La. Stat. Ann. § 40:966

Section 40:966(C)(2) permits up to ten years of imprisonment at hard labor and a fine of up to $5,000 for possession of phencyclidine.

State v. Abbott · filed 1986-05-28(C)(2)

Possession of phencyclidine is punishable by imprisonment at hard labor for not more than ten years and a possible fine of not more than five thousand dollars. La.R.S. 40:966(C)(2). Herein, defendant was sentenced to a term of three years imprisonment at hard labor, a sentence at the lower end of the sentencing range; and no fine was imposed.

A twenty-year sentence for a violation of Section 40:966 exceeds the maximum for the basic crime when the sentencing record does not show multiple-offender sentencing.

State ex rel. Stewart v. State · filed 1987-03-20

The twenty-year sentence for violation of La.R.S. 40:966 is facially illegal in excess of the maximum sentence for the basic crime, because the minute entry and commitment papers do not show that relator was sentenced as a multiple offender.

Section 40:966(A)(1) requires knowing or intentional possession of a Schedule I controlled dangerous substance with intent to distribute.

State v. Moya · filed 1989-02-08(A)(1)

The essential elements of the crime of possession with intent to distribute, under La.R.S. 40:966(A)(1), are that a person 1) knowingly or intentionally possess; 2) with intent to distribute; 3) a controlled dangerous substance classified in Schedule I.

A sentence for violating Section 40:966(A) must fall within the penalty range prescribed by the legislature.

State v. Tabor · filed 1991-05-02(A)

At the defendant’s specific request, we vacate the sentence imposed by the trial court and remand for resentencing within the penalty range prescribed by the legislature for violation of La.R.S. 40:966(A), as amended, Acts 1987, No. 850.

Section 40:966(A)(1) prohibits distributing marijuana and requires only general criminal intent.

State v. Mitchell · filed 1991-05-22(A)(1)

The defendant, Terry Mitchell, was convicted by a twelve-person jury of two counts of distribution of marijuana, a violation of La. R.S. 40:966(A)(1). ... The State must prove beyond a reasonable doubt that defendant distributed a controlled dangerous substance, marijuana. Distribution of controlled dangerous substances requires only general criminal intent.

Section 40:966 requires imprisonment at hard labor for possession of marijuana with intent to distribute.

State v. Hunt · filed 1990-02-21

The possession of ethchlorvynol (La. R.S. 40:964 and 40:969) is a relative felony, requiring trial by a jury of six members; and possession of marijuana with intent to distribute (La.R.S. 40:964 and 40:966) requires imprisonment at hard labor and, thus, must be tried before a jury of twelve members.

For marijuana distribution before September 1, 1987, § 40:966(B)(2) set a maximum of ten years at hard labor and a $15,000 fine.

State v. Baird · filed 1991-12-04(B)(2)

Prior to September 1, 1987, La.R.S. 40:966 B(2) set the maximum sentence for distributing marijuana at 10 years at hard labor and a fine of $15,000. ... We would finally note that the instant sentence, though imposing the maximum prison time, does not impose any fine and thus need not be considered “virtually” the maximum sentence allowable.

Section 40:966(B)(2) cannot be used to sentence a defendant convicted of distribution in a school zone; the sentencing range in Section 40:981.3 applies.

State v. Wright · filed 1995-11-08(B)(2)

Therefore, we find that the trial court did not have the discretion to impose a sentence pursuant to La.R.S. 40:966 and it should have imposed a sentence within the range provided by La.R.S. 40:981.3.

Section 40:966(B)(2) requires five to thirty years of imprisonment at hard labor for producing marijuana and permits a fine of up to $50,000.

State v. Taylor · filed 1998-05-13(B)(2)

Under La. R.S. 40:966 B(2), production of marijuana carries a term of imprisonment at hard labor for not less than five years nor more than 30 years and a fine of not more than $50,000.

A second-offense marijuana possession charge under § 40:966(D)(2) requires a prior conviction for possession of marijuana, tetrahydrocannabinol or its chemical derivatives.

State v. Tauzin · filed 1998-10-07(D)(2)

Under that provision, the defendant must have a prior conviction for possession of marijuana, tetrahydrocannabinol or chemical derivatives thereof. The defendant was not charged with such a prior conviction nor does the P.S.I. show that she has such a prior conviction. Thus, she could not legally plead guilty to such a charge.

At the time of the offense, § 40:966(B)(1) did not prohibit sentencing benefits for offenders sentenced to life imprisonment.

State v. Perique · filed 1998-11-04(B)(1)

At the time of this offense, La. R.S. 40:966(B)(1) did not prohibit benefits for offenders sentenced to life laimprisonment.

Section 40:966(B)(2) sets a five-to-thirty-year hard labor range and a maximum $50,000 fine for distributing marijuana.

State v. Butler · filed 1999-02-03(B)(2)

As recounted earlier, Defendant was indicted on two counts of distribution of marijuana, in violation of La.R.S. 40:966(A)(1), which provides for a term of imprisonment at hard labor for not less than five years nor more than thirty years and a fine of not more than fifty thousand dollars. La.R.S. 40:966(B)(2). ... Facts present within the record indicate there was no sentencing agreement and that the sentences of ