Common Questions About Louisiana Drug Possession Laws

Our experience in handling drug cases in Louisiana

Our attorney has dealt with drug cases and represented clients with drug offenses for many years. Because drug charges are a unique crime, Louisiana has a whole body of law that is dedicated to them. Drug charges can be interwoven, making it a sub-sector of criminal laws.

What is the Rate of Drug Crimes in Louisiana Arrests and Charges?

Many people are held in prison or jail for drug offenses. We could generally say that drug crime is the most serious crime in Louisiana and people are convicted in prisons and jails for it. According to the FBI, there are approximately 400 arrests for every 100,000 people. One arrest for every 10 is made for drug crimes, which amounts to approximately 1.25 million arrests per year.

Is marijuana still illegal in Louisiana?

Louisiana, like many other states, has undergone marijuana reform. The legalization of medical cannabis for certain conditions has been achieved. Criminal possession of the substance has also been reduced. A new state law has been passed that amends the definition of “debilitating medical conditions”. It allows a doctor to prescribe medical cannabis for “treatment” for glaucoma and Parkinson’s disease, severe muscular spasms, intractable or chronic pain, and post-traumatic Stress Disorder (PTSD).

What is the difference between a misdemeanor and felony drug charge?

A drug offense in Louisiana is considered a felony when it is subject to hard labor. A person who is convicted of possessing less than 2 grams of cocaine will be sentenced to a maximum of two years in prison, with or without hard labor. You can also be fined not more than $5,000. A first conviction for marijuana simple possession, in which the offender has 14 grams or less of marijuana, will result in a $300 fine and a 15-day sentence in the Parish jail. Simple possession of marijuana does not require hard labor. It is, therefore, a misdemeanor.

What is Possession, Sale, Distribution, and Intent to Distribute Illegal Drugs?

All drug crimes are punishable by Louisiana law. These are all drug crimes that can be punished under Louisiana law as either a misdemeanor or a felony. In Louisiana, drug crime is considered a crime that deserves punishment. It is crucial that you get the legal help of a defense lawyer to explain your case and guide you through the charges.

What is Drug Trafficking in Louisiana?

The most common drug trafficking charge is a case of possession involving large quantities of drugs. The offender is often pulled over on suspicion of a traffic violation. An officer might be able to obtain probable cause to search the vehicle and look into any evidence, including a dog that alerted to potential drugs. If a lot of drugs are found in the vehicle, the driver might also consent to the search. Trafficking can be pursued at the federal or state level. Federal trafficking charges carry harsher sentences than those in Louisiana state courts.

Can police execute a warrantless search of a residence if they suspect a drug-related offense?

An officer who believes drugs may be in residence must get a warrant to search the premises. There are some exceptions. A warrantless search of a house may be allowed if there is probable cause for arrest or a compelling reason to enter the home. Officers may need to search for evidence or protection in order to stop the arrestee from fleeing.

Do I need to hire an attorney before I’m being investigated for a drug crime?

If you suspect you may be under investigation for a crime, it is best to hire an experienced attorney. You cannot use that you hired an attorney against you during a trial. A judge or jury won’t be concerned about whether you have hired a lawyer in the early stages. An attorney can help you avoid being arrested by giving you valuable information or negotiating with police officers.

What happens in the first 24 to 72 hours after a drug-related arrest?

From the time of arrest, the person arrested has the right to confer with counsel, procure counsel, and use the telephone to send messages or communicate with his family and counsel. A predetermined bail is allowed by some courts. Otherwise, a judge will have to determine the bail amount. For the appointment of counsel, law enforcement must present the arrested person to the judge within 72 hours.

What are Drug-Related Crimes In Louisiana?

What is the procedure for being charged with drug paraphernalia possession? You could be charged with possessing drug paraphernalia if it is proven that the object was used only in the taking of illegal drugs or the operation of an illegal drugs warehouse. However, the authorities will need to prove that the objects were used in the handling of illicit drugs.

What and when do Miranda Rights come into play in a criminal case?

Only when an arrestee is in custody or being interrogated and supervised by law enforcement officers, Miranda rights are activated. An officer must question or interrogate the arrestee to determine if he was actually taken into custody. Before questioning an arrested person in charge, the officer must have read the rights. An officer must read the rights to any arrestee who is in custody. Any statement made by the arrestee to the officer as a response will not be admissible in court.