The penalties for drug crimes in Louisiana range from fines to jail time. Sentencing guidelines vary depending on the type of drug, the amount found, aggravating elements like the presence of guns and many other facts surrounding each case.

Do not rely on Google or friends with "similar" cases for answers to legal questions about your specific criminal case. If you have or a loved one has been charged with a crime, contact an experienced criminal defense attorney.

The Ambeau Law Firm specializes in complex criminal defense, including federal drug charges such as possession and trafficking. In this article, we cover the most common drug crimes in Louisiana. If you or a loved one is facing drug charges in Louisiana, contact an experienced criminal defense attorney who will fight on your behalf.

First, let's cover how controlled dangerous substances (CDS) are classified. Louisiana follows federal guidelines on the scheduling of drugs. Controlled substances are categorized by schedule, with the schedule I being the most serious.

Schedule I

According to the United States Drug Enforcement Agency, Schedule I drugs have the highest potential for abuse and dependence with no medicinal qualities. Heroin, LSD, marijuana, ecstasy and peyote are classified as Schedule I drugs.

Schedule II

Schedule II drugs have a high potential for abuse and dependence with some medicinal qualities. Examples of Schedule II drugs are combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.

Schedule III

The U.S. DEA defines schedule III drugs, substances, or chemicals as drugs with a moderate to low potential for physical and psychological dependence. Some examples of Schedule III drugs are products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, and testosterone.

Schedule IV

Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and dependence. Some examples of Schedule IV drugs are Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol.

Marijuana

Marijuana is classified as a Schedule I drug in Louisiana, which means it has been deemed as having no accepted medical use and has a high potential for abuse.

Possession of Marijuana

Louisiana has decriminalized possession of marijuana to some extent, resulting in no jail time for someone caught with less than 14 grams. New Orleans and Shreveport issue misdemeanor summons for simple possession, as opposed to arresting suspects and bringing them to jail.

However, possession of marijuana with an aggregate weight of more than 14 grams may carry significant fines or jail time.

First Offense:

up to 6 months in jail and/or up to a $500.00 fine.

Second Offense:

Imprisonment with or without hard labor for up to 5 years and/or up to a $2,000 fine.

Third Offense:

Imprisonment with or without hard labor for up to 20 years.

Fourth Offense:

Imprisonment at hard labor for 5 - 40 years plus $50,000 - $1,000,000 fine

Manufacture and/or Distribution of Marijuana

Under Louisiana and federal law, possession of marijuana with intent to distribute is a felony. Intent to distribute is determined by evidence and facts of the case. A large amount of a controlled substance, cash, scales, or packaging are a few examples of evidence that police may use to arrest you for possession with intent to distribute.

Possession of Heroin

Possession of heroin is a felony punishable by imprisonment with hard labor for 4-10 years without probation or suspension of sentence and a fine of up to $5,000.

Manufacture/Distribution of Heroin

If you are charged with manufacturing or distributing heroin, you may face a jail sentence of 5-40 years with a fine of up to $50,000.

If the offender unlawfully distributes or dispenses heroin or a mixture or substance containing a detectable amount of heroin or its analogues, which is the direct cause of serious bodily injury to the person who ingested or consumed the substance, the offense shall be classified as a crime of violence, and the offender shall be imprisoned at hard labor for not less than five years nor more than forty years. At least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. In addition, the offender may be required to pay a fine of not more than fifty thousand dollars.

Possession of Cocaine

Any amount of cocaine is illegal in Louisiana. Penalties for possession of cocaine depend on the amount of powdered or cooked cocaine seized.

Less than 28 grams - Up to 5 years in prison with or without hard labor and a fine of up to $5,000.

28 - 200 grams - 10-60 years with or without hard labor and up to $150,000 in fines.

200-400 grams - Possession of 200 or more grams of cocaine is a felony in Louisiana and is punishable by 20-60 years of hard labor and up to $350,000 in fines.

Over 400 grams - 30-60 years of hard labor and up to $600,000 fines.

Manufacture/Distribution of Cocaine

A cocaine distribution conviction is punishable by a jail sentence of 5-30 years with hard labor and a potential fine of up to $50,000. If the perpetrator is older than 25 and convicted of selling to minors, life imprisonment is likely.

A cocaine manufacturing conviction is punishable by a jail sentence of 40-99 years with hard labor without parole or suspension with a fine of up to $500,000.

Possession of Methamphetamine

In Louisiana, possession of methamphetamine is punishable by imprisonment with or without hard labor for 5 - 30 years and a fine of up to $600,000. Possession of large amounts often results in increased penalties.

Manufacture/Distribution of Amphetamine, Methamphetamine or other Schedule II stimulants

Manufacturing of methamphetamine is punishable by imprisonment at hard labor for 10-30 years and a fine of up to $500,000.

Distribution of methamphetamine is punishable by imprisonment for 2 – 30 years and a fine of up to $50,000.

Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance

If you are convicted of creating a clandestine lab in Louisiana, you could face a jail sentence of 5-15 years and a fine of up to $25,000. 

Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance is any of the following:

(1) The purchase, sale, distribution, or possession of any material, compound, mixture, preparation, supplies, equipment, or structure with the intent that it be used for the unlawful manufacture of a controlled dangerous substance.

