Louisiana has very strict laws concerning marijuana. The penalties for marijuana charges come with hard labor most times. It is no news that certain states have made marijuana legal for both recreational and medical purposes. However, marijuana is still banned in Louisiana. In 1991 though, marijuana was legalized by the legislature for medical purposes but due to the absence of a legal framework, it was not feasible. In this modern-day, only ten licensed pharmacies are allowed to procure medical marijuana in Louisiana. Over time, marijuana has been called different names such as cannabis, pot, weed, and so on. In Louisiana, it has been termed as a Controlled Dangerous Substance. The LSA R.S 40:961 defined 5 classes of these controlled dangerous substances. They are under schedule I to V drugs, with schedule one drugs being the most dangerous and Schedule V drugs being the least dangerous. Marijuana is classified as a Schedule I drug which means it is very dangerous. Therefore, marijuana charges in Metairie, Kenner, and Gretna are not taken lightly.
Laws Guiding Marijuana In Gretna
Under the Controlled Substance Act, the possession, distribution, growing, and sale of marijuana is still very much illegal. It does not matter what the state law says. This is why if there is a clash of federal and state laws, the federal law always stands.
While that still holds, marijuana is illegal in Louisiana and anyone found in possession of it will be prosecuted. Of course, drug laws are different according to states. You can be given a marijuana charge if:
- You are caught in possession of marijuana without an authorized medical prescription
- You are growing, selling or distributing marijuana
- You possess large quantities of marijuana with the intent to sell or distribute
- You are found using marijuana when you do not need it
- If you are aiding a person distributing marijuana.
What Are The Possible Penalties For Marijuana Charges In Gretna?
Before going on to state the penalties for a marijuana charge in Gretna, you should know that the penalty depends on the amount of marijuana the offender was found with.
- If it is up to 14g, the offender spends about 15 days in the Jefferson Parish jail or will be required to pay a fine of $300, or both. This is for a first conviction.
- If it is more than14g, the offender can spend up to 6 months in the Jefferson Parish jail or be fined not more than $500, or both at the first conviction.
- If the marijuana quantity is within 2.5 lbs. to 60 lbs., the offender will be imprisoned for a range of time within two to ten years, with or without hard labor or pay a fine of within $10,000 to $30,000, or both.
- For marijuana quantity of within 60 lbs. to 2,000 lbs., the offender can spend up to 30 years in prison, with hard labor) and also pay a fine of around $50,000 and $100,000.
- If the quantity is ranging from 2,000 lbs. to 10,000 lbs., the offender can spend up to 40 years in prison with hard labor too. He or she will also be required to pay a fine of about $100,000 and $400,000.
- If the quantity is more than 10,000 lbs., the offender will be imprisoned with hard labor within 25-40 years. He or she will also pay a fine of about $400,000 and $1 million.
Is Anyone Immune To Marijuana Prosecution?
Certain people are immune to marijuana prosecution. They include:
- Patients who are authorized to use marijuana for medical purposes
- Individuals who possess marijuana lawfully
- Caregivers listed in section 1503
- Any parent whose minor child has been authorized to use marijuana for medical purposes.
Certain individuals are immune from prosecution for possession of Marijuana, including:
Can Penalties For Marijuana Charges Be Doubled?
You should know that there are situations whereby penalties for a marijuana charge can be doubled. Here are the situations:
- If you are caught distributing or selling marijuana to students in public or private schools
- If you are caught distributing or selling marijuana in or around church premises, treatment facilities, and other public places.
- If you are above 18 and you distribute or sell marijuana to a person under the age of 18.
What Do I Do If I Get A Marijuana Charge In Gretna?
Seeing the penalties above, you can agree that getting a marijuana charge is critical as you can spend years in jail and also pay huge sums of money as fine. If you have been arrested and charged to court for the illegal possession, distribution, or use of marijuana, you need to get legal help as soon as possible. It has already been mentioned that marijuana charges are not taken lightly and this is why you need a well-experienced attorney to help your case.
Your lawyer will be able to tell you about the severity of your crime and what is involved. He or she will also give you legal advice while trying to come up with possible defenses for your case. You should bear in mind that a marijuana case does not need a novice lawyer as it will do no good. Get a marijuana lawyer in Gretna that knows the state laws very well and has handled similar issues.
Marijuana Defense Attorneys in Jefferson Parish
If you or someone you know has been given a marijuana charge in Gretna or elsewhere in Jefferson Parish, contact our marijuana defense lawyers at the Barkemeyer Law Firm. We have years of experience in helping residents deal with their marijuana cases. Of course, it is not something new as we get a lot of calls concerning this. Therefore, we know all about this case and will do all we can to get your charges reduced or dropped. If in the end, a conviction is certain, we will negotiate with the court to try to reduce your sentence.