“Drug trafficking” and “drug possession” may seem like interchangeable concepts to the inexperienced individual. However, when facing drug-related charges, it is imperative for you to understand the key differences that distinguish one from the other.
Trusting in the expertise of a criminal lawyer that specializes in drug trafficking cases in Louisiana can help you with the pertinent details related to your case. Here is a brief overview that will help you understand the differences between trafficking and possession and what you can expect if you’re facing such charges.
How a Criminal Lawyer Would Define Drug Trafficking vs Possession
Having a drug in your possession simply means that you have some sort of drug-related substance on your person and within your property (such as your vehicle or residence). This could include marijuana, heroin, cocaine, or any other illegal drug.
You do not need to sell or distribute any drugs to get a possession charge; simply having it even for your own personal usage could lead to this type of charge being filed against you.
On the other hand, drug trafficking involves the production, distribution, and selling of those illegal drugs and substances. The penalties and fines associated with drug trafficking are typically much steeper than drug possession charges.
However, this also depends on a number of different factors that the prosecution will consider – such as the type of drug in question, the quantity found at the time of the arrest, and the history of past offenses.
What About Possession with Intent to Distribute?
One of the most severe drug possession charges is possession with an intent to distribute. This is typically investigated when there is a substantial amount in weight/volume of illegal drugs or substances found, implying that the accused was focused on storing more than just what is usually reserved for personal consumption.
Possession with an intent to distribute is considered a felony charge in Louisiana and usually requires a mandatory prison sentence.
Keep in mind that you do not need to be a drug dealer or have a history of selling drugs and other illegal substances to receive a possession with intent to distribute charge. The measured quantity of drugs in question and whether it is a Schedule 1 or Schedule 2 drug are key factors considered. For example, two grams of cocaine may lead to a possession charge while 200 grams of cocaine will more than likely be considered intent to distribute.
Examining the Various Schedules for Drugs
There are five standard schedules within the State of Louisiana under which each group of drugs and illegal substances are categorized. The lighter of the five schedules contain drugs that have a low potential for dependence and abuse – such as Ambien, Valium, Tramadol, and Xanax. Schedules I through III are the schedules that are most focused on for drug-related charges:
- Schedule III – Moderate to low potential for dependence (psychological or physical) – including anabolic steroids, ketamine, testosterone and Tylenol with codeine.
- Schedule II – High potential for dependence; some medicinal factors. Examples include cocaine, oxycodone, fentanyl, Vicodin, Ritalin and Adderall.
- Schedule I – Highest potential for dependence and abuse; no medicinal factors. Examples of Schedule I drugs include marijuana, LSD, peyote and ecstasy.
The possession of marijuana has been decriminalized in some ways within the State of Louisiana. For instance, if you are caught with less than 14 grams of marijuana in your possession, then jail time is removed from the conversation.
Most simple possession charges lead to misdemeanor summons instead of arrests, retention and bringing the accused into custody. Once again, the stakes are much higher if there is proof of drug trafficking in Louisiana – which typically calls for a much higher quantity than 14 grams being discovered.
Schedule a Free Consultation With a Louisiana Drug Crime Attorney Right Away
If you have any other questions or concerns regarding your drug-related charges, you should schedule a free consultation with a Louisiana criminal lawyer that specializes in drug trafficking without delay.
Bart Bernard can provide you with the insight and guidance that you need that goes beyond this general overview. Our team will focus on the pertinent details of your specific case and help you create an action plan that maps out the next steps towards building a solid case on your behalf.
Call 222-384-5699 to schedule an initial consultation right away!