Today we’re going to be talking about a schedule 1 charge in Louisiana. So in Louisiana there are five drug schedules. These are found at Louisiana Revised Statute 40:963 and there’s a link in the description. This video is about possession and possession with intent a schedule 1.
Now the list of schedules are found at Louisiana Revised Statute 40:964. We also have a link to that in the description. Schedule ones typically include things like opiates, opium derivatives, hallucinogenics. depressants, stimulants. The most common schedule 1 charges we see are Heroin, MDMA or Ecstasy, LSD or Acid, Marijuana and THC whether synthetic or natural. The criteria for something to be a schedule 1 is that there is a high probability of abuse, there’s no accepted medical use, and there’s a lack of safety protocol for use with medical supervision. Now determining the sentence that you might be looking at can be pretty complex It depends on the amount of the drug and the type of the drug.
Penalties for different schedule 1 charges are found at Louisiana Revised Statute 40:966 and we have a link in the description. Talking about are some examples of the sentences on a first conviction of a possession of less than 14 grams of marijuana, it’s a $100 fine. A second conviction of less than 14 grams of marijuana is a fine of up to a $1,000 and up to six months in jail. A first conviction of 14 grams or more of marijuana is up to six months in jail and a $500 fine. Now a conviction for up to two and a half pounds of Marijuana, THC, or any synthetics is one to ten years in jail and up to a $50,000 fine. Now contrast that with say like Heroin. Heroin is also a schedule 1 but a conviction of less than 28 grams of Heroin is one to ten years in jail and a fine of up to $50,000. These are just a few examples we’re not covering the entire list this video would take way too long. But if you want to determine the sentence that you might be facing you should check the statutes listed in the description.
Now of course there are defenses. Marijuana is actually now prescribed for some medicinal uses and that that is something that’s very in flux in this country right now and it’s also in flux in Louisiana. There are other defenses that maybe the amount is actually less than what the police officer put in the report. Maybe the lab test came back and it wasn’t the drug that they say it was. Or you know maybe it wasn’t yours. Maybe it was found in a vehicle with three or four people in the vehicle and it didn’t belong to you. So the types of defenses that you might have, and the actual sentence that you might be facing are all things that you should discuss with the best criminal defense lawyer that you can find.
Link to Louisiana Revised Statute 40:963: http://legis.la.gov/Legis/Law.aspx?d=98876
Link to Louisiana Revised Statute 40:964: http://legis.la.gov/Legis/Law.aspx?d=98877
Link to Louisiana Revised Statute 40:966: http://legis.la.gov/Legis/Law.aspx?d=98880