Louisiana Possession of Drug Paraphernalia Lawyer

Louisiana RS Code for Drug Paraphernalia

Louisiana RS Code 40:1023 broadly outlaws the knowing distribution, use, or possession with the intent to use any drug paraphernalia. Illegal activities include selling, lending, renting, distributing, exchanging, displaying for sale, and other related activities. Additionally, Louisiana law forbids the use or possession with the intent to use of any drug paraphernalia for particular purposes. These purposes include, but are not limited to, planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

What is Considered Drug Paraphernalia in Louisiana?

Generally speaking, drug paraphernalia refers to tools or objects that facilitate drug use, drug manufacturing, or selling drugs. Louisiana law, however, does not strictly define drug paraphernalia. Rather, Louisiana RS Code RS 40:1022 allows courts to determine what qualifies as drug paraphernalia by considering legally relevant factors. Some examples of relevant factors include statements about the object’s use, the proximity of the object to controlled substances, instructions provided with the object concerning its use, and advertising about the object’s use.

The broad means by which authorities define drug paraphernalia can be problematic. Louisiana residents may be unfairly accused of criminal acts for owning or using various everyday objects. This can include medical objects used for legitimate medical purposes, such as the hypodermic needles that a diabetic may use. Alternatively, authorities may accuse defendants of criminal activity for owning more mundane objects, such as spoons, pipes, scales, or containers. As long as authorities believe you intend to use such objects as drug paraphernalia, they can charge you with illegal possession.

What is Considered Possession in Louisiana?

Possession of drug paraphernalia falls under two categories. Actual possession charges involve paraphernalia that authorities found on the defendant’s person. Constructive possession, on the other hand, is less straightforward. If authorities see alleged drug paraphernalia and have reason to suspect it is yours, they may charge you with constructive possession. For example, constructive possession charges may apply if authorities find alleged paraphernalia in your home or your car.

Louisiana Drug Paraphernalia Penalties

Possession of drug paraphernalia, on both the first and second charges, is considered a misdemeanor offense. Courts may sentence first-time offenders to 15 days of jail time, a court fine of $300, or both. Sentences increase to up to six months imprisonment and a maximum fine of $1,000 for a second offense.

Third and subsequent charges qualify as felony offenses. Potential penalties include a prison sentence of up to two years with or without hard labor and a maximum fine of $2,500.

Penalties can vary depending on specific circumstances. For example, the punishments for violations involving paraphernalia that facilitates the individual personal use of marijuana are less harsh. Possession of marijuana paraphernalia can lead to a fine of up to $100 for a first offense, up to $500 for a second offense, and up to $2,500 on a third or subsequent offense. Courts do not require jail time for these offenses.

On the other hand, harsher penalties may apply to paraphernalia possession cases involving distribution or the intent to distribute. If the prosecution accuses you of intent to distribute alongside possession of paraphernalia, contact the Ossie Brown law firm as soon as possible. Our Baton Rouge drug distribution lawyers provide crucial guidance to those facing drug distribution charges in Louisiana.