Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Unlawful Controlled Dangerous Substance CDS Drug in Louisiana
CDS is the abbreviation for Controlled Dangerous Substance in Louisiana. Controlled dangerous substances are drugs that the Louisiana legislature has determined to be so dangerous that they are illegal to possess, or illegal to possess without a valid prescription. These drugs have been separated into various schedules according to potential for drug abuse and medical use. Every drug has a different potential for dependency and abuse. Some drugs have medical uses, therefore, require a prescription.
There are five schedules of controlled substances, I, II, III, IV and V. In determining if a substance is to be added to these schedules, the Secretary of the Louisiana Department of Health shall consider whether there is potential for abuse. It must be determined whether there is a lack of accepted safety for use of the substance under medical supervision, and whether the abuse of the substance may lead to severe psychological or physical dependence. It is also considered whether or not there is a currently accepted medical use in treatment in the United States.
Many consider the current scheduling to be outdated. For instance, possession of marijuana falls under Schedule I CDS drug, though most people would agree that it is not as dangerous as a substance like heroin, which is also a Schedule I narcotic drug. Currently, Louisiana is experiencing an epidemic with heroin. It is killing many people, often, first-time users. On the other hand, the legislature has slightly reduced the sentences on marijuana possession. Both marijuana and heroin are Schedule I.
Violation of CDS laws in Louisiana results in various sentences. Generally, the sentencing range for violations of the specific schedule are the same in that schedule. However, there are exceptions. The Louisiana CDS law is always changing every year. Some laws get less harsh and some get harsher. Many CDS violations in Louisiana result in mandatory prison sentences. Some violations provide for probation, while others do not.
Schedule 1 Drugs in Louisiana
These drugs are in the highest schedule because they have no currently accepted medical use and they have a high potential for drug abuse. Therefore, they are treated the most seriously. Here are the most common Schedule 1 CDS drugs in Louisiana:
Ecstasy – MDMA
Schedule 2 Drugs in Louisiana
The drugs listed under Schedule 2 have a high potential for abuse and can lead to severe dependence. Schedule 2 drugs are treated seriously because they are considered dangerous. Here are the most common Schedule 2 drugs in Louisiana:
Schedule 3 Drugs in Louisiana
Schedule 3 drugs have a more moderate to low possibility of creating dependence but more so than Schedule 4 and 5. Here are the most common Schedule 3 drugs in Louisiana:
Schedule 4 Drugs in Louisiana
The drugs listed in Schedule four have an even lower possibility of dependency. Here are the most common Schedule 4 drugs in Louisiana:
Schedule 5 Drugs in Louisiana
Schedule 5 drugs are those with lower potential for abuse than Schedule 4 and consist of preparations containing limited quantities of certain narcotics. Schedule 5 drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule 5 drugs are:
cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin
What is an Unlawful Controlled Dangerous Substance?
Unlawful Controlled substance is a substance or CDS drug that is recognized by the states and federal laws to be unlawful. These substances are referred to as contraband and there is no legal purpose for you to justify the possession of materials that may be illegal. Many narcotics, synthetic steroids, stimulants, and depressants produced for legitimate medical purposes have been subjected to abuse, hence, the need for legal control.
Possession of unauthorized unlawful controlled dangerous substances is a serious offense that can attract significant fines and a long jail term. The Louisiana law divides Controlled Dangerous Substance into 5 schedules depending on the strength of the drug and degree of addiction it can cause. Schedule I contains the most dangerous drugs, which have a high probability of addiction and abuse with no notable medical value. Schedule II, III, IV, and V have a less dangerous effect, less probability of abuse and increased medical value. The probability of abuse and addiction of unlawful controlled dangerous drugs decreases down the schedules.
The Schedules are used to determine applicable penalties for possessing the specific controlled dangerous substance. If you or your loved one is caught in possession of Unlawful CDS drugs, it is important that you consult a criminal lawyer in Baton Rouge to help you fight your case because possession of unlawful controlled dangerous substance is usually taken as a great offense in Louisiana.
Well known drugs like marijuana, heroin, ecstasy, and cocaine along with substances used to manufacture them are classified as unlawful CDS in Louisiana. The abuse rate of these drugs is a determining factor in the scheduling of drugs. Schedule I drugs which are on the high side of abuse and potential dependence can attract more penalty than a schedule V drug which is a category of drugs with the least potential for abuse.
Schedule I Controlled Dangerous Substances
Schedule I drugs or substances are drugs that do not have a recognizable medical value, yet has a high potential for abuse. Regardless of the quantity, possession of schedule I drug can get you deep in trouble. Examples of schedule I substances are heroin, peyote, lysergic acid diethylamide (LSD), ecstasy, marijuana (cannabis), methaqualone, and cocaine.
- Penalties for possession of Schedule I CDS Drugs
Penalty for having a schedule I substance vary according to the controlled drug involved. Usually, an offender is required to pay a fine of at least $5,000 and could sometimes be as much as $600,000. Prison term of at least 4 years and could be up to 30 years. Sometimes, the offender may have to face both the prison term and fine.
