Drug Possession
Practice Areas
Baton Rouge Drug Possession Lawyer
A single mistake or misunderstanding can lead to life-changing criminal charges. When that moment involves drugs, you need a Baton Rouge Drug Possession Lawyer who knows how to fight for your freedom and future. Louisiana enforces some of the strictest drug possession laws in the country, with penalties that include jail time, heavy fines, and lasting criminal records.
At The Law Offices of Ossie Brown, our legal team represents individuals throughout Baton Rouge facing allegations of possessing controlled substances, prescription drugs, or other illegal drugs. We provide clear guidance, strong defense strategies, and personal attention from start to finish.
Call (225) 343-1111 or contact us online to schedule a free consultation and protect your rights today.
Types of Baton Rouge Drug Possession Cases Our Criminal Law Firm Handles
Drug possession cases can differ greatly depending on the substance, the amount, and whether the arrest leads to state or federal charges. Our Baton Rouge criminal defense attorneys handle every type of case involving controlled substances, from simple possession to intent to distribute and drug paraphernalia violations.
We represent adults, juveniles, and first-time offenders accused of possessing illegal drugs, prescription medications, or controlled substance analogues classified under Louisiana law. No matter the charge, our law firm builds a strong defense strategy to protect your rights and help you avoid the lasting consequences of a drug possession conviction.
Marijuana Possession
Louisiana has reduced penalties for possessing small amounts of marijuana, but it remains illegal to possess marijuana for recreational use. Possession of less than 14 grams can result in up to 15 days in jail and a $100 fine. Possession of 14 grams to 2.5 pounds carries up to 6 months in jail and a $500 fine under R.S. 40:966. Larger amounts are felony charges with potential prison sentences of 2 to 10 years.
Although Louisiana allows medical marijuana with a physician’s recommendation, unauthorized possession still violates state law. Prosecutors may also increase charges if evidence indicates intent to distribute. A Baton Rouge marijuana lawyer from The Law Offices of Ossie Brown examines police procedures, challenges illegal searches, and uses valid medical documentation to support your defense.
Possession of Cocaine or Crack
Cocaine and crack cocaine are Schedule II controlled substances under R.S. 40:967. These offenses carry some of Louisiana’s most severe penalties. Simple possession can result in imprisonment for 2 to 10 years and fines of up to $5,000. Larger quantities or evidence suggesting distribution can trigger enhanced charges or federal prosecution.
A Baton Rouge cocaine possession lawyer will evaluate whether police officers had probable cause for arrest, whether search and seizure procedures complied with the law, and whether the prosecution’s case meets the burden of proof.
Possession of Heroin
Heroin is a Schedule I controlled dangerous substance under R.S. 40:966, classified as having no accepted medical use and a high potential for abuse. Possession of heroin carries penalties of up to 10 years in prison and fines ranging from $5,000 to $15,000. Repeat or large-quantity offenses can result in a life sentence or prosecution under federal law.
Law enforcement and prosecutors treat heroin cases aggressively due to Louisiana’s rising opioid-related deaths. Defendants may also face intent to distribute charges if scales, baggies, or large sums of cash are found. Our Baton Rouge heroin lawyer team includes reviewing chain of custody, laboratory testing, and potential unlawful search issues to seek dismissal or reduction of charges.
Possession of Fentanyl Charge
Fentanyl cases have increased sharply across Louisiana as this synthetic opioid appears in counterfeit pills and street drugs. Possession of fentanyl or any of its analogues is treated as a Schedule II drug offense and carries severe penalties. A conviction can result in 2 to 10 years of hard labor and fines of up to $5,000, with harsher penalties for repeat offenders or those involved in federal prosecution.
A Baton Rouge fentanyl lawyer will investigate whether the substance was tested accurately and whether law enforcement had probable cause to make the arrest. We challenge illegal searches, examine lab reports, and fight to prevent felony drug possession charges from becoming a life-altering conviction.
Illegal Possession of Prescription Drugs
Charges for illegal possession of prescription drugs arise when a person holds medication without a valid prescription or outside a professional practice. Louisiana treats these offenses seriously, especially when Schedule II or III prescription drugs, such as oxycodone, Adderall, or anabolic steroids, are involved.
The criminal defense attorneys at The Law Offices of Ossie Brown defend clients accused of possessing medications prescribed to someone else or possession of quantities suggesting intent to distribute. We review pharmacy records, medical documents, and the prosecution’s evidence to determine whether the medication was lawfully obtained.
Possession of Meth (Methamphetamine)
Methamphetamine is a Schedule II controlled substance under Louisiana law, and even small amounts can result in felony drug possession charges. A conviction carries 2 to 10 years in prison and fines up to $5,000. Law enforcement in Baton Rouge treats meth possession seriously due to its connection to manufacturing and distribution.
