Illegal Drugs

It is unlawful in Louisiana to produce, manufacture, distribute, dispense or possess with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance classified in Schedules I through V unless such substance was obtained directly or pursuant to a valid prescription or order from a licensed physician or veterinarian or as a provider in R.S. 40:978, while acting in the course of his or her professional practice, or except as otherwise authorized by law. Penalties for violation of laws regulating controlled dangerous substances follow:

Schedule I: Various opiates, hallucinogens, depressants, and stimulants (LA RS 40:966). The maximum penalty for production, manufacture, distribution, or possession with intent to produce, manufacture, distribute or dispense Schedule I narcotic drugs, is life imprisonment at hard labor without benefit of probation or suspension of sentence, and a fine of up to $50,000. The maximum penalty for the possession of any Schedule I drug, excluding marijuana or its chemical derivatives, is imprisonment at hard labor for 4-20 years (depending on the substance) and a fine of not more than $5,000. The maximum penalty for a first offense possession of marijuana or its chemical derivatives shall be a fine of not more the $500, imprisonment for not more than 6 months, or both.

Schedule II: Other narcotics, opiates, stimulants, and depressants (LA RS 40:967): The maximum penalty for violating Louisiana law concerning the production, manufacture, distribution, or possession with intent to produce, manufacture, distribute, or dispense, of any substances under Schedule II which is a narcotic drug, except cocaine or cocaine base, or which is amphetamine or methamphetamine, shall be imprisonment at hard labor for not less than 5 years up to 99 years, and a fine up to $500,000. For Pentazocaine, the maximum penalty shall be imprisonment at hard labor for not less than 7-10 years without benefit of parole, probation, or suspension of sentence, and a fine up to $15,000. For production or manufacture of cocaine or cocaine base, the penalty shall be life imprisonment and a fine up to $500,000. For any other Schedule II drug, the penalty shall be imprisonment at hard labor for not more than 10 years, and a fine of not more than $15,000. For possession of a Schedule II drug, the penalty shall be imprisonment from 2-60 years and a fine of $5,000 to $600,000, depending on the drug and quantity involved.

Schedule III and IV: Stimulants, depressants, other narcotics, and anabolic steroids (LA RS 40:968 and RS 40:969): The maximum penalty for violating Louisiana law concerning the manufacture or distribution of controlled dangerous substances under Schedule III shall be a term of imprisonment at hard labor for not more than 10 years and a fine up to $15,000. For possession of a Schedule III drug, the penalty shall be imprisonment up to 5 years and a fine up to $5,000. For manufacture, distribution, or possession with intent to produce, manufacture, distribute or dispense of a Schedule IV drug, Flunitrazepam, shall be imprisonment at hard labor for not less than 5 to 30 years and a fine of not more than $50,000. For any other Schedule IV drug, the penalty shall be imprisonment at hard labor for up to10 years and a fine not more than $15,000. For possession of a Schedule IV drug, the penalty shall be imprisonment up to 10 years and a fine up to $5,000.

Schedule V Drugs (LA RS 40:970): For manufacture, distribution, or possession with intent to produce, manufacture, distribute or dispense a Schedule V drug, the penalty shall be imprisonment up to 5 years and a fine up to $5,000. The maximum penalty for possession of a Schedule V Drug is up to 5 years imprisonment and a fine of up to $5,000.