All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. Louisiana classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
This article discusses the manufacture and sale of CDS only. Possessing CDS for personal use carries different penalties. For more information on possession of CDS for personal use, see Possession of Controlled Substances in Louisiana.
Also, while marijuana is considered a CDS, this article does not cover Louisiana’s marijuana possession and sale laws. To learn more about that topic, see Louisiana Marijuana Laws.
How Louisiana Classifies CDS
Louisiana divides CDS into five “schedules.” Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse; and increase in recognized medical uses.
These schedules are also used to determine the applicable penalties for making or selling specific CDS (described in the next section). If you’ve been arrested for sale of CDS, you’ll need to consult the Louisiana Code that lists precisely which drugs fit into each group. (40 La. Stat. Ann. § 964.) Go to the statute (40 La. Stat. Ann. § 964) and find the substance you're charged with possessing -- it will be listed under one of the five Schedules.
Penalties for Making or Selling CDS
It is illegal in Louisiana to make, sell, or possess CDS with the intent to do these things, with few exceptions, such as a doctor who legally prescribes a prescription medication. Penalties vary according to the Schedule and amount of the CDS involved. (40 La. Stat. Ann. § 967.)
Schedule I substances
It is a crime to illegally make, sell, distribute without payment, or possess a Schedule I substance with the intent to do any of these things. Penalties include a fine of up to $50,000; at least five (and up to 30) years in prison, at least five years of which must be served without parole; or both. (40 La. Stat. Ann. § 966.)
Schedule II substances
It is a crime to illegally make, sell, distribute without payment, or possess a Schedule IV substance with the intent to do any of these things. Penalties vary according to the specific CDS involved, and usually include a fine of $15,000 or more (and sometimes as much as $500,000); at least two (and sometimes up to 30 years) in prison; or both. Offenses involving Schedule II substances are also subject to Louisiana’s Child Endangerment Law, described below. (40 La. Stat. Ann. § 967.)
Schedule III substances
It is a crime to illegally make, sell, distribute without payment, or possess a Schedule III substance with the intent to do any of these things. Penalties include a fine of up to $15,000, up to ten years in prison, or both. (40 La. Stat. Ann. § 968.)
Schedule IV substances
It is a crime to illegally make, sell, distribute without payment, or possess a Schedule IV substance with the intent to do any of these things. Penalties vary according to the specific CDS involved, and for certain substances, like Flunitrazepam, may include fines as high as $50,000, up to 30 years in prison, or both. (40 La. Stat. Ann. § 969.)
Schedule V substances
It is a crime to illegally make, sell, distribute without payment, or possess a Schedule V substance with the intent to do any of these things. If convicted, penalties include a fine of up to $5,000, up to five years in prison, or both. (40 La. Stat. Ann. § 970.)
Child Endangerment Law
Louisiana’s Child Endangerment Law applies when a minor aged 12 years or younger is present in the home or dwelling of the defendant at the time the violation occurs. Under this law, a defendant convicted of making, selling, or possessing a Schedule II substance (or possessing with the intent to do so), will face a mandatory minimum 15-year prison sentence, in addition to any fines that may apply. (40 La. Stat. Ann. § 967.)
Second and Subsequent Offenses
A defendant convicted of a second or subsequent offense will face twice the applicable fine, prison term, or both, as described above according to the Schedule and substance involved in the violation. (40 La. Stat. Ann. § 982.)
Talk to an Attorney
CDS manufacture or sale convictions incur both heavy fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.
