Possession of Schedule IV drugs in Louisiana is a felony. A first offense carries one to five years in prison, with or without hard labor, and a fine of up to $5,000.1Justia. Louisiana Revised Statutes Title 40 RS 40-969 – Prohibited Acts Schedule IV Penalties Because the sentencing statute authorizes hard labor, the offense meets Louisiana’s definition of a felony, which carries collateral consequences that outlast the sentence itself.2Justia. Louisiana Revised Statutes Title 14 RS 14-2 – Definitions One Schedule IV substance, flunitrazepam, is punished more harshly, and repeat offenses double the numbers.
What Counts as Schedule IV Possession
RS 40:969 makes it illegal to knowingly or intentionally possess any Schedule IV controlled substance without a valid prescription from a licensed practitioner.1Justia. Louisiana Revised Statutes Title 40 RS 40-969 – Prohibited Acts Schedule IV Penalties Common Schedule IV drugs include benzodiazepines like alprazolam (Xanax), diazepam (Valium), and lorazepam (Ativan), along with sleep medications like zolpidem (Ambien). A legitimate current prescription in your own name is a complete defense. Problems arise when the prescription is expired, when the pills belong to someone else, or when there is no prescription at all.
You do not have to be holding the drugs to be charged. Louisiana recognizes constructive possession, which means the state can prosecute if you knew the drugs were present and had the ability to control them. Pills in a glove box, in a shared apartment, or in a bag you were carrying can all support a charge. The prosecution needs to show both awareness and control; simply being near a controlled substance is not enough.
First Offense Penalties
For most Schedule IV substances, a first conviction for simple possession carries not less than one year and not more than five years in prison, with or without hard labor, plus a possible fine of up to $5,000.1Justia. Louisiana Revised Statutes Title 40 RS 40-969 – Prohibited Acts Schedule IV Penalties The one-year minimum is mandatory under the statute. The court has discretion on whether to impose hard labor and where within the one-to-five-year window to sentence, but it cannot go below one year without an alternative sentencing pathway like drug court.
The Flunitrazepam Exception
Flunitrazepam, commonly known as Rohypnol, is the one Schedule IV substance Louisiana punishes more severely. Possessing it without a prescription carries one to ten years in prison, with or without hard labor, and a fine of up to $5,000.3Louisiana State Legislature. RS 40-969 – Prohibited Acts Schedule IV Penalties The flunitrazepam distinction runs throughout the statute and grows even wider on distribution charges.
Repeat Offense Penalties
Under RS 40:982, a second or subsequent drug conviction requires the court to impose twice the prison term and allows it to impose twice the fine that would otherwise apply. For a second Schedule IV possession conviction involving a drug other than flunitrazepam, that means two to ten years in prison and a fine of up to $10,000. For flunitrazepam, the range becomes two to twenty years with a fine of up to $10,000.
The doubling rule applies to any prior conviction under the controlled dangerous substances laws, not just prior Schedule IV offenses. A previous marijuana possession conviction, for example, makes a later Schedule IV case a subsequent offense subject to doubled penalties. Anyone with any drug history faces substantially harsher treatment on a new charge.
When Possession Becomes Intent to Distribute
Simple possession and possession with intent to distribute are separate charges with very different consequences. For most Schedule IV drugs, distribution carries one to ten years at hard labor and a fine of up to $15,000. For flunitrazepam, distribution carries one to twenty years at hard labor and up to $50,000 in fines.3Louisiana State Legislature. RS 40-969 – Prohibited Acts Schedule IV Penalties
Prosecutors decide which charge to bring based on the arrest circumstances. A small quantity of pills consistent with personal use usually stays a simple possession case. Larger quantities combined with scales, baggies, large amounts of cash, or messages suggesting sales activity give prosecutors the evidence they need to argue intent to distribute. You do not have to be caught selling; circumstantial evidence is enough.
Drug Court Instead of Prison
Louisiana allows district courts to establish drug court divisions that offer a probation-based alternative to traditional sentencing.4Louisiana State Legislature. RS 13-5304 – The Drug Division Probation Program A participant enters a guilty plea with sentencing either deferred or suspended, then completes at least twelve months of supervised probation with drug testing, counseling, and regular court appearances. Treatment can run from outpatient services to long-term residential care, depending on a clinical assessment.
Not everyone qualifies. A licensed treatment professional must assess the defendant and find them suitable, and the court must find a connection between substance use and the offense.5Louisiana State Legislature. Art 904 – Mandatory Assessment Suitability of Defendant for Drug or Specialty Court Program Participants pay for their own drug testing unless the court finds them indigent. If the program is completed, the judge may vacate the conviction and dismiss the case entirely under Code of Criminal Procedure Article 893 or 894.4Louisiana State Legislature. RS 13-5304 – The Drug Division Probation Program That outcome avoids both the prison time and the felony record.
Overdose Immunity
Louisiana’s Good Samaritan law protects people who call for help during a drug overdose. Under RS 14:403.10, a person who seeks medical assistance for someone experiencing an overdose cannot be charged with possession of a controlled substance or drug paraphernalia if the evidence was obtained because they called for help.6Louisiana State Legislature. RS 14-403.10 – Drug Related Overdoses Medical Assistance Immunity From Prosecution The same protection applies to the overdose victim. The law also shields both parties from probation or parole violations and civil forfeiture tied to the incident. The immunity does not extend to unrelated criminal charges, and evidence obtained independently of the overdose call remains admissible.
Expungement After a Conviction
Louisiana law specifically allows people convicted of Schedule IV possession under RS 40:969(C) to seek expungement, through two main pathways. If the conviction was set aside and the prosecution dismissed through drug court or a deferred sentencing arrangement under Article 893(E), expungement is available immediately after that dismissal.7Louisiana State Legislature. Art 978 – Motion to Expunge Record of Arrest and Conviction of a Felony Offense
If you served a traditional sentence, you can petition for expungement after ten years have passed since completing your sentence, probation, or parole. During that ten-year period you cannot have any other criminal convictions or pending charges. The motion must include a certification from the district attorney verifying your clean record.7Louisiana State Legislature. Art 978 – Motion to Expunge Record of Arrest and Conviction of a Felony Offense Filing fees vary by parish. An expungement does not erase the conviction from every database, but it removes it from public background checks.
Collateral Consequences of a Conviction
The sentence is often not the worst part. A Schedule IV felony conviction reaches into areas of your life that have nothing to do with the courtroom.
- Healthcare workers, teachers, and other licensed professionals are typically required to report criminal convictions to their licensing boards, which can trigger disciplinary proceedings, suspension, or revocation.
- A drug conviction does not automatically bar federal employment, but federal agencies weigh criminal conduct case by case in suitability determinations.
- Louisiana law authorizes driver’s license suspension for drug convictions, and a third or subsequent conviction can result in a 180-day suspension.
- A felony conviction under Louisiana law prohibits firearm possession, so a Schedule IV conviction can cost you your gun rights.
If you are facing a Schedule IV charge, the sentence range is only one part of what is at stake. The difference between a plea to simple possession, a drug court referral, and a conviction that survives on your record will shape employment, licensing, and firearm rights for years. A defense attorney can weigh those tradeoffs against the specifics of your arrest.