Marijuana Charges |
The state of Louisiana currently criminalizes the possession, cultivation, sale or trafficking of any amount of the drug marijuana. In fact, the penalties for using or distributing marijuana near a school or park are much harsher for offenders in the state of Louisiana than using or distributing out of a private residence or area not near minors. Any individual charged with a marijuana offense should consult a marijuana lawyer prior to his or her arraignment to develop a defense for the case. A court-appointed counsel should be provided if a private marijuana attorney is not financially feasible for the offender. Between the years of 1995 and 2002 there have been over 121,700 arrests for marijuana offenses in the state of Louisiana.
Medical Marijuana Users
In the state of Louisiana, medical marijuana is not allowed, and therefore, possession of any amount will result in applicable charges for criminal possession.
Non-Medical Users
All users of the drug marijuana in the state of Louisiana are currently considered non-medical or recreational users of the drug. The laws regarding the drug marijuana have yet to be changed in the state of Louisiana but that does not mean lawmakers have not tried to relieve some of the burden on taxpayers.
Penalties for Marijuana Use or Possession in Louisiana
|
Possession of any amount for first offense |
Class A Misdemeanor |
Penalties include six months in prison and/or a $500 fine |
|
Possession of any amount for second offense |
Felony |
Penalties include zero to five years in prison and/or a $2,000 fine |
|
Possession of any amount for third or subsequent offense |
Felony |
Penalties include zero to 20 years in prison and/or a $5,000 fine |
|
Possession within 1,000 feet of a school, park, church, or public housing |
Felony |
Penalties include a mandatory minimum sentencing of half of the maximum penalty and/or a variable fine |
Growing or Selling Marijuana
|
Less than 60lbs |
Felony |
Penalties include five to 30 years in prison and/or a $50,000 fine |
|
60-2,000lbs |
Felony |
Penalties include five to 30 years in prison and/or a $50,000-$100,000 fine |
|
2,000-10,000lbs |
Felony |
Penalties include 10 to 40 years in prison and/or a $100,000-$400,000 fine |
|
More than 10,000lbs |
Felony |
Penalties include 25 to 40 years in prison and/or a $400,000-$1,000,000 fine |
|
Sale to minor at least three years younger than the seller |
Felony |
Double penalty for prison sentence and fines |
|
Sale within 1,000 feet of a school or specified areas |
Felony |
Penalties include a mandatory minimum sentence of half the maximum penalty and a variable fine |
Paraphernalia
The state of Louisiana does not have laws governing the trafficking of marijuana but does have laws regarding the possession and sale of marijuana paraphernalia. Those laws are as follows:
|
Paraphernalia sale or possession for first offense |
Class A Misdemeanor |
Penalties include six months in prison and/or a $500 fine |
|
Paraphernalia sale or possession for a second offense |
Class A Misdemeanor |
Penalties include one year in prison and/or a $1,000 fine |
|
Paraphernalia sale or possession for a third offense |
Class A Misdemeanor or Felony |
Penalties include five years in prison and/or a $5,000 fine |
Penalties for Driving Under the Influence of Marijuana
The state of Louisiana does not have separate laws governing driving under the influence of marijuana. Instead, anyone found guilty of this offense will be penalized according to the state’s laws for driving while intoxicated under their list of illegal drugs.
Legal Help with a Marijuana Offense
A marijuana lawyer in the state of Louisiana can help an offender prepare for and resolve a marijuana charge placed against him or her in the jurisdiction of their arrest. Possession arrests in the state of Louisiana are dealt with using rehabilitation manners not punitive measures. Obtaining alternative sentencing can be possible with the help of a marijuana attorney through a favorable plea bargain.
