Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Marijuana Lawyer in Livingston, Louisiana
Carl Barkemeyer is a marijuana possession defense attorney in Livingston Parish, Louisiana, including Denham Springs. Marijuana is by far the most frequently used drug in the nation and in Louisiana as well. The most common criminal charges that clog Livingston Parish and surrounding courts are prosecution of marijuana crimes, especially possession and use of marijuana. Possession of marijuana can be either a misdemeanor or felony offense, depending on the number of previous convictions for the drug.
Marijuana Reform in Louisiana
Louisiana has also been undergoing marijuana reform like many other states in the country. In the state of Louisiana, medical cannabis has now been legalized for certain medical conditions. The penalties and punishments for the criminal possession of the substance have also been lowered and made less severe. A new law has been passed and signed by the state Legislature that has changed which diagnoses are included as a “debilitating medical condition” to help qualify for legal medical marijuana. The following have been added due to the law and allow a doctor to prescribe medical marijuana for “treatment” of: glaucoma, Parkinson’s disease, severe muscle spasms, intractable pain, and post-traumatic stress disorder (PTSD). In the future, this will likely result in increased prescriptions for medical marijuana treatments, particularly for those patients suffering from general untreatable pain and post-traumatic stress disorder as well. It is very common for physicians and pain clinics to treat the complaint of pain with medical marijuana, even though they might not ever know if pain actually exists.
However, despite these changes to the state law, you can still be charged with an offense if you are caught in possession of this drug illegally or are charged with selling it under both state and federal law. It is predicted that this new law change will actually lead to a rise in illegal possession of medical marijuana and sales as a result of those patients legally obtaining prescriptions who then sell it or distributing it to others that are not legal to possess it.
Schedule I classification
Marijuana is still classified as a Schedule I hallucinogen under LA Rev. Stat. § 40:964. Schedule I drugs are considered to have no medical benefit and also have a high potential for addiction or abuse, which leaves marijuana in a difficult legal spot. This view of marijuana has changed over the years as various studies have showcased its medical benefits, but the drug is still classified as a schedule I drug both understand and federal law. On the other hand, the penalties and punishments for possessing it have been reduced overall. In 2015, a medical marijuana law was passed in Louisiana and is scheduled to be implemented within the next few months. However, the law will only allow people who have received recommendations from one of the licensed doctors to recommend the drug for the treatment of one of the following conditions:
● Crohn’s disease
● Muscular dystrophy
● HIV or AIDS
● Seizure disorders/spasticity
● Multiple sclerosis
If you have one of these conditions, you must first get a recommendation from a doctor who is licensed to recommend the drug. You must also purchase the marijuana from one of the few pharmacies or dispensaries that will be licensed to sell it legally. Gov. John Bel Edward recently announced he will soon sign a bill that would add some conditions to the list of qualifying conditions eligible for medical cannabis treatments, including Parkinson’s disease, post-traumatic stress disorder, glaucoma, intractable pain and severe muscle contractions. Even though marijuana reform is making progress in Livingston Parish and Louisiana, recreational usage is still illegal in the state.
Marijuana Charge Defense in Livingston Parish
Carl Barkemeyer, Denham Springs marijuana defense lawyer, represents people that are charged with the following:
● Misdemeanor Possession of marijuana
● Felony Possession of Marijuana
● Possession with intent to distribute of marijuana
● Distribution of marijuana
● Cultivation of Marijuana
Summons or Arrest
The first offense of possession of marijuana is a misdemeanor in the state of Louisiana. When you are caught possessing marijuana, the police officer may either arrest you or issue a misdemeanor summons for this charge which can be quite different. However, a misdemeanor summons is not like a traffic ticket which can be a surprise to some people. You must appear in court to answer this charge – it is a legal requirement. Mr. Barkemeyer will often appear for his clients if they cannot make it to court for the marijuana misdemeanor summons. Mr. Barkemeyer is very knowledgeable in marijuana cases and may be able to find solutions for you even if you think you have a poor or difficult case. Go to court and plead guilty to the misdemeanor summons is not advisable because the conviction can be used against you in the future to worsen a charge if you are caught with possessing marijuana again.
You Have Rights
The way that police officers should conduct searches, seizures, and arrests are regulated by your constitutional rights to privacy and correct searches. If police violate these constitutional rights, the evidence they collect may be thrown out for incorrect collection and the prosecution may be forced to drop your charges or significantly reduce them since the evidence is no longer viable. Every case is a whole different story so Carl Barkemeyer will investigate all the facts surrounding your arrest for marijuana possession charges and determine whether he can challenge the evidence that was searched seized by police.
Protect Your Record
Mr. Barkemeyer can help in your marijuana possession case, even if the case seems impossible to defend. An aggressive approach to these cases is taken to utilize treatment, rehab, classes, and community service so that the clients can find a great outcome and move on with the positive parts of their lives. Carl Barkemeyer also aids his clients with how to move forward in their marijuana possession case to protect their record and reputation for the future.
If you are charged with any Denham Springs drug or marijuana crime, contact Livingston Parish marijuana possession defense lawyer, Carl Barkemeyer, at (225) 964-6720.
SCHEDULE A CONSULTATION WITH OUR LAWYERS
Louisiana DWI & Criminal Lawyers
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.