Penalties
Production or manufacturing of cocaine or cocaine base
or a mixture or substance containing cocaine or its analogues as provided in
Schedule II(A)(4) of R.S. 40:964 shall be sentenced to imprisonment at hard
labor for not less than ten nor more than thirty years, at least ten years of
which shall be served without benefit of parole, probation, or suspension of
sentence, and may be fined not more than five hundred thousand dollars.
Distribution, dispensing, or possession with intent to produce,
manufacture, distribute, or dispense cocaine or cocaine base or a mixture or
substance containing cocaine or its analogues as provided in Schedule II(A)(4)
of R.S. 40:964 shall be sentenced to a term of imprisonment at hard labor for
not less than two years nor more than thirty years, with the first two years of
said sentence being without benefit of parole, probation, or suspension of
sentence; and may, in addition, be sentenced to pay a fine of not more than
fifty thousand dollars.
Possession. It is unlawful for any person knowingly or
intentionally to possess a controlled dangerous substance as classified in
Schedule II unless such substance was obtained directly or pursuant to a valid
prescription or order from a practitioner, as provided in R.S. 40:978 while
acting in the course of his professional practice, or except as otherwise
authorized by this Part. Any person who violates this Subsection shall be
imprisoned with or without hard labor for not more than five years and, in
addition, may be sentenced to pay a fine of not more than five thousand dollars.
Any person who knowingly or intentionally possesses twenty-eight grams or more,
but less than two hundred grams, of cocaine or of a mixture or substance
containing a detectable amount of cocaine or of its analogues as provided in
Schedule II(A)(4) of R.S. 40:964, shall be sentenced to serve a term of
imprisonment at hard labor of not less than five years, nor more than thirty
years, and to pay a fine of not less than fifty thousand dollars, nor more than
one hundred fifty thousand dollars.
Any person who knowingly or intentionally possesses two hundred grams or more,
but less than four hundred grams, of cocaine or of a mixture or substance
containing a detectable amount of cocaine or of its analogues as provided in
Schedule II(A)(4) of R.S. 40:964, shall be sentenced to serve a term of
imprisonment at hard labor of not less than ten years, nor more than thirty
years, and to pay a fine of not less than one hundred thousand dollars, nor more
than three hundred fifty thousand dollars.
Any person who knowingly or intentionally possesses four hundred grams or more
of cocaine or of a mixture or substance containing a detectable amount of
cocaine or of its analogues as provided in Schedule II(A)(4) of R.S. 40:964,
shall be sentenced to serve a term of imprisonment at hard labor of not less
than fifteen years, nor more than thirty years and to pay a fine of not less
than two hundred fifty thousand dollars, nor more than six hundred thousand
dollars.
Cocaine and crack cocaine
Cocaine
stimulates the central nervous system. Its immediate effects include dilated
pupils and elevated blood pressure, heart rate, respiratory rate, and body
temperature. Occasional use can cause a stuffy or runny nose, while chronic use
can ulcerate the mucous membrane of the nose. Injecting cocaine with
contaminated equipment can cause AIDS, hepatitis, and other diseases.
Preparation of freebase, which involves the use of volatile solvents, can result
in death or injury from fire or explosion.
Crack or freebase rock is extremely addictive,
and its effects are felt within 10 seconds. The physical effects include dilated
pupils, increased pulse rate, elevated blood pressure, insomnia, loss of
appetite, tactile hallucinations, paranoia, and seizure. The use of cocaine can
cause death by cardiac arrest or respiratory failure.
| Type |
Slang Terms |
What does it look like? |
How is it used? |
| Cocaine |
Bump, Coke,
Snow, Toot,
Flake "C,"
Candy |
White crystalline powder,
often mixed with corn starch,
powdered milk, local anesthetics, sugars, flour |
Snorted,
smoked, oral, injected |
| Crack |
Freebase Rocks, Rocks, Crack |
White to light brown or beige
slivers or crystalline rocks resembling shavings of soap, often packaged in
small vials, aluminum-foil or folding papers |
|
Penalties for dealing cocaine can be
enhanced depending on where you are standing
In the prosecution of defendant for distribution of
cocaine within 1000 feet of school property in violation of La. Rev.
Stat. Ann. §§ 40:967(A)(1) and 40:981.3, defendant was properly sentenced to
15 years at hard labor, without benefit of parole, probation or suspension
of sentence under La. Rev. Stat. Ann. §§ 14:3, 40:967(A)(1), (B)(1),
40:981.3. State v. Hensley, 606 So. 2d 13, 1992 La. App. LEXIS 2741 (La.App.
5 Cir. 1992). |