Drug charges in Louisiana range from simple possession to allegations of large-scale distribution or manufacturing. Each offense carries its own potential penalties, evidentiary issues, and defense strategies.
Whether you are accused of possession, possession with intent to distribute, distribution, or manufacturing, the consequences can be severe. Depending on the charge, a conviction may result in incarceration, home detention, supervised probation, substantial fines, and a permanent criminal record.
Drug cases make up a significant part of the criminal defense practice at Marino & Ehle, LLC. Attorneys Joseph A. Marino III and Davidson S. Ehle III have extensive experience defending individuals charged with drug offenses in Jefferson Parish and throughout South Louisiana.
Their experience is not merely academic—it is trial-tested. Both attorneys have successfully tried cases involving possession of controlled dangerous substances, possession with intent to distribute, and distribution.
Louisiana treats drug offenses seriously, including charges brought against first-time offenders. The nature and severity of the charge may depend on:
Common drug charges in Jefferson Parish include:
Because Louisiana’s drug laws are complex and penalties can increase substantially based on the substance, quantity, and alleged conduct, involving an experienced Jefferson Parish drug defense lawyer early can be critical.
Although marijuana laws have changed in recent years, nonmedical possession remains illegal under Louisiana law and can still result in a criminal record and other consequences.
Under current Louisiana law, possession of 14 grams or less of marijuana is punishable by a fine of up to $100. This applies to a first or subsequent conviction for that amount.
The statute provides for the issuance of a summons rather than a custodial arrest for possession of 14 grams or less. Nevertheless, the matter remains a criminal offense and may appear on a criminal background check unless the record is later expunged or otherwise restricted as permitted by law.
Even a low-level marijuana charge may affect:
Possession of more than 14 grams carries different penalties. On a first conviction, a person may face a fine of up to $500, imprisonment in the parish jail for up to six months, or both.
The penalties increase for qualifying subsequent convictions involving more than 14 grams. A third conviction may become a felony-grade offense, and a fourth or subsequent conviction carries the possibility of significantly greater imprisonment.
Louisiana law also contains a limited cleansing period under which a prior marijuana-possession conviction may not be used for enhancement if the statutory requirements are satisfied.
What initially appears to be a minor marijuana charge can therefore have consequences extending well beyond the payment of a fine.
The difference between simple possession and possession with intent to distribute is not always based solely on the amount of the substance.
Police and prosecutors may rely on circumstances such as:
These circumstances do not automatically prove an intent to distribute. Each piece of evidence must be examined in context, and the prosecution must prove every element of the charged offense beyond a reasonable doubt.
Louisiana classifies controlled dangerous substances within Schedules I through V. The applicable charge and potential sentence depend on the substance, its schedule, its weight, and whether the allegation involves possession, distribution, manufacturing, or possession with intent to distribute.
Controlled dangerous substances may include opioids, stimulants, depressants, hallucinogens, certain prescription medications, anabolic steroids, and synthetic drugs.
Examples include:
Schedule V includes certain substances containing limited quantities of narcotic drugs or other regulated ingredients. The precise classification of a substance should be confirmed under the current Louisiana schedules.
The potential penalties may depend on:
Even the alleged possession of a small amount of cocaine, methamphetamine, fentanyl, or an unlawfully possessed prescription medication can expose a person to serious criminal penalties.
To obtain a conviction for possession, the prosecution must prove more than the mere presence of drugs in a location.
Possession may be alleged as either:
Constructive-possession cases often arise when drugs are found:
Mere presence near a controlled dangerous substance does not necessarily establish knowing possession. The defense may challenge whether the accused knew the substance was present or exercised dominion and control over it.
Possession with intent to distribute is more serious than simple possession and may carry substantially greater penalties.
Prosecutors often attempt to prove intent through circumstantial evidence, including quantity, packaging, cash, scales, communications, or alleged admissions. However, many of these circumstances may have innocent explanations or may not establish that a particular person intended to distribute the substance.
A careful defense examines:
Under Louisiana law, distribution does not necessarily require a completed commercial sale. Prosecutors may allege distribution based on an asserted transfer or delivery of a controlled dangerous substance.
Distribution cases may involve:
These cases require careful examination of the informant’s credibility, the handling of funds and evidence, the quality of any recording, and whether officers followed proper procedures.
Manufacturing allegations may involve the production, preparation, processing, or cultivation of a controlled dangerous substance.
These investigations may rely on:
The presence of equipment or materials does not necessarily prove that a particular person knowingly participated in manufacturing. Ownership, access, knowledge, and control remain important issues.
Louisiana Revised Statutes 14:95(E) prohibits the possession or use of a firearm or carrying of a concealed weapon while committing or attempting to commit certain controlled-substance offenses.
A conviction can carry mandatory imprisonment and serious long-term consequences, even when the firearm was lawfully purchased or otherwise legally possessed.
The presence of both a firearm and a controlled dangerous substance does not eliminate the prosecution’s burden of proof. Important issues may include:
These charges frequently arise from searches of homes and vehicles, where ownership and possession may be disputed.
Many drug prosecutions depend on evidence obtained during a traffic stop, street encounter, search warrant, or warrantless search.
A defense attorney should examine:
When evidence was obtained unlawfully, the defense may file a motion to suppress. If the court excludes critical evidence, the prosecution may be unable to proceed with some or all of the charges.
Joseph A. Marino III and Davidson S. Ehle III have extensive experience challenging unlawful stops, searches, seizures, and arrests in drug cases.
Drug investigations may also involve the seizure of cash, vehicles, firearms, or other property for possible forfeiture.
The seizure of money does not itself prove that the funds were connected to drug activity. Relevant issues may include:
Prompt legal action may be necessary to protect a person’s rights and contest the forfeiture.
At Marino & Ehle, LLC, we examine every stage of a drug investigation, including:
Drug cases are often built on circumstantial evidence. A thorough investigation may reveal weaknesses in the prosecution’s claims concerning knowledge, possession, intent, identity, or the legality of the search.
If you or someone close to you has been arrested for a drug offense in Jefferson Parish, do not wait to obtain legal advice. Statements made to law enforcement can be used in the prosecution of the case, and important evidence may need to be preserved promptly.
Attorneys Joseph A. Marino III and Davidson S. Ehle III defend clients charged with possession, possession with intent to distribute, distribution, manufacturing, firearm-related drug offenses, and other controlled-substance crimes.
Marino & Ehle, LLC represents clients throughout Jefferson Parish, including Metairie, Gretna, Kenner, Marrero, Harvey, and surrounding communities.
Contact Marino & Ehle, LLC for a confidential consultation. Your defense should begin as early as possible.
At Marino & Ehle, we conduct a thorough review of the State’s evidence – including bodycam footage, lab tests and the entire police investigation – and carefully analyze how the evidence measures up under the current applicable law.
Your defense may also include:
Joe Marino and Davidson Ehle are seasoned trial attorneys who prepare every case as if it will be heard by a jury — because that preparation is often what forces better outcomes.
Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.
