CDS which refer to controlled dangerous substance and possessing these substances illegally in Louisiana carries high penalties which include staying in jail for about 6 months to twenty years or more.
To understand the Louisiana CDS Possession by Fraud laws in Jefferson Parish, the following topics will be discussed:
- How does Louisiana Law define Obtaining CDS by Fraud?
- Classification of Controlled Drug Substances in Louisiana.
- What Would You Be Your Sentence If You Are Found Guilty of Obtaining CDS by Fraud in Jefferson Parish
- Schedules of Controlled Drug Substances in Louisiana Law Code.
- How can one defend themselves against Obtaining CDS by Fraud charge in a Louisiana court and the Value of Great Legal Advice?
How does Louisiana Law define Obtaining CDS by Fraud?
As defined by Louisiana law revised statutes, it is not lawful for unauthorized officials to obtain controlled dangerous substances. The law also states who has a license to distribute, manufacture, and dispense controlled dangerous substances to another authorized person who also has a license.
The law also decides who gets manage any shop, warehouse, dwelling house, vehicle, any place whatever which is typically visited by people who use controlled dangerous substances.
Different states like Louisiana control and regulate the possession of controlled dangerous substances, but they all have different ways they define this crime and different penalties. For this state of Louisiana, it does not just classify well-known drugs like heroin, marijuana, and cocaine as controlled dangerous substances, it also classifies those that are used to create them.
If you are charged for any case related to obtaining CDS by Fraud at Jefferson Parish, make sure you contact the Barkemeyer Law Firm which would help you with your charges by analyzing the situation and getting the best available deals.
Classification of Controlled Drug Substances in Louisiana
Classifying the controlled drug substances, Louisiana breaks CDS into 5 different schedules. The first schedule outlines the most dangerous drugs which have the highest probability of addiction and abuse without any recognized value that would grant benefit to your health. The remaining 4 schedules decrease on how dangerous they are and how probable you could get addicted to them and how they could be an increase in recognized medical uses.
These schedules are there to understand the penalties of you illegally possess any of the CDS outlines above. If you are charged by for illegal possession of CDS, you need to consult the law code for Louisiana and you’ll know which drug fits into which group so you’ll know your specific penalty if convicted.
What Would You Be Your Sentence If You Are Found Guilty of Obtaining CDS by Fraud in Jefferson Parish?
If you are convicted from the laws that defined obtaining controlled drug substances in Jefferson Parish, you could be fined about $15000 or less. The proceeding would be independent and would not be attached to other proceedings under the law of the state. If the violation was done and evidence is gotten which states the crime was committed intentionally, after conviction you would be sent to jail for about six months of mess and you could be sentenced to pay a fine of less than $500 or that specific amount.
If you do not have a valid prescription, it is completely illegal to possess a CDS. The penalties are differentiated according to the number of available CDS and the classification of the drug schedule.
Schedule of Controlled Drug Substances in Louisiana Law Code
CDS For Schedule 1
The penalties here are divided into Marijuana offenses and Non-Marijuana offenses.
For offenses that are Non-marijuana, they have penalties that range from a year to ten years in jail. With fines up to five thousand dollars or both. It all depends on the type and amount of CDS that was obtained.
For offenses related to marijuana possession, it could be punished by around 6 months in the parish jail, with fines up to a thousand dollars or both. For more violations, the penalties increase to a level of a felony. The sentence could reach 2 to 8 years in jail. If it is a case of synthetic cannabinoids then you get a sentence that could reach 20 years and a fine of up to five thousand dollars. There are exceptions for legally possessing medical marijuana. Gotten from La. Rev. Stat. Ann. § 40:966 (2019).
CDS for Schedule 2
The penalties here are different, relating to the type and amount of CDS involved. The sentences could range from a year to 5 years in prison and you could get a fine of up to five thousand dollars or both. If you have possession of phencyclidine, you could be sent to jail for up to twenty years. Gotten from (La. Rev. Stat. Ann. § 40:967 (2019).)
CDS for Schedule 3
If you are convicted, you could maximally stay in jail for about a year to 5 years with a fine of five thousand dollars. Gotten from (La. Rev. Stat. Ann. § 40:968 (2019).)
CDS for Schedule 4
These penalties include paying a fine of five thousand dollars, where you could be kept in jail for about 5 years. If you are convicted because of Rohypnol or ruffles, you could be punished by up to 10 years in jail. Gotten from (La. Rev. Stat. Ann. § 40:969 (2019).)
CDS for Schedule 5
This carries a max sentence of a year to 5 years in jail or paying a fine of five thousand dollars or both in some cases. Gotten from La. Rev. Stat. Ann. § 40:970 (2019).
How can one Defend themselves against Obtaining CDS by Fraud charge in a Louisiana court and the Value of Great Legal Advice?
You could defend yourself from charges related to obtaining controlled drug substances illegally by stating your need to get them or proving with the aid of an alibi why you need these controlled drug substances for medical reasons. Because being convicted of obtaining CDS illegally might seem like something light but this conviction means it stays permanent in your criminal record. It would haunt you everywhere. Your housing applications, licensing renewals and so many other parts of your life would be on halt. You need a legal team like The Barkemeyer Law Firm to analyze the facts of your condition, explain your options, penalties, and advise you on what to do next.