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Four Factors That Affect Possession of Marijuana Charges in New Orleans

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A police officer arrested you for marijuana possession in the French Quarter. At the same time, another police officer arrested someone else for marijuana possession in Jackson Square. The two of you were arrested for possession of the same drug in the same city, yet you are facing a steeper fine and more jail time.

Why the Difference in Jail Time For Marijuana Possession Charges??

The potential consequences for possession of marijuana charges in Louisiana are different because possession of marijuana is not a single charge. Instead, there are six different possible charges that depend on:

  • How much marijuana was in your possession when you were arrested. Possession of amounts over 60 lbs will result in a felony charge which carries mandatory minimum sentences of 5-25 years, depending on the amount.
  • Whether you have been convicted of possession before. With each subsequent arrest, jail time and fines more than double.

Your potential sentence will depend not only on the specific charge that you face, but it may also be influenced by:

  • Where you were found to be in possession of marijuana. If you were found to be in possession within a drug free zone then you may face a sentence that is 1.5 times greater than you otherwise would have faced. Drug-free zones include elementary schools, high schools, colleges or universities, playgrounds, drug treatment facilities, religious buildings, public housing, and child care centers.
  • The defense you present in court. Your defense may keep the state from proving the elements of its case. The charges against you may be dismissed, you may be found not guilty, or the sentence that you face could be reduced.

Make no mistake about it; the charges you face are serious and potentially life changing. Accordingly, it is important to educate yourself about your rights and to make sure you do everything in your power to protect yourself. Please fill out our online contact form to get help now.

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