Louisiana Drug Charges Possession of Schedule 2
Автор: Big River Trial Attorneys
Загружено: 2022-08-12
Просмотров: 2790
Описание:
This video talks about the charge of possession of a schedule 2 in Louisiana.
Transcript:
All right, today we're going to be talking about the charge of possession of a schedule 2 drug in Louisiana. So there are five schedules in Louisiana. The schedules are found at Louisiana Revised Statute 40:963, and the list of the schedules, the 1, 2, 3, 4, and 5 are found at Louisiana Revised Statute 40:964. Both of these links are in the description.
This video is about possession and possession with intent to distribute a schedule two schedule 2. Schedule 2 includes things like poppy and things derived from poppy, some opiates but not all, coca leaves and things derived from from coca leaves, some stimulants, some depressants, and some hallucinogenic substances. The most common ones we see people charged with are Opium, Codeine, Hydrocodone, Oxycodone, Cocaine of course, other coca leave derivatives, Methamphetamine, and Fentanyl. Now this is not the complete list but that's the ones we see most commonly accused of. So the criteria for something to be a schedule 2 is that there has to be a high potential for abuse and there's a potential for psychological or physical dependence.
Now the sentence that you might be facing can be complex to determine because it depends on both the type of drug and the quantity of the drug. So for example, a first conviction of less than 28 grams of Methamphetamine carries a sentence of 1 to 10 years in jail and a fine of up to $50,000, where 28 grams or more of Hydrocodone carries 1 to 20 years in jail and a fine of up to $50,000. Production or manufacturing of Methamphetamine carries 10 to 30 years in jail, 10 years has to be without the benefit of probation or parole or suspension of sentence. That means you're doing flat time. Alright production or manufacturing of Cocaine or Oxycodone also carries 10 to 30 years of jail time, 10 years again without benefit of probation parole or suspension of sentence. Possession of Fentanyl, just possession, not even manufacturing but just possession carries five to forty years. These are just a few examples, we have not covered every drug in the list. If you want to determine the sentence that you might be facing you can look at the statute below.
There is always the possibility of defenses to drug charges, right. Is it not the quantity that was listed in the report? Is it a lower quantity? Is it, did the lab report come back and say that it was something else? Was it not actually in your possession was it in somebody else's possession? You know, the police come into a house and find it on the table, it's not your house. There are also drug court programs or other programs that may reduce the sentence that you might be facing. If you would like to know more about the actual sentence that you're looking at and the strength of the defenses that you may have, you should definitely discuss your case with an experienced criminal defense attorney.
Link to Louisiana Revised Statute 40:963: http://legis.la.gov/Legis/Law.aspx?d=...
Link to Louisiana Revised Statute 40:064: http://legis.la.gov/Legis/Law.aspx?d=...
Link to Louisiana Revised Statute 40:967: http://legis.la.gov/Legis/Law.aspx?d=...
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