On this page
- What drug charges does Barry Ranshi defend in New Orleans?
- Is marijuana still a crime in Louisiana?
- What are the possession penalties for cocaine, meth, heroin and fentanyl?
- Possession or possession with intent: why the difference is huge
- What is a drug-free zone, and how does it affect your charge?
- Was the search legal? How a motion to suppress works
- What if the drugs weren't yours? Constructive possession
- Can the crime lab results be challenged?
- How does the firm handle a drug case from start to finish?
- Can you avoid a conviction? Article 893, Article 894 and drug court
What drug charges does Barry Ranshi defend in New Orleans?
Every level, from a marijuana summons to felony distribution and conspiracy cases. The firm defends drug charges across Orleans and Jefferson Parishes and the surrounding parishes, including cases involving:
- Marijuana
- Cocaine and crack
- Methamphetamine
- Heroin and fentanyl
- Prescription drugs, such as oxycodone, without a valid prescription
- Possession with intent, distribution and drug conspiracy
- Drug paraphernalia
Louisiana treats possession and distribution very differently, and distribution carries much harsher penalties. Even a possession conviction stays on your record and can affect jobs, housing and school. As a former Orleans Parish prosecutor, Barry knows how these cases are charged and where they tend to break down. Your first conversation is free and confidential: call (504) 905-8399, 24 hours a day.
Is marijuana still a crime in Louisiana?
Small amounts are no longer a jailable offense. Since August 1, 2021, possessing 14 grams or less of marijuana is punished by a fine of up to $100, with no jail, no matter how many times it happens. Police issue a summons instead of making a custodial arrest.
Above 14 grams, the penalties climb:
- 1st offense: up to $500 and/or up to 6 months.
- 2nd offense: up to $1,000 and/or up to 6 months.
- 3rd offense: up to $2,500 and/or up to 2 years.
- 4th or more: up to $5,000 and/or up to 8 years.
Distribution or possession with intent is a felony: 1 to 10 years for under 2.5 pounds, and 1 to 20 years at hard labor for 2.5 pounds or more, with fines up to $50,000. Marijuana paraphernalia for personal use is fine-only. Read more in our guide to Louisiana marijuana laws.
What are the possession penalties for cocaine, meth, heroin and fentanyl?
Louisiana sets possession penalties by drug schedule and weight, and the weight includes any mixture the drug is in. Here are the ranges for simple possession (not distribution):
| Drug | Under 2 grams | 2 to 28 grams |
|---|---|---|
| Schedule II, such as cocaine, meth or oxycodone | Up to 2 years, up to $5,000 | 1 to 5 years, up to $5,000 (under 28 grams) |
| Fentanyl or carfentanil | 2 to 4 years | 2 to 10 years, up to $5,000 |
| Heroin (Schedule I) | 2 to 4 years | 2 to 10 years, up to $5,000 |
| Other Schedule I drugs | Up to 2 years, up to $5,000 | 1 to 10 years, up to $5,000 |
Because a few grams can move you into a higher bracket, the exact weight in the lab report matters. So does whether that weight was measured correctly.
Possession or possession with intent: why the difference is huge
Possession with intent to distribute (often called PWID) is charged as if you were selling, even if no sale happened. That one change in the charge can turn a probation-eligible case into years in prison:
- Cocaine or other Schedule II: 1 to 10 years and up to $50,000 for under 28 grams. 1 to 20 years at hard labor for 28 grams or more.
- Heroin: 5 to 40 years at hard labor, any amount.
- Fentanyl: 5 to 40 years at hard labor for under 28 grams, 7 to 40 years for 28 to 249 grams, and life for 250 grams or more. Distributing fentanyl that causes serious bodily injury adds 5 more years.
Prosecutors usually try to prove intent with circumstances, such as how the drugs were packaged, the amount, cash, scales or text messages. Those facts often have innocent explanations. Pushing a PWID charge down to simple possession is one of the most important things a defense lawyer can do. See possession vs. possession with intent in Louisiana.
What is a drug-free zone, and how does it affect your charge?
A drug-free zone is the area on or within 2,000 feet of certain places. If you are charged with distribution or possession with intent inside one, the maximum fine goes up and the maximum prison term can be up to 1.5 times longer.
Protected places include:
- Schools and school buses
- Day care centers
- Churches and other religious buildings
- Drug treatment facilities
- Public housing (some only if posted)
- State parks
In a dense city like New Orleans, a lot of ground falls within 2,000 feet of something on this list. We check the actual measurement and whether the location really qualifies.
Was the search legal? How a motion to suppress works
If police found the drugs through an illegal stop or search, the judge can throw that evidence out. Without the drugs, the state often has no case. This is the first place Barry looks in every drug case.
Questions that matter include:
- Did the officer have a lawful reason to stop you or your car?
- Was there a valid search warrant, and did police stay within it?
- If police say you consented, was the consent real and voluntary?
- Did the stop last longer than it should have?
A motion to suppress asks the court to exclude evidence obtained in violation of your rights. Barry covers this topic in his podcast episode "Louisiana Takedown: Understanding Search and Seizure Laws in Drug Cases," available on our videos page.
What if the drugs weren't yours? Constructive possession
Being near drugs is not the same as possessing them. When drugs are found in a shared car, a shared apartment or a common area, prosecutors often rely on a theory called constructive possession, meaning you knew the drugs were there and had control over them.
That theory has limits. Riding in someone else's car or living with someone who keeps drugs does not make you guilty by itself. We look at who owned or rented the space, whose belongings were where, fingerprints and statements, and whether anything actually ties you to the drugs beyond being present.
Can the crime lab results be challenged?
Yes. The state must prove what the substance is and how much there was. Lab results are evidence, not automatic truth.
- Identity: A roadside field test is not the same as a full lab analysis. We check what testing was actually done and what it really shows.
- Weight: Since penalties depend on weight brackets, we check how the substance was weighed and whether packaging was included.
- Chain of custody: Every hand the evidence passed through should be documented.
- The analyst: We review the analyst's methods, notes and records, and we look for gaps the state cannot explain.
How does the firm handle a drug case from start to finish?
With a plan built around your facts, not a template. Here is what working with The Barry S. Ranshi Law Firm looks like:
- Free consultation. You tell your story, ask questions and learn your rights, in person or remotely, with no obligation.
- Case assessment. Barry reviews the police report, video, lab results and the search itself, then explains your options in plain English.
- Defense development. This is where motions to suppress, lab challenges and possession arguments are filed and argued.
- Advocacy. Barry negotiates for reduced charges or diversion when that serves you, and prepares to try the case when it does not.
You are not a case number here. Being charged with a drug crime can feel like a life-altering moment, and you will get straight answers and personal attention the whole way through.
Can you avoid a conviction? Article 893, Article 894 and drug court
Often, yes, especially on a first offense. Louisiana has several paths that can end with the conviction set aside:
- Article 893 (felonies): On an eligible first felony, the judge can defer the sentence and place you on probation. If you complete it, the conviction is set aside and the case dismissed, which has the same effect as an acquittal and opens the door to expungement. It is not available for drug offenses punishable by more than 10 years.
- Article 894 (misdemeanors): The same idea for misdemeanor charges.
- Drug court: Drug division probation focuses on treatment and supervision instead of jail. Probation in a specialty court can last up to 8 years.
A first marijuana possession conviction can be expunged just 90 days after the conviction. Learn more in our guide to Article 893 and 894 set-asides. To find out which option fits your case, call (504) 905-8399 for a free consultation.