Marijuana charges in Louisiana can have serious consequences, which is why partnering with an experienced drug crime lawyer is mandatory. Read on to find out how to defend yourself against such charges and what the most common penalties are.
The Penalties for Marijuana Charges in Louisiana
Louisiana ranks among the three states that have the highest rate of reported marijuana-related arrests proportional to its population. Idaho leads with 232 arrests per 100,000 people, followed by North Dakota with 227 arrests per 100,000 people, and Louisiana – with 203 arrests.
In 2022 alone, Louisiana had 10,896 arrests for marijuana possession. While the penalties for possession were reduced in 2015, there can still be legal repercussions.
Louisiana Revised Statutes 40:996 outlines the penalties for some of the most common marijuana-related charges in the state. Here’s what you need to know:
- Marijuana possession: Small amounts will lead to misdemeanor charges and fines of up to 500 dollars. Possessing more than 14 grams and getting caught for a second, third, or fourth time can lead to fines of up to 5,000 dollars and incarceration of up to eight years in prison.
- Distribution and marijuana cultivation: Again, the penalty is quantity-dependent. For less than 2.5 pounds and being a first-time offender, you’ll face a prison sentence in the range of one to 10 years and a fine of 50,000 dollars. Those who are caught with more face up to 20 years in prison. Attempting to distribute to minors will lead to a prospective prison sentence of up to 30 years.
- Violation of a drug-free zone: The possession, cultivation, or distribution of marijuana within 2,000 feet of a drug-free zone is punishable by 1.5 times the maximum sentence for the respective offense.
- Driving under the influence: A first-time offender who’s caught driving under the influence of marijuana can get prison time of up to six months and a fine of up to 1,000 dollars.
There could be some additional consequences for the individuals found guilty of marijuana-related charges. These include probation, participation in mandatory drug treatment programs, and community service.
What Defense Strategies Are Optimal?
Experienced Louisiana criminal defense lawyers will review the charges and the evidence to determine the defense strategy that will lead to an optimal outcome in court.
Some possible defense scenarios include:
- Challenging the manner in which the prosecution obtained its evidence, identifying law enforcement mistakes or violations (for example – lacking a valid search warrant)
- Challenging the accuracy of drug tests
- Establishing there’s no clear proof of possession (in other words, proving that the marijuana law enforcement professionals found doesn’t belong to the defendant)
- Establishing that the marijuana confiscated by law enforcement professionals isn’t illegal (here are some important medical marijuana regulations applicable to this strategy)
- Claiming entrapment by law enforcement professionals – while this is a less effective approach, threats or coercion exerted by police officers could help the establishment of a solid entrapment case
It’s also possible for a criminal defense attorney to reduce inappropriate marijuana-related charges in instances when there’s evidence a crime occurred.
For example, you may be charged with distribution when you are guilty of possession. Marijuana distribution is a felony and the consequences of that crime are a lot more serious. Even if the charges are impossible to get dropped altogether, a skilled lawyer will do their best to minimize the penalties and the negative effect that getting sentenced for a serious drug-related crime will have on your future.
Don’t Take Marijuana Charges Lightly
Many people believe that marijuana charges aren’t as serious as being held responsible for another type of drug-related crime.
That’s not the case.
The recreational use of marijuana is illegal in Louisiana. The distribution of the drug is a felony. Even if you only possessed a small amount at the time of getting searched by a police officer, you should still get in touch with a drug crime lawyer.
Contact a Louisiana Drug Defense Attorney Right Away
A skilled Louisiana criminal lawyer will help you understand your rights and the consequences you’ll face if found guilty. They’ll also review the evidence to identify errors or omissions. Based on your circumstances, the best defense strategy will be chosen.
Call 225-384-5699 if you are facing marijuana charges in Louisiana and you’re worried about getting a sentence. You’ll benefit from a free consultation that will give you a better idea about the gravity of the situation and the possible outcomes.