Prescription Drug Charges in Louisiana | What You Need to Know

In Metairie and across Louisiana, an arrest for a prescription drug violation can feel like your entire world stops. Many people facing these charges have a limited understanding of the law or how the criminal justice system works. You might feel overwhelmed, bleak, and hopeless. That feeling is understandable, but you should not give in to despair. Very few cases are as black and white or open and shut as they seem.

Louisiana laws are strict about prescription drug crimes. A single pill without a valid prescription can potentially lead to a felony drug charge, depending on the drug itself. The most important thing to do when you face any drug infraction in Louisiana, whether a felony or misdemeanor, is to get legal help immediately. You can be proactive about protecting your future.

Understanding Controlled Dangerous Substances (CDS)

Louisiana classifies regulated drugs into five categories known as Controlled Dangerous Substances (CDS) Schedules. The schedule a drug falls under determines the severity of the charge and the potential penalties. All prescription drugs that are regulated fall under a schedule, which generally runs from Schedule I (highest abuse potential, no accepted medical use) down to Schedule V (lowest abuse potential).

Louisiana law determines the charge and penalty based on the drug’s schedule classification under the Uniform Controlled Dangerous Substances Law (Louisiana Revised Statutes Title 40, Chapter 4).

For example, Schedule II drugs include common narcotics and powerful stimulants such as oxycodone, morphine, and fentanyl. Schedule IV drugs include depressants and sedatives, such as Xanax (Alprazolam), Klonopin (Clonazepam), and Valium (Diazepam). Possessing a Schedule II controlled substance carries significantly more severe penalties than possessing a non-scheduled “legend drug.”

Possessing a Controlled Substance Without a Prescription

Louisiana Revised Statutes (RS) 40:967 makes it unlawful for a person to knowingly or intentionally possess a Schedule II controlled dangerous substance unless he obtains it directly from a practitioner pursuant to a valid prescription. This same rule applies to drugs in Schedules I, III, IV, and V, with their respective statutes.

A possession charge is often treated as a felony in Louisiana, especially for Schedule I or II drugs. A conviction carries the risk of large fines, mandatory minimum jail sentences, and a felony record that follows you for life. Even for a Schedule IV substance, possessing it without a prescription can result in a sentence of not less than one year nor more than five years of imprisonment, with or without hard labor, plus a fine of not more than five thousand dollars (RS 40:969).

Possession of a “Legend Drug”

Not every prescription medication falls into the CDS schedules. For prescription-only drugs that are not classified in the five CDS schedules, they are commonly called “legend drugs.” These are drugs that require a prescription to be legally dispensed.

Louisiana law specifically prohibits the possession of any legend drug except by a valid order or prescription (RS 40:1060.13). Violating this particular law is a misdemeanor offense. A conviction carries a potential fine of not more than five hundred dollars, imprisonment for not more than six months, or both. While a misdemeanor is less severe than a felony, it still results in a criminal record.

Prescription Drug Offenses Beyond Simple Possession

Criminal charges in Louisiana extend well beyond simply having a pill without a prescription. Prosecutors also target actions taken to illegally acquire or distribute controlled substances.

Prescription Fraud and Forgery

Making a false or forged prescription, or altering a legitimate one, constitutes prescription forgery. Forging a prescription is a serious felony offense. When a person knowingly or intentionally tries to get a controlled substance or a prescription for one by misrepresentation, fraud, forgery, deception, or subterfuge, that person commits a crime (RS 40:971).

Doctor Shopping: A Serious Felony Charge

One of the most common and aggressively prosecuted offenses is “doctor shopping.” This happens when a person seeks or obtains a controlled dangerous substance or a prescription from a healthcare provider while already being supplied or having a prescription from a different practitioner, without disclosing the other supply.

Louisiana law requires the patient to disclose this information in writing to the new practitioner (RS 40:971). Failing to do so is a felony. A conviction for “doctor shopping” can lead to imprisonment, with or without hard labor, for not more than five years and a fine of not more than five thousand dollars. Technology, like Louisiana’s Prescription Monitoring Program (PMP), makes this offense easier for law enforcement to detect than ever before.

Possession with Intent to Distribute (PWID)

If you possess a quantity of a prescription medication that is greater than a typical personal use amount, or if police find it packaged for sale or alongside other evidence like scales or large sums of cash, you could face a charge of Possession with Intent to Distribute (PWID).

PWID is a far more severe charge than simple possession. For a Schedule II controlled dangerous substance like a large quantity of a narcotic painkiller, a conviction for distribution or possession with intent to distribute can result in a minimum of five years and a maximum of thirty years of hard labor, along with a fine of up to fifty thousand dollars (RS 40:967).

The Importance of Experienced Legal Representation

When you face any of these prescription drug charges, the emotional toll can be overwhelming. The criminal justice system is manufactured to make you feel bleak. You feel isolated, but you should remember that you have rights and options.

Challenging a prescription drug case often involves a detail-oriented review of the police procedures used during the investigation. Was the initial stop or search legal? Did law enforcement follow the chain of custody for the evidence? Was the quantity of the drug truly indicative of an intent to distribute, or does a qualified attorney have a strong counter-argument? These are the kinds of technical and procedural questions a strong defense must ask.

A qualified criminal defense attorney helps you find the options you may not realize are available. A defense strategy for a prescription drug case requires more than just knowing the law. It requires an attentive, detail-oriented legal professional who approaches your case with cutting-edge knowledge of technology and criminal defense procedure.

You deserve constant support from a legal team that views you as a person, not just a case number. You need to know that your team has your back from day one and understands the unique facts of your situation. The Bradley Law Firm is focused on building a solid defense strategy with you as a priority. Attorney Jarred Bradley and his team know the Louisiana Revised Statutes and are dedicated to helping you achieve the best possible outcome.

Take the Next Step

Do not face the serious penalties of a Louisiana prescription drug charge alone. Be proactive and seek legal counsel. We offer a free consultation to review the specific facts of your case and discuss your options without any obligation. Contact The Bradley Law Firm today by calling 504-336-1717.