(2) The transportation or arranging for the transportation of any material, compound, mixture, preparation, supplies, or equipment with the intent that such material, compound, mixture, preparation, supplies, or equipment be used for the unlawful manufacture of a controlled dangerous substance.

(3) The distribution of any material, compound, mixture, preparation, equipment, supplies, or products, which material, compound, mixture, preparation, equipment, supplies, or products have been used in, or produced by, the unlawful manufacture of a controlled dangerous substance.

(4) The disposal of any material, compound, mixture, preparation, equipment, supplies, products, or byproducts, which material, compound, mixture, preparation, equipment, supplies, products, or byproducts have been used in, or produced by, the unlawful manufacture of a controlled dangerous substance.

Possession of Fentanyl

All criminal charges involving fentanyl are felonies in Louisiana. Like many other drug possession charges, the sentencing ranges depend on the amount possessed.

Less than 2 grams: 2-4 years in prison

2- 28 grams: 2-10 years in prison

28 grams or more: The charge becomes possession with intent to distribute, which carries 5-40 years at hard labor.

Distribution of Fentanyl

Distribution of fentanyl is a felony in Louisiana that carries a sentence of 5-40 years at hard labor.

Louisiana cracked down even harder on the distribution of fentanyl in 2022 with the passage of Millie's Law, which states that if a person unlawfully distributes heroin or fentanyl, or a mixture containing either, which is the direct cause of serious bodily injury, they face a prison sentence of five to 40 years. At least five of the years of the sentence must be served without the benefit of probation, parole or suspension of sentence. There could also be a fine of up to $50,000. The offense is also now classified as a crime of violence.

Possession of Ecstasy (MDMA)

Possession of ecstasy is punishable by imprisonment at hard labor for up to 10 years and a fine of up to $500.00

Manufacture/Distribution of ecstasy (MDMA)

A conviction of manufacture or distribution of ecstasy is punishable by imprisonment at hard labor for 5 - 30 years and a fine of up to $50,000.

Possession of PCP

Phencyclidine, also known as "angel dust" is a hallucinogenic typically known as PCP. In Louisiana, possession of PCP is punishable by imprisonment with or without hard labor for up to 5 years and a fine of up to $5,000.

Manufacture/Distribution of PCP

The manufacture or distribution of Phencyclidine is considered a felony in Louisiana. If you are convicted of manufacturing or distributing PCP in Louisiana, you may face imprisonment at hard labor for 2 - 30 years and may pay a fine of up to $50,000.

Possession of GHB

Possession of Gamma Hydroxybutyric Acid (GHB) and other depressants listed as Schedule II CDS is punishable by imprisonment with or without hard labor for no less than 5 years with a maximum sentence of 30 years and a fine of up to $5000 for possession of more than 28 grams but less than 200 grams. There are increased penalties for possessing large amounts of GHB.

Possession of 200 - 400 grams is a felony in Louisiana punishable by no less than 10 years in prison at hard labor with a maximum sentence of 30 years and a fine of up to $350,000.

Possession of 400 grams or more of GHB is punishable by no less than 15 years in prison at hard labor with a maximum sentence of 30 years and a fine of up to $600,000.

Possession of Adderall

Possession of any prescription drug without a valid prescription is illegal. In Louisiana, possession of Adderall or Ritalin without a proper prescription is a felony. Adderall is classified as a Schedule II controlled dangerous substance (CDS) because it is a type of amphetamine. Adderall and Ritalin are often prescribed by physicians to treat certain psychological disorders.

If you are convicted of possession of Adderall, Ritalin or other stimulants classified as a Schedule II CDS, you may face imprisonment with or without hard labor for 5 - 30 years and a fine of up to $600,000. There are increased penalties for possessing large amounts.

Felony Drug Possession

Possession of any of the following is generally considered a felony:

heroin

cocaine

ecstasy

hallucinogens

codeine

morphine

methamphetamine

GHB

barbituates

benzodiazepine

PCP

Possession of Drug Paraphernalia

Drug paraphernalia is any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, processing preparing, concealing, packaging, storing, ingesting or otherwise introducing into the human body a controlled dangerous substance.

Possession of drug paraphernalia includes pipes, grinders, scales, hypodermic needles, burnt spoons, pipes, baggies and more. In Louisiana, possession of drug paraphernalia is a misdemeanor, except upon a third offense, which is a felony.

If it is shown that the object with you is used solely in taking in these illegal drugs or operating illegal drug distribution, police may charge you with a crime, whether there were drugs nearby or not. However, the prosecution will have to prove that these objects were used in handling illicit drugs to convict you.

Contact an Experienced Criminal Defense Attorney

You can be charged with a crime for possessing a small amount of drugs or even just items related to drug use. Drug laws in Louisiana are strict with severe penalties. If you or someone you know has been charged with a crime, contact an experienced criminal defense attorney as soon as possible to discuss your legal options and protect your rights.

The Ambeau Law Firm offers a free consultation for all potential new clients. Please call our office at 225-330-7009 to schedule a consultation with an attorney. We're here to help.