Louisiana Drug Trafficking Laws – All You Need to Know

Drug trafficking is a felony offense under Louisiana law. It involves the illegal transportation, distribution, or sale of controlled substances, so facing a drug trafficking charge can lead to severe legal consequences. Louisiana drug trafficking laws impose harsh penalties, including long prison sentences and large fines. It’s important to understand all the relevant factors of these charges, from the penalties associated with them to the available defenses.

Penalties for Drug Trafficking in Louisiana

To understand the consequences of a drug trafficking charge, it’s important to first note that drug trafficking refers to the illegal sale, distribution, or transportation of controlled substances.

In Louisiana, the penalties for drug trafficking are largely determined by the type of drug involved. Harder drugs, like cocaine, methamphetamines, or heroin, are considered especially dangerous, and their sale/distribution/transportation can result in lengthy prison sentences.

Once the type of drug is identified, the severity of the penalty then typically increases based on the amount of drug that was trafficked, as the law takes into account the potential harm these substances can pose to communities.

In addition, certain aggravating factors can lead to harsher penalties for drug trafficking offenses. For example, trafficking near schools, parks, or daycare centers is treated as an especially serious offense, and the penalties are enhanced to protect children and young people. Another aggravating factor is the presence or use, of a firearm. The involvement of a firearm is viewed as increasing the danger of the offense, which can result in stricter legal consequences, like longer prison sentences and additional legal complications.

Given the serious penalties involved with drug trafficking convictions, it’s important for anyone charged with drug crimes to seek experienced legal representation. The penalties can be life-altering, but the right attorney can defend against these charges and potentially reduce or eliminate the penalties.

Common Defenses Against Drug Trafficking Charges

While drug trafficking charges are very serious, there are several defenses available to those who are facing accusations. An experienced Louisiana criminal defense attorney can explore these defenses to potentially reduce the severity of the charges or possibly even secure a dismissal. These defenses can include:

• Lack of Knowledge: One common defense is that the accused was unaware that there were drugs in their possession. If you had no idea there were drugs in your vehicle or on your property, this can form the basis of a strong defense.
• Illegal Search and Seizure: If law enforcement officers didn’t follow proper legal procedures when obtaining evidence, like conducting an illegal search without a warrant, any evidence they gathered could be deemed inadmissible in court.
• Entrapment: In some cases, the defendant could argue that law enforcement coerced them into committing the crime, leading to the dismissal of the charges.

Working with an experienced attorney is critical for identifying and applying the most effective defense strategy for your case.

Ever-Changing Drug Laws

Beyond traditional drug trafficking, it’s important to note that changes to legislation in 2024 reclassified certain medications as controlled dangerous substances, which means possession of these drugs now falls under strict regulations. These medications, mifepristone and misoprostol — primarily used to treat conditions like ulcerative colitis and prevent death from hemorrhaging during childbirth — now require stricter storage accessibility protocols.

If you have these drugs in your possession without proper legal authorization, you could face serious legal consequences, up to and including criminal charges. It’s always wise to be cautious. If you’re unsure about the legality of possessing these medications, it’s wise to consult a legal professional.

In addition, changes were also made to reduce the potency allowed in THC (the main ingredient in marijuana) and CBD products. Therefore, businesses that continue to sell products containing the previously allowed potency could potentially face marijuana trafficking charges. Similarly, those using older products could face possession charges.

If you’re thinking about using medical marijuana or THC products, it’s important to understand the rules and make sure you purchase the right potency. If you don’t have the proper prescription or if you have too much THC, you could face serious legal problems. Make sure you stay up to date with the laws to stay safe.

FAQs

Q: Can Drug Trafficking Charges Be Reduced or Dismissed in Louisiana?

A: While drug trafficking charges are serious, there are circumstances where they could be reduced or dismissed. This can depend on a lack of evidence, unlawful search and seizure, or cooperation with law enforcement. Working with an experienced defense attorney could uncover potential defenses or weaknesses in the prosecution’s case. This can possibly result in reduced charges or even a dismissal.

Q: Can I Be Charged With Drug Trafficking If I Wasn’t the One Physically Transporting the Drugs?

A: Yes. In Louisiana, anyone involved in the distribution or sale of drugs can face drug trafficking charges, even if they weren’t directly transporting the drugs. The law considers anyone who helps transport or distribute these substances as a part of the trafficking operation, which is why it’s so important to have an experienced drug trafficking lawyer by your side.

Q: What’s the Difference Between Drug Trafficking and Drug Possession?

A: Drug trafficking is the illegal distribution or sale of controlled substances, while drug possession is simply having illegal drugs on your person without the intent to sell or distribute. Trafficking typically carries more serious penalties due to the intent to distribute, but possession could result in lesser charges, depending on the amount of drugs involved.

Q: How Does Louisiana Treat Drug Trafficking Offenses Involving Prescription Medication?

A: Louisiana treats trafficking in prescription medication (for example, opioids or stimulants) in the same way illegal drugs are treated. The penalties can be just as serious, depending on the circumstances. Trafficking prescription drugs without a proper prescription can lead to felony charges and significant prison time, especially if large quantities are involved.

Navigating Drug Trafficking Laws in Louisiana

Understanding Louisiana’s drug trafficking laws is essential if you’re facing charges. The penalties for trafficking drugs are life-changing, and the legal process can be very complicated. That’s why it’s crucial to consult an experienced attorney from Longman Jakuback. We can provide guidance, explore your defense options, and work to secure the most favorable outcome for your case.

Contact us today to arrange a consultation.