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08Feb

Is Adderall a Felony in Louisiana?

You may be wondering if possessing Adderall in Louisiana is a felony. Well, you are in the right spot. We are going to talk about the details of Adderall. Keep reading to learn more. 

What is Adderall?

Many of us know that Adderall is classified as a Schedule II drug. This means that it is a controlled dangerous substance. Adderall is known as an amphetamine. You will often see it to treat people who are diagnosed with ADHD (attention deficit disorder). People who have narcolepsy will also use Adderall to treat their symptoms. 

People will often be prescribed Ritalin as well. Adderall and Ritalin are used interchangeably. This means that if you are caught with Ritalin, you are going to receive the same punishment as someone who is caught with Adderall. 

Getting Busted With Adderall – What You Need To Know

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Adderall Possession is Illegal Without a Prescription

 Legal Possession

Many people do not understand that it is not illegal to possess Adderall if you are prescribed it. If you are pulled over and have Adderall in your vehicle that has your name on the bottle, you likely will not get in trouble. There are only a few instances where you may get in trouble for possessing Adderall with your name on it:

  • If you have multiple bottles with the incorrect amount of pills in the bottle. 
  • If you are abusing the prescription. 

Illegal Possession

You can expect to see the following happen if you are caught with Adderall in the state of Louisiana. 

  1. If you are caught with less than two grams of Adderall, you are going to face up to two years in prison. This sentence can include hard labor if the judge sees fit. You will also be expected to pay a fine that cannot exceed 5000 dollars. 
  2. If you are caught with more than two grams but you have less than 28 grams of Adderall or Ritalin, you are facing a minimum of one year behind bars. You can be sentenced to up to five years. In addition to your sentence, you can be charged with hard labor and a fine. The fine may not exceed more than 5000 dollars. 

Felony Charges For Adderall Possession

Having Adderall on you that is not yours is going to cause many problems. Even a small possession charge is considered a felony in the state of Louisiana. Keep in mind that prison time and fines are going to increase if the person has the intent to sell or distribution charges pending. 

For those who are distributing the drug, it will be dealt with the same way as any other distribution of drugs. They are going to determine the class of the drug. In this case, it is a Schedule II drug. 

Keep in mind that even handing out one pill from your prescription at a party could lead you to felony charges. Any possession or misuse outside of a prescription is going to lead to charges if you are caught. Keep reading to learn the charges of distributing Adderall or Ritalin. 

  1. If you have a weight of fewer than 28 grams, you are going to face a charge of at least one year behind bars. You will be facing a maximum sentence of ten years. You also can face a fine of up to 50,000 dollars. 
  2. If you have more than 28 grams of Adderall or Ritalin, you are going to face at least one year behind bars. You are also going to see a maximum sentence of twenty years. A fine of up to 50,000 dollars can be issued. 

What To Do If Caught with Adderall 

If you are caught with Adderall in your possession without a prescription, you are facing felony charges. With that said, let us take a look at what you should do if you are caught with it. 

TIP 1: You are going to avoid talking to the officers. Be respectful and cooperate. 

TIP 2: State that you wish to speak with a lawyer before answering questions.

And just so you know, the police have to respect your wishes. They are legally required to give you this right and respect your request to remain silent until a lawyer is present. 

TIP 3: Do not admit to possessing Adderall or Ritalin. They can use this information against you in court. 

You are going to want to avoid doing anything that is going to admit guilt. They can use this in court and it could hurt your case. If you do not speak, it allows the lawyers to look into if there were any police errors to help ease charges or dismiss the case. 

Is Adderall a Felony in Louisiana 

Any amount of Adderall or Ritalin in your possession without a prescription is going to land you possession charges. Any possession of these substances without a prescription is going to be a felony. That is why you should contact a local criminal lawyer who has experience in the field. Carl Barkemeyer can help with all your questions. Give us a call.

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Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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