An individual in possession of 400 grams of Schedule I drug may be required to pay a minimum fine of $250,000 and up to $600,000, a prison sentence of at least 15 years (it could be up to 30 years, or offender may serve both penalties.
Schedule II Controlled Dangerous Substances
Schedule II drugs also have a high potential for abuse and the potential to cause psychological and physical dependence. These drugs have a vegetable origin or chemical synthesis. Production could be by extraction from substances that have vegetable origin or independently through chemical synthesis or a combination of both extraction and chemical synthesis.
Schedule II narcotics include hydromorphone, methadone, meperidine, fentanyl, oxycodone, morphine, opium, hydrocodone, glutethimide, pentobarbital, and amobarbital. Possession of precursor substance that can be sufficient for the manufacture of phenylacetone, methylamine, cyclohexane, piperidine can lead to a charge of a drug crime.
- Penalties for possession of Schedule II CDS
Penalty for Schedule II CDS includes a fine of up to $5,000 and it could be as much as $600,000, 5 years prison term or more, sometimes up to 30 years. The offender may also be made to serve both penalties (prison term and fine).
Schedule III Controlled Dangerous Substances
The substances in this schedule have a potential for abuse that is lesser than the substances in Schedule I or II and have a potential for high psychological dependence and low to moderate physical dependence. Schedule III drugs are mostly stimulants that exert their effect on the nervous system. Examples of Schedule III narcotics include Ketamine, benzenediamine, buprenorphine, phendimetrazine, chlorphentermine, clortermine, and anabolic steroids.
- Penalties for possession of Scheduled III controlled dangerous substance is a prison term of up to 5 years and a payable fine of up to $5,000.
Schedule IV Controlled Dangerous Substances
Schedule IV Controlled Dangerous Substances have reduced the potential for abuse and dependence compared to Schedule III CDS. These drugs can be prescribed by a physician to treat some nervous system conditions. Examples of Schedule IV controlled dangerous substances include Xanax, Soma, Darvon, Darvocet, Diazepam, Lorazepam, Midazolam, Ambien, Tramadol, etc.
Schedule V Controlled Dangerous Substances
Substances in Schedule V have a low potential for abuse compared to those in Schedule V. They only contain a limited quantity of certain narcotics. An example of Schedule V substances is cough preparations. These drugs are generally used as an antitussive, antidiarrheal, and analgesic drugs.
- Penalties for possession of Schedule V substances include a prison term of up to five years, a payable fine of up to $5,000, or both.
Aggravating Factors for Possession of Schedule Substances
The penalties for possession of schedule substance may vary depending on some factors including the quantity of the substance found with you, the intent to sell which is usually proven by the quantity you have with you, and where you were found.
The drug charge that is given to someone is usually dependent on how much you carry. If you are caught with a minute amount of the dangerous substance, you may be charged with a drug charge of Possession. When you are charged with this, the level of sentencing you get or the chance of you being free depends on if you have been arrested before on a drug charge.
If the number of CDS drugs you have with you is more than the specified grams, it may not be a mere Possession charge but a Possession with an intent to distribute. Being charged with this crime also depends on where you were caught with that quantity of drugs. Was it in a dark corner or in a vehicle? Were you caught with paraphernalia of the drugs? Were you caught with instruments used for making, transporting, growing the substance and so on? All these matter. Do not forget that the Schedule that the substance belongs to is also a contributing factor.
What do I do if charged for possession of an unlawful controlled dangerous substance?
The first and most important thing you should do if you are charged with possession of a controlled drug is to contact a drug criminal defense attorney in Louisiana. Carl Barkemeyer criminal defense attorney in Baton Rouge can give you the utmost representation that you deserve. Contact Carl Barkemeyer, Criminal Defense Attorney, for consultation and representation on your CDS drug case.
What Happens If It Isn’t Your First Offense?
A person who has been convicted on more than one occasion for the same crime would face twice as much of the prison sentence or the applicable fine. Sometimes they can face both as the case may be. It depends on the schedule and the kind of drug in their possession. When a person is charged with any CDS violation crime, it could lead to heavy fines and long prison sentences. This is why the need for a criminal defense attorney is necessary as they will they help you in the court and give you a detailed explanation of your options while giving you advice on the step to take and what to say as well as what not to.
Lawyer for CDS Possession in Louisiana
If you have an arraignment coming up for a possession of CDS drugs in Louisiana and need a drug criminal defense attorney in Louisiana, contact us. We are lawyers for drug charges anywhere in Louisiana, including Baton Rouge, West Baton Rouge, Port Allen, Livingston, Denham Springs, Ascension, Gonzales, Tangipahoa, Amite, Hammond, Covington, Slidell, St. Tammany, and more.
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Louisiana DWI & Criminal Lawyers
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DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.