New Orleans tends to conjure up thoughts of a thriving party scene. And while drinking Hurricanes in public is fine, cocaine use is not. Louisiana’s drug laws are just as strict as those in other jurisdictions.
One of the reasons lawmakers in the State of Louisiana work so hard at implementing and enforcing these laws is to protect its citizens. They want to protect them from addiction to controlled dangerous substances, Louisiana also wants to prevent the kind of rampant crime that accompanies drug use and sales.
Cocaine is one of the more dangerous illegal drugs, along with methamphetamine, amphetamines, and fentanyl. Louisiana has battled cocaine trafficking for years, which causes increased violence surrounding cocaine distribution and use. Louisiana authorities have also cracked down on the sale and possession of cocaine.
Here, we’ll discuss Louisiana’s cocaine laws, including the penalties for possession, distribution, and sale of the drug. If you’re facing drug charges, contact a criminal defense attorney in Louisiana as soon as possible. You should also familiarize yourself with Louisiana’s drug laws.
All Forms of Cocaine Are Illegal in Louisiana
According to the Drug Enforcement Administration (DEA) drug classification system, cocaine is a Schedule II drug. People use cocaine in various forms, including:
- Powder cocaine - This is the type of cocaine users inhale.
- Crack - People who manufacture crack cocaine mix the pure powder with baking soda and ammonia so it turns into a rock. Users then smoke the rock using a pipe and other paraphernalia.
- Freebase cocaine - This type of cocaine requires a different chemical process from crack.
Under Louisiana law, if law enforcement catches you with any form of cocaine in your possession, they can arrest you. Your criminal charges will depend on the amount of drug you have on you at the time of your arrest. Regardless of how much of the drug you have, you’ll likely face jail time and fines.
It’s worth pointing out that Louisiana law also prohibits the unlawful possession, sale, and distribution of other controlled dangerous substances, including:
- Codeine
- Depressants
- Opiates (oxycodone, fentanyl)
- Amphetamines (Adderall, speed)
- Hallucinogens (mushrooms)
- Phencyclidine
- LSD
- PCP
- MDMA (Ecstasy)
Some of these drugs are legal with a valid prescription. The same is true if you have a drug for medical use, such as medical marijuana. However, possessing just a few grams of cocaine can end with the state filing drug possession charges against you. The more drugs you have in your possession, the better the odds of your case resulting in a maximum sentence.
Cocaine Statutes in Louisiana
The charges and penalties under Louisiana's cocaine laws are listed below. The specific cocaine charges the state files will depend on the facts of your case.
Louisiana Cocaine Law Code Sections
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Louisiana Revised Statute
§40:961, et seq. (applies to all illicit drugs, including Schedule III and Schedule IV drugs)
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Louisiana Possession of Cocaine Penalties
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The penalties for this drug offense depend on the amount of drugs you have at the time of your arrest.
- Fewer than 28 grams - A prison sentence of five years with or without hard labor and a $5,000 fine
- Between 28 to 200 grams - Between 10 to 60 years of hard labor and a fine between $50,000 to $150,000
- Between 200 to 400 grams - Between 20 to 60 years of hard labor and a fine between $100,000 to $350,000
- Over 400 grams - Between 30 to 60 years of hard labor and fines between $250,000 to $600,000
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Louisiana Sale of Cocaine Penalties
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- Up to 30 years of hard labor and a fine of up to $50,000
- Sale to minors by someone over the age of 25 - life imprisonment
- Sale to minors by someone under the age of 25 to someone at least three years younger - double penalties
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Louisiana Cocaine Trafficking Penalties
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- Production or manufacturing cocaine base: Between 40 to 99 years of hard labor without parole or suspension and a fine of up to $500,000
- The judge does not have the option of a suspension of sentence for this crime
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Remember that there are federal drug laws in addition to state laws.
Facing Cocaine Charges in Louisiana? An Attorney Can Help
If you’re facing drug charges, it’s a good idea to consult a Louisiana drug crime attorney. You should also seek help if you have a drug addiction or substance abuse problem.
Some of the reasons why you should consider talking to a criminal defense lawyer include:
- Complex drug crimes require a lawyer
- Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
- Drug crime laws involve many specifics that can quickly change a case
When your entire future is at stake, it's not time to dabble in the law. Get tailored legal advice from a skilled and experienced attorney.