug offenses. We can help you understand your options and develop an innovative strategy to protect your rights. In every case, we strive for the best possible outcome and have successfully secured many acquittals, reduced charges, and not-guilty verdicts for our clients.

The state of Louisiana classifies numerous different drugs as “controlled dangerous substances.” Controlled dangerous substances (CDSs) are regulated under state law, meaning it is illegal to possess certain quantities of these substances for personal use. CDSs are further classified by “schedules,” with different schedules relating to different criminal penalties for possession, distribution, and other related offenses.

Below is an abbreviated list of different CDS according to their schedule:

• Schedule I Substances: Schedule I substances include drugs with a high potential for abuse and no accepted medical use, including marijuana, opiates, opiate derivates, codeine, morphine, heroin, ecstasy, and certain hallucinogenic drugs, such as LSD
• Schedule II Substances: Schedule II substances include drugs with a high potential for abuse, as well as a high potential for significant physical and/or psychological dependence, including opium, hydrocodone, morphine, oxycodone, codeine, fentanyl, meth, cocaine, and coca leaves
• Schedule III Substances: Schedule III substances include drugs with a low to moderate potential for physical and/or psychological dependence, such as depressants and steroids, including ketamine, anabolic steroids, testosterone, and codeine
• Schedule IV Substances: Schedule IV substances include drugs with a relatively low potential for abuse and/or dependence, such as tramadol, alprazolam, diazepam, Xanax, Valium, Ativan, Ambien, and phenobarbital
• Schedule V Substances: Schedule V substances are those with a lower potential for abuse and/or dependence than schedule IV substances, including ephedrine and certain narcotics containing non-narcotic active medicinal ingredients

Note that some drugs and chemicals are reflected in more than one schedule because of the mixture with other compounds, salts, etc.

Types of Drug Crimes in Louisiana

In Louisiana, drug crimes are essentially divided into four areas:

• Possession: The possession of a controlled dangerous substance (CDS) in Louisiana can be charged as either a misdemeanor or felony depending on the amount and type of drug allegedly in possession, as well as other factors. You can be charged with drug possession if you are found to have a CDS on your physical person or if a CDS is found in an area that law enforcement deems you to have control over, such as a vehicle or your home.
• Possession with Intent to Distribute: To prove possession with intent to distribute, law enforcement must first establish that you had possession of a CDS, whether on your physical person or in an area under your control. Next, they must demonstrate evidence of your intent to sell or distribute that CDS. This typically involves the use of circumstantial evidence, such as drug paraphernalia, large amounts of cash, or frequently meeting others for brief periods of time.
• Distribution: Distributing or selling CDS in Louisiana is a serious offense carrying harsh penalties. To prove a distribution charge, law enforcement must prove that you sold, provided, or otherwise distributed a CDS to another person. Note that there does not need to be any exchange of money, goods, services, etc. for an individual to be charged with and convicted of distributing a controlled dangerous substance.
• Manufacturing: Illegal manufacturing of controlled dangerous substances is typically charged as a felony, depending on the type of CDS allegedly being manufactured, as well as other factors, such as whether the individual is also charged with intent to distribute or distribution. Unlawful manufacture of CDS in Louisiana includes producing and/or growing any CDS listed in the state’s controlled dangerous substance schedule.

Penalties for Drug Possession, Distribution & Other Drug-Related Offenses

The penalties for different drug crimes in Louisiana range depending on the offense allegedly committed, the type of substance, the amount, and other factors.

Penalties for possession of a controlled dangerous substance include:

• Marijuana Possession: A first or second conviction for marijuana possession in Louisiana may result in fines up to $1,000 and/or up to 6 months in jail. Subsequent convictions elevate charges to felonies and carry harsher penalties.
• Non-Marijuana Schedule I Possession: Possession of a schedule I substance other than marijuana carries penalties including fines up to $5,000 and/or up to 10 years in prison, depending on the type and amount of substance allegedly in possession.
• Schedule II Possession: Penalties for the possession of schedule II substances range depending on the type of substance and the amount allegedly in possession, but may include 1 to 5 years in prison (or up to 20 years for possession of PCP), fines up to $5,000, or both.
• Schedule III Possession: Again, the penalties for possession of a schedule III substance depend on the type and amount of substance, but the maximum penalty includes up to $5,000 in fines and/or 1 to 5 years in prison.
• Schedule IV Possession: The penalties for possession of a schedule IV substance range from 1 to 5 years in prison (or up to 10 years for Rohypnol , or “roofies”), fines up to $5,000, or both, depending on the type and amount of substance.
• Schedule V Possession: Possession of a schedule V substance has a maximum sentence of up to $5,000 in fines, 1 to 5 years in prison, or both, depending on the type and amount of substance, as well as whether the alleged offender has prior drug crime convictions

Penalties for possession with intent to distribute, distribution, and manufacturing are similarly harsh. If you have been charged with any type of drug crime, reach out to our Shreveport drug possession and distribution attorneys at The Hall Law Firm right away to learn how we can help you fight for your freedom and your future.

How Our Drug Crime Attorneys Can Help

If you are convicted of possessing, possessing with intent to distribute, distributing, or manufacturing a controlled dangerous substance in Louisiana, you could be imprisoned for months or years, forced to pay steep fines, and suffer significant damage to your reputation and nearly every other aspect of your life. It is important that you remember you have the right to remain silent when interacting with law enforcement officers, and you have the right to an attorney. We strongly recommend that you contact an experienced criminal defense attorney right away.

At The Hall Law Firm, our drug crime defense lawyers in Shreveport provide aggressive, client-focused legal representation on behalf of the accused throughout Caddo Parish and the surrounding areas. We have nearly 50 years of experience and a long record of success in complex criminal cases. Our attorneys can handle every detail of your case and build a powerful defense aimed at protecting you and your rights.