What is a Schedule 2 drug charge in Louisiana?

Examples of Schedule II drugs are combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.

Is Schedule 2 drugs a felony in Louisiana?

Possessing certain amounts of Schedule I or Schedule II drugs result in a felony charge. Aside from the previously mentioned exception of Rohypnol, the possession of drugs from the other schedules typically do not result in a felony charge unless one of the previously listed aggravating factors applies.

What is a CDS 2 to charge in Louisiana?

Schedule II Controlled Dangerous Substances

Schedule II narcotics include hydromorphone, methadone, meperidine, fentanyl, oxycodone, morphine, opium, hydrocodone, glutethimide, pentobarbital, and amobarbital.

What drugs classify as a CDS?

The schedule includes drugs such as heroin, mescaline, peyote, and lysergic acid diethylamide (LSD). Possession of certain dangerous drugs such as heroin and cocaine is charged as a felony. You will need to have a skilled N.J. criminal defense attorney representing you.

What is the sentence for possession of Schedule 1 substance in Louisiana?

(3)(a) A substance classified in Schedule I that is the narcotic drug heroin or a mixture or substance containing a detectable amount of heroin or its analogues, upon conviction for any amount, shall be imprisoned at hard labor for not less than five years nor more than forty years and may, in addition, be required to ...

Louisiana Drug Charges Possession of Schedule 2

What does CDS mean in Louisiana?

A controlled dangerous substance (CDS) in Louisiana includes well-known illegal drugs like marijuana, cocaine, heroin, methamphetamines, etc. It also includes the compounds that are used to manufacture them. These substances are categorized into five different “schedules.”

What is possession of CDS in Louisiana?

It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance as classified in Schedule II unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, as provided in R.S. 40:978 while acting in the course of his professional ...

How do you beat a possession charge in Louisiana?

Regarding possession, the prosecutor must prove that the defendant knowingly or intentionally possessed the drugs. The most common defense on the facts is that the drugs belonged to someone else. The defendant can assert that he did not even know of the existence of the drugs.

What are the mandatory minimums for possession of drugs in Louisiana?

Mandatory Minimum Drug Sentencing

Louisiana state law establishes mandatory minimum sentences of at least one year for most nonviolent drug offenses.

What is a felony drug charge in Louisiana?

In Louisiana, possessing certain types of drugs or possessing them in certain quantities can result in a felony charge. Possessing any amount of a Schedule I substance, such as heroin, is a felony. Possessing Schedule II substances like cocaine can also be a felony if the amount exceeds a specified limit.

What is the statute of limitations on drug charges in Louisiana?

Misdemeanors generally have a statute of only a few months or two years in the more extreme instances. Because many drug crimes, especially those involving controlled substances such as cocaine, are punishable by hard labor, the statute of limitations for such cases will be between four and six years.

Is Louisiana a felony or misdemeanor?

(4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor. (5) "Foreseeable" refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception. (6) "Misdemeanor" is any crime other than a felony.

Is drug possession a felony in Louisiana?

In Louisiana, a drug charge is a felony if it is punishable by hard labor. For example, any person convicted of possession of less than two grams of cocaine shall be imprisoned, with or without hard labor, for not more than two years. They can also be fined no more than $5,000.

How long is a sentence for possession?

Federal Drug Mandatory Minimum Sentences for Possession

For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.

What is Schedule 1 CDS in Louisiana?

Schedule I lists the most dangerous drugs, whereas schedule V contains the least dangerous drugs. Examples of drugs within each schedule include: Schedule I: heroin, LSD, marijuana, mescaline, MDMA, and psilocybin. Schedule II: opium, morphine, oxycodone, fentanyl, and methamphetamine.

Is possession of Schedule 4 a felony in Louisiana?

Possession of Xanax in Louisiana is a felony charge regardless whether the defendant possessed one pill or a bag of pills. Xanax is the brand name for Alprazolam, which is a schedule 4 controlled dangerous substance.

What is a warrant of possession in Louisiana?

If the lessee or occupant does not comply with the judgment of eviction within twenty-four hours after its rendition, the court shall issue immediately a warrant directed to and commanding its sheriff, constable, or marshal to deliver possession of the premises to the lessor or owner.

What is the legal term CDS?

certificate of deposit (CD) n. a document issued by a bank in return for a deposit of money which pays a fixed interest rate for a specified period (from a month to several years).

How many schedules of controlled substances are under Louisiana law?

Louisiana Laws - Louisiana State Legislature. There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in R.S. 40:964.

What is considered a controlled substance in Louisiana?

(2) "Illegal controlled substance" means cocaine, phencyclidine, heroin, or methamphetamine and any other illegal controlled dangerous substance the possession or distribution of which is a violation of the Uniform Controlled Dangerous Substances Law, R.S. 40:961 et seq.

Is possession with intent to distribute a felony in Louisiana?

Any person who is charged with possession with intent to distribute illegal substances can face felony penalties in Louisiana. The sentence you may receive if convicted varies widely and relies upon the type of substance police discovered on you and the quantity.

How is CDS different from DEA?

CDS registration is a state requirement and handled by a state agency (for those states that have a controlled substance registration requirement), and DEA registration is handled at the federal level. CDS stands for “controlled dangerous substance”.

What schedule is morphine?

Morphine is a Schedule II narcotic under the Controlled Substances Act. In the United States, a small percentage of the morphine obtained from opium is used directly for pharmaceutical products. The remaining morphine is processed into codeine and other derivatives.