Drug charges in Louisiana can carry serious consequences, and two of the most common are possession and trafficking. While both involve controlled substances, the charges are not interchangeable. Understanding the difference is key to knowing what penalties you might face and how your case may proceed.
At The Jones Law Partners, our criminal defense attorneys have helped people across Alexandria and throughout Louisiana who are dealing with drug-related arrests. Whether it’s a first-time possession charge or a more serious trafficking accusation, our attorneys are here to guide you.
What Makes Possession and Trafficking Different?
Drug possession in Louisiana typically means someone is caught with an illegal or controlled substance for personal use. This could be a small amount of marijuana, prescription drugs without a valid prescription, or harder substances like cocaine or heroin.
Drug trafficking is a much more serious charge. It involves possessing drugs with the intent to distribute, sell, or transport them. That intent doesn’t have to be proven by actions alone. Prosecutors often rely on things like the quantity of drugs, packaging materials, digital scales, large amounts of cash, or previous criminal history to build a trafficking case.
Controlled Substances and Louisiana Drug Schedules
Louisiana organizes controlled substances into five schedules based on potential for abuse and medical use:
- Schedule I: High risk, no accepted medical use (heroin, LSD, ecstasy)
- Schedule II: High risk, but some medical use (fentanyl, oxycodone, morphine)
- Schedule III: Moderate risk (Suboxone, codeine combinations)
- Schedule IV: Lower risk (Xanax, Ativan, Tramadol)
- Schedule V: Minimal risk (some cough medicines with codeine)
The schedule of the drug, combined with how much was found, will influence the charge and the possible penalties.
Penalties for Drug Possession in Louisiana
Possession charges are typically less severe than trafficking, but they can still have long-term effects. Penalties depend on the drug type and whether it’s a repeat offense:
- Marijuana (Schedule I)
- First or second offense: Up to 6 months in jail and/or a $1,000 fine
- Additional offenses: Up to 8 years in prison and a $5,000 fine
- Other Schedule I drugs
- Up to 10 years in prison and $5,000 in fines
- Schedules II–V
- 1 to 5 years in prison and up to $5,000 in fines
Additional penalties apply if the arrest occurs within 1,000 feet of a school, park, or other drug-free zone. Certain synthetic drugs can also trigger longer sentences.
Penalties for Drug Trafficking in Louisiana
Trafficking penalties are generally much harsher than for possession. Convictions can result in:
- 5 to 30 years or more in prison, depending on the drug type and quantity
- Fines of up to $250,000
- Enhanced penalties if a firearm was present or if there is a prior conviction
Louisiana law treats trafficking offenses very seriously, particularly in areas where law enforcement actively targets drug distribution.
What Prosecutors Look for in Drug Cases
In both possession and trafficking cases, prosecutors rely heavily on the surrounding circumstances. That means evidence like where the drugs were found, whether the arrest happened during a traffic stop, and if the person had any weapons or prior offenses can all influence how charges are filed.
It’s also common for law enforcement to use confidential informants or surveillance in trafficking cases. If your arrest came after a longer investigation, there may be additional evidence or charges to navigate. Understanding how prosecutors build their case is one reason it’s important to have legal support early on.
Facing a Drug Charge In Louisiana? Know What’s at Stake
Drug charges in Louisiana and throughout the state can carry serious consequences. Beyond potential prison time or fines, a conviction may also impact your ability to find work, rent housing, or keep certain licenses. Whether you’re facing possession or trafficking allegations, the steps you take early on can make a difference.
The experienced attorneys at The Jones Law Group are here to help. If you’ve been arrested or believe you’re under investigation, reach out to set up a confidential consultation and get answers tailored to your situation.
At Jones Law, we represent people throughout Alexandria and the surrounding parishes. Contact us to set up a confidential consultation and get answers to your questions.
