fbpx

Schedule II Drugs

March 3rd, 2023

Categories

There are five Controlled Dangerous Substances categories in Louisiana, based on the type of substance and its use. 

 

What is a Schedule II drug

Louisiana schedule II drugs are generally derived from vegetable origin or chemical synthesis. However, some opium and opiates are on the list, as well as stimulates and depressants, derivatives of which appear in other schedules, as well as carbonic acids. In addition, there are approximately 48 substances listed explicitly as schedule II in the statute. 

The most common Schedule II drugs I deal with are methamphetamine, cocaine, and fentanyl. So those are the substances I specifically address here.

 

Methamphetamine

Penalties for producing or manufacturing methamphetamine 

The penalty for producing or manufacturing methamphetamine or amphetamine is a minimum of ten and up to thirty years in jail, at least ten of which is without the benefit of probation, parole, or suspension of sentence. There is an additional penalty if children age twelve or younger are present.

Penalties for possession of methamphetamine

The penalties for methamphetamine vary depending on weight. 

* Less than 2 grams, the sentencing range is up to two years and up to a $5,000 fine.

* Possession of 2 grams to 28 grams, the sentencing range is one year to five years, and up to a $5,000 fine. 

 

Cocaine

Penalties for producing or manufacturing cocaine

The penalty for producing or manufacturing cocaine or a cocaine-based mixture is a minimum of ten years and up to thirty years at hard labor, at least ten of which served without benefit of probation, parole, or suspension of sentence, and up to a $500,000 fine.

Penalties for possession of cocaine

The penalties for cocaine vary depending on weight. 

* Less than 2 grams, the sentencing range is up to two years and up to a $5,000 fine.

* Possession of 2 grams to 28 grams, the sentencing range is one year to five years, and up to a $5,000 fine. 

 

Fentanyl

Penalty for producing or manufacturing fentanyl

The penalty range is a minimum of five years, up to forty years, and up to a $50,000 fine. 

Penalty for possession of fentanyl

* The sentencing range for less than two grams is two to four years of hard labor.

* The sentencing range for two to twenty-eight grams is two to ten years of hard labor and up to a $5,000 fine.

Because of the addictive and deadly nature of fentanyl, the penalties are more than the other common schedule II drugs. 

Keep in mind the laws and interpretations are continually changing. The above references laws in effect as of 2022 outlined in LSA R.S. 40:967. As rulings come down from different courts and jurisdictions, these rules are apt to change. 

If you or someone you know has a question about possession of a schedule I drug and wants to discuss the process and defenses, do not hesitate to contact the law office of Larrion L. Hillman at 318-549-9810. This blog is not intended as legal advice, nor does it form an attorney-client relationship. Larrion Hillman practices criminal defense in Caddo Parish, Webster Parish, Bossier Parish, Shreveport, and Bossier City, Louisiana. And remember, keep calm and let Hillman handle it.

 

Let’s Work Together