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Marijuana Laws

What Happens When I Get Caught with Marijuana in New Orleans?

By February 16, 2022No Comments

Imagine that you are at Mardi Gras and you are sharing some weed with your friends. 

Just as you inhale, you see a police officer rushing toward you. She writes up a ticket instead of arresting you, which is a relief—until you sober up. 

You should know that the state of Louisiana considers marijuana a Schedule I Controlled Dangerous Substance which includes the most dangerous intoxicants.

You may think that because you were only in possession of a few ounces that the penalty will be a slap on the wrist.

The reality is quite different. 

If you are facing a charge for a marijuana possession charge in New Orleans, Louisiana, you may want to retain the help of an experienced criminal defense attorney from Crescent City Law. With our attorney John Radziewicz on your side, you know that you will be getting the best legal advice about how to proceed with your case.

What are the Weed Laws in New Orleans?

In August 2021, the New Orleans City Council decriminalized smoking marijuan in New Orleans (only), but you can still be cited for smoking marijuana (a violation of the New Orleans Clean Air Act) or possessing marijuana in violation of both City and State Laws. 

Penalties for mairjuana possession in New Orleans depend on the amount you have in your possession and how many times you are convicted.

  • First or Second Conviction: 
    • Less than 14 grams is a misdemeanor that is punishable with up to 15 days in jail or a fine of up to $100. 
    • Between 14 grams and 2.5 pounds of marijuana, then you face a fine of up to $500 or 6 months in jail. 
    • 2.5 pounds or more? You’ll face a felony punishable up to 10 years in jail!
  • On a Third or more conviction, it is a felony punished by 2 or more years in jail.

Why You Should Take Your New Orleans Marijuana Ticket Seriously

In New Orleans, if you have less than 14 grams of marijuana on you at the time of your ticketing, and this is your first offense, then you will likely only face a small fine. 

You should keep in mind that these offenses may still count against you if you are convicted of other offenses at a later date, which may mean larger fines and longer prison sentences.

Other penalties in other situations include:

  • If you have in your possession between 2.5 and 60 pounds of marijuana, then you face up to 10 years in jail and a $30,000 fine. 
  • For amounts from 60 to 2,000 pounds, you could spend 30 years in prison and pay up to $100,000. 
  • If you have in your possession 10,000 pounds or more, then you face from 25 to 40 years in prison and a fine of up to $1 million.

What are the Penalties for Selling Marijuana to a Minor?

There are substantially more severe penalties if you give or sell marijuana to someone under the age of 18. 

For a first-time offense, you face from 5 to 45 years in prison and $100,000 in fines. 

For any subsequent offenses, you face from 10 to 90 years of imprisonment and a fine as high as $200,000.

Any of these penalties may be increased by 50 percent, if your crime took place within 2,000 feet of a drug-free zone. In the state of Louisiana, a drug-free zone includes daycare centers, religious centers, schools, public housing complexes and drug treatment facilities.

Finally, you should keep in mind that you can lose your driver’s license from 30 days up to 1 year for any conviction of a crime involving a controlled substance.

Contact Crescent City Law to Help With Your Marjuana Case

A crime involving any controlled substance is a very serious matter that could cost you thousands of dollars, or years of your life. A criminal conviction of any kind can interfere with getting a job or owning a home. This is where Crescent City Law comes in. The criminal attorneys at Crescent City Law will fight for you every step of the way. Contact us today for a free consultation.

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“What to do if you got a traffic ticket”

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