When officers find precursor chemicals, pseudoephedrine products, or equipment associated with meth production, prosecutors may pursue enhanced charges. Our drug possession lawyers focus on challenging constructive possession, verifying lab identification, and reviewing whether probable cause supported the arrest.
Possession of Ecstasy, MDMA, and Other Club Drug Offenses
MDMA, ecstasy, and similar synthetic substances are Schedule I controlled dangerous substances under Louisiana law. Possession can result in up to 10 years of imprisonment and fines of $5,000 to $15,000, with enhanced charges for arrests near schools or clubs.
These drug possession cases require careful review of chemical testing and police procedures. Our attorneys examine the aggregate weight of the seized material and contest any unlawful search or invalid warrant. If the court determines the drugs were misclassified or the evidence is unreliable, we seek to dismiss or reduce the charges.
Possession of Drug Paraphernalia
Under Louisiana R.S. 40:1025, possessing drug paraphernalia, such as pipes, syringes, scales, or baggies, constitutes a separate criminal offense, often charged alongside illegal drug possession. A first offense can lead to up to six months in jail and fines of up to five hundred dollars; subsequent offenders face harsher penalties and potential felony charges.
Our criminal defense law firm examines whether the seized items were connected to drug activity or had a lawful purpose. By challenging evidence and questioning the prosecution’s case, we work to reduce or eliminate the drug-related charges.
Federal Drug Possession Charges
Federal prosecutors handle drug possession cases that involve large quantities, interstate trafficking, or arrests on federal property. These cases follow 21 U.S.C. § 844, which carries mandatory minimums and lengthy prison sentences for certain controlled substances.
Our criminal defense attorneys represent clients in the United States District Court for the Middle District of Louisiana. We challenge illegal searches, question probable cause, and examine how federal law applies to your situation.
Juvenile Drug Charges
Juvenile drug possession cases in Louisiana are handled in family or juvenile court, where the goal is rehabilitation, not punishment. These cases emphasize diversion programs, counseling, and community service instead of jail time for the minor child.
A Baton Rouge minor in possession lawyer from The Law Offices of Ossie Brown works to protect your child’s record, education, and future opportunities. Our defense attorneys focus on keeping juvenile drug charges out of adult court.
Louisiana Controlled Substance List
Louisiana divides all controlled dangerous substances into Schedules I through V under R.S. 40:964. Each schedule is based on a drug’s medical use, potential for abuse, and likelihood of dependency. The classification determines the severity of penalties and the sentencing range for drug possession convictions.
The state regularly updates its controlled substance list to include new synthetic drugs and controlled substance analogues classified as chemically similar to existing illegal substances. This ongoing review allows prosecutors to charge possession of emerging drugs not previously listed under Louisiana law.
Types of Drug Possession Charges in Louisiana
Louisiana law recognizes several drug possession charges, each with different penalties and legal standards. Depending on the facts of the case, a person may face simple possession, possession with intent to distribute, or constructive possession. The court determines the severity based on the type of drug, the quantity, and the defendant’s prior criminal record.
Simple Possession
Simple possession refers to knowingly possessing a controlled substance without legal authorization. This charge applies to smaller amounts intended for personal use, not for sale or distribution.
Penalties depend on the schedule classification, aggregate weight, and prior conviction. Even a first offense can lead to jail time, fines, or probation, and a conviction may create a lasting criminal record that affects future opportunities.
Possession With Intent to Distribute Charges
Possession with intent to distribute is a more serious offense than simple possession and carries harsher penalties under Louisiana drug laws. Prosecutors may infer intent to distribute based on the quantity of the controlled substance, how it was packaged, or the presence of scales, cash, or multiple cell phones. These factors suggest planned distribution rather than personal use.
Our defense attorneys challenge how evidence was obtained, question probable cause, and verify accurate substance identification. A focused defense strategy can reduce charges or minimize penalties.
Constructive Possession
Constructive possession applies when a person has control over a location where drugs are found, even without holding them directly. Prosecutors must prove the accused knew the controlled substance was present and intended to exercise control over it. These cases are common in vehicles or shared residences where multiple people have access.
Our drug possession lawyers focus on showing the defendant lacked knowledge or control of the substance. By challenging the state’s evidence and emphasizing reasonable doubt, we work to prevent unlawful possession convictions.
Drug Trafficking vs Possession With Intent
Drug trafficking differs from possession with intent to distribute based on the quantity and type of drug involved. Trafficking usually includes manufacturing, transporting, or selling larger amounts of controlled substances and carries severe penalties under both state and federal law.
While intent to distribute may be inferred from packaging or cash, trafficking focuses on the large-scale movement or sale of illicit substances. The difference can determine whether you face probation pursuant to state sentencing or a lengthy prison sentence. Our criminal defense attorneys analyze all evidence to challenge inflated weight calculations or unsupported trafficking allegations.
Louisiana Controlled Substance Schedules and Possession Penalties
Louisiana classifies controlled dangerous substances under Schedules I–V. The schedule determines the possible penalties for drug possession cases, from misdemeanors to serious felonies.
- Schedule I: Highest abuse potential, no medical use.
- Schedule II: High abuse potential, limited medical use.
- Schedule III: Moderate abuse potential, accepted medical use.
- Schedule IV: Lower abuse potential, common medical use under prescription.
- Schedule V: Lowest abuse potential, limited narcotic content, and accepted medical use.
Penalties increase with the drug’s classification, prior convictions, and aggregate weight. Courts may impose community service, probation, or a sentence of hard labor, depending on the circumstances.
Schedule I Controlled Substances in Louisiana
- Classification: No accepted medical use under Louisiana law, highest abuse potential; Includes synthetic drugs and controlled substance analogues classified for chemical similarity.
- Common substances: Heroin, LSD, MDMA/Ecstasy, psilocybin mushrooms, synthetic cannabinoids (Spice/K2), bath salts.
- Penalties: Up to 10 years in prison, fines $5,000-$15,000; Enhanced penalties for offenses near schools, parks, or housing developments.
- First offense: Possible probation or drug court eligibility.
- Multiple Offenses: Repeated violations can result in felony drug possession charges and more severe prison sentences.
Schedule II Drugs in Louisiana
- Classification: High potential for abuse but accepted medical use under strict supervision; Covered under R.S. 40:967 and often prosecuted in felony drug possession cases.
- Common Substances: Cocaine, methamphetamine, fentanyl, oxycodone, Adderall, morphine.
- Penalties: 2-10 years imprisonment, fines up to $5,000 for possession; Larger quantities can trigger intent to distribute or federal drug charges.
- Prescription Defense: A valid prescription may serve as an affirmative defense; Misuse or expired prescriptions may still lead to charges.
- Multiple Offenses: Prior convictions or possession near schools can result in harsher penalties and hard labor sentences.
Schedule III Controlled Substances in Louisiana
- Classification: Moderate potential for abuse and accepted medical uses under R.S. 40:968; Offenses commonly tied to prescription drug possession.
- Common substances: Ketamine, anabolic steroids, testosterone, Suboxone, codeine combinations under 90mg.
- Penalties: Up to 5 years imprisonment, maximum $5,000 fine; Enhanced charges possible with intent to distribute or large quantities.
- Multiple Offenses: Repeat convictions or professional violations can result in license suspension and felony classification.
- Possession thresholds: Penalties increase with quantity.
- Professional impact: Healthcare workers face license suspension.
Schedule IV Controlled Substances in Louisiana
- Classification: Lower abuse potential and accepted medical uses under R.S. 40:969; Commonly linked to benzodiazepine-related possession cases.
- Common Substances: Xanax, Valium, Ativan, Klonopin, Ambien, Tramadol
- Penalties: Up to 2 years in prison, fines not exceeding $2,000; Felony penalties possible for intent to distribute or repeated violations.
- Prescription Issues: Expired prescriptions are still prosecutable
- Multiple Offenses: Subsequent offenders face enhanced sentences, probation restrictions, or community service requirements.
Schedule V Controlled Substances in Louisiana
- Classification: Lowest potential for abuse; limited narcotic content under R.S. 40:970; Rarely prosecuted as felonies.
- Common Substances: Codeine cough syrups (under 200mg/100ml), Lyrica, Lomotil
- Prescription Issues: Some substances can be purchased legally in small amounts; misuse becomes illegal possession.
- Penalties: Up to six months in parish jail and fines of up to $500; this still creates a criminal record that affects employment and housing applications.
- Multiple Offenses: Repeat offenders may face stricter sentencing or probation, as determined by the court.
Aggressive Defense Strategies for Baton Rouge Possession Drug Charges
Building a strong defense strategy begins with a thorough review of the search and arrest procedure to determine whether police officers had probable cause or violated search and seizure laws. Our Baton Rouge drug possession lawyers challenge the accuracy of laboratory testing, verify the chain of custody, and identify weaknesses in the prosecution’s case.
When evidence is unreliable or obtained unlawfully, we pursue case dismissal or negotiate for reduced charges and more lenient sentencing options. Every detail matters in felony drug possession cases, and our goal is to protect your rights and achieve the best possible outcome.
Penalties For Drug Possession Charges in Louisiana
Penalties for drug possession charges vary based on the drug schedule, quantity, and prior criminal record. A drug conviction can result in prison time, fines, probation, or hard labor sentences. For individuals with a felony conviction, additional consequences exist, including restrictions on firearm ownership, a key issue when considering the question: Can a felon own a gun in Louisiana? Louisiana law generally prohibits convicted felons from possessing firearms under R.S. 14:95.1, and federal law also bars gun rights in many felony cases. Beyond incarceration, a drug possession conviction can impair employment prospects, professional licenses, driving privileges, and future opportunities.
Louisiana State Drug Laws vs Federal Drug Crime Cases
Drug possession cases in Louisiana may be prosecuted under state or federal law, depending on the type of controlled substance and the circumstances of the arrest. State charges under R.S. 40:966–970 are typically filed for smaller quantities or local arrests, while federal drug crime cases arise from larger operations, drug trafficking, or possession on federal property. Federal prosecutors follow 21 U.S.C. § § 841–844, which impose mandatory minimum sentences and offer no parole.
A conviction in either system can lead to a felony record, substantial financial hardship, and long-term loss of rights, including restrictions on firearm ownership. Because federal drug charges often carry harsher penalties, working with a Baton Rouge drug charges lawyer experienced in both jurisdictions is vital to protect your future.
How a Baton Rouge Drug Possession Defense Attorney Can Help With the Legal Process
A Baton Rouge drug possession lawyer reviews every detail of your arrest, search warrant, and evidence seizure to identify probable cause mistakes or violations. Your attorney represents you during arraignment, pretrial motions, and trial, challenging weaknesses in the prosecution’s case.
When it serves your best interests, your lawyer may seek a plea agreement, diversion program, or placement in a drug treatment program designed for individuals with a substance abuse disorder. These options typically include a substance abuse evaluation and focus on rehabilitation rather than punishment, reducing the likelihood of a felony conviction or lengthy sentence.
An experienced criminal defense lawyer will protect your rights throughout the legal process and work toward the best possible outcome in your drug possession case.
First-Time Offender Programs and Alternative Sentencing
Louisiana’s Drug Court and diversion programs give first-time offenders facing drug possession charges an opportunity to avoid jail and a permanent conviction. These programs focus on rehabilitation, accountability, and treatment instead of incarceration.
Under Article 893 for felony cases and Article 894 for misdemeanors, the court may suspend or defer sentencing while the defendant completes probation, drug treatment, or a court-approved diversion program. If all requirements are met, the prosecution can set aside and dismiss the conviction. Once the case is dismissed, the individual may become eligible to petition for expungement, allowing them to clear the charge from their public record.
The Law Offices of Ossie Brown helps clients pursue these alternatives, advocating for treatment over incarceration and protecting their future.
What to Do If Arrested for Drug Possession in East Baton Rouge Parish
If you’re arrested for drug possession in East Baton Rouge Parish, stay calm and exercise your right to remain silent. Do not answer police questions or consent to a search without a lawyer present. What you say or allow during an unlawful search can impact your defense strategy later.
Contact a Baton Rouge drug possession lawyer at The Law Offices of Ossie Brown immediately. Your attorney will review the arrest report, assess probable cause, and determine whether police followed search and seizure laws. Early legal intervention can help preserve evidence, challenge procedural violations, and improve your chances of having drug charges reduced or dismissed.
Frequently Asked Questions About Drug Possession Charges
Can Drug Charges Be Expunged in Louisiana?
Yes. Some drug charges in Louisiana can be expunged if you complete a diversion program, drug court, or an Article 893/894 deferral. A criminal defense attorney can confirm your eligibility and handle the expungement process.
How to Get Drug Possession Charges Dropped in Louisiana?
Drug possession charges may be dropped if evidence was illegally obtained, insufficient, or improperly handled. Your attorney can file motions to suppress evidence or seek dismissal through diversion programs.
Will I Go To Jail if I Fail a Probation Drug Test in Louisiana?
Failing a probation drug test doesn’t always mean jail time. Judges may order treatment or warnings for first violations, but repeat offenses can lead to revocation hearings. A Baton Rouge probation violation lawyer can help argue for alternatives to incarceration.
Is Drug Possession a Felony or Misdemeanor in Louisiana?
Drug possession in Louisiana may be a felony or misdemeanor based on the drug type and amount. Schedule I and II drugs like heroin or cocaine are usually felonies, while small marijuana or Schedule V cases may be misdemeanors. Felonies carry prison time, while misdemeanors may result in jail time or fines.
Contact a Drug Possession Lawyer in Baton Rouge Today For a Free Consultation
If you’re facing drug charges in Baton Rouge, you need experienced legal representation now. The Law Offices of Ossie Brown has a proven track record defending clients against drug possession and drug trafficking charges throughout East Baton Rouge Parish. Early intervention can make the difference between a conviction and a dismissal.
Call (225) 343-1111 or complete our online form today to speak with a Baton Rouge drug possession lawyer and start protecting your rights immediately.
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