Drug Charges Attorney: What Is Their Role in Drug Cases?

The Common Types of Drug Charges

Possession

In Louisiana, “possession” means knowingly or intentionally having actual or constructive control of a controlled dangerous substance (for example, on your person, in a vehicle, or in a residence). Simple possession is generally charged under La. R.S. 40:966(C) (Schedule I), 40:967(C), 40:968(C), 40:969(C), and 40:970(C) (Schedules II–V), depending on the drug’s schedule. Penalties vary by the drug’s schedule, quantity, and any prior record. For cannabis specifically, possession of 14 grams or less is a fine-only offense (maximum $100) on a first or subsequent conviction and must be enforced by summons in lieu of custodial arrest (La. R.S. 40:966(C)(2)(a)(i); La. C.Cr.P. art. 211).

Distribution

“Distribution” involves delivering a controlled dangerous substance to another person. Louisiana law defines “distribute” as to deliver (La. R.S. 40:961(15)), and “delivery” as the transfer of a controlled dangerous substance, whether or not there exists an agency relationship (La. R.S. 40:961(11)). Distribution offenses are typically charged under La. R.S. 40:966(A) (Schedule I) and 40:967–40:970(A) (Schedules II–V). Circumstantial factors (packaging, scales, larger quantities, or cash) can be used to show intent. These offenses typically carry higher statutory ranges than simple possession.

Trafficking

Conduct commonly referred to as “drug trafficking” is usually prosecuted in Louisiana as distribution, manufacturing, or possession with intent under La. R.S. 40:966–40:970. Larger-quantity or interstate cases may be brought in federal court under 21 U.S.C. § 841, where certain mandatory minimums depend on the drug and amount.

Manufacturing

“Manufacturing” includes producing or creating illegal drugs, such as cultivating plants or making methamphetamine. Louisiana also criminalizes creating or operating a clandestine laboratory (La. R.S. 40:983) and adds enhanced penalties if a lab is on or within 1,000 feet of school property (La. R.S. 40:983.1) — a separate enhancement from the general 2,000-foot drug-free zones in La. R.S. 40:981.3.

Why Work With a Drug Charges Attorney?

Protecting Your Rights

Your lawyer reviews whether evidence was obtained lawfully and whether officers followed required procedures. If your rights were violated—for example, through an unlawful search—your attorney can file a motion to suppress under La. Code Crim. Proc. art. 703.

Reviewing Evidence

Counsel can examine lab reports, chain-of-custody records, body-cam or surveillance footage, witness statements, and police reports to identify weaknesses or legal issues that may support a reduced charge or dismissal where appropriate.

Negotiating With Prosecutors

Depending on the facts and applicable law, attorneys may discuss plea options that can reduce charges or penalties. Outcomes depend on the case record, the statutes, and judicial discretion.

Building a Strong Defense

Defense strategies may include challenging how evidence was obtained, contesting lab results, presenting witness or expert testimony, and raising legal defenses available under Louisiana and federal law.

What Are the Penalties for Drug Charges in Louisiana?

• Fines. Amounts vary by statute, drug schedule, and quantity.
• Probation. Conditions can include check-ins, drug testing, and community service.
• Jail or prison. Sentences can range from months to decades for serious cases.
• Record consequences & possible expungement. Some records may be eligible for expungement (sealing from public view) if statutory criteria are met—for example, many felonies may be eligible 10 years after completion of sentence with no new felony during that period and no pending criminal charges; certain offenses are not eligible, including crimes of violence (La. R.S. 14:2(B)) and sex offenses (La. R.S. 15:541). Expungement removes records from public access but does not destroy them; law enforcement and certain agencies retain access. See La. C.Cr.P. arts. 978, 973.
• Driver’s license consequences (driving cases / some CDL cases). Louisiana suspensions are primarily tied to DWI/vehicular offenses under La. R.S. 32:414. Non-driving drug convictions are not subject to an automatic state suspension; federal law (23 U.S.C. § 159; 23 C.F.R. Part 192) allows states to opt out. CDL holders may face federal disqualification consequences under 49 C.F.R. § 383.51.
• Court-ordered treatment. Counseling or rehabilitation may be ordered in appropriate cases.
• Asset forfeiture. Property tied to certain drug crimes may be subject to forfeiture under Louisiana’s Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989 (La. R.S. 40:2601 et seq.).
• Drug-free zones (La. R.S. 40:981.3). Penalties increase for certain drug crimes committed on or within 2,000 feet of designated properties.

• Schools: Enhancements apply to any violation of La. R.S. 40:966–970 on school property, on a school bus, or within 2,000 feet of school property; lack of knowledge of proximity is not a defense (La. R.S. 40:981.3(B)).
• Drug treatment facilities: Enhancements apply to Subsection (A) conduct (La. R.S. 40:966(A), 40:967(A), 40:968(A), 40:969(A), 40:970(A) — manufacture, distribution, or possession with intent to distribute); lack of knowledge is not a defense (La. R.S. 40:981.3(A)(2), (B)).

Religious buildings, public housing authority property, and child day care centers: Enhancements apply only if the area is posted as a drug-free zone in accordance with La. R.S. 40:981.3(A)(3)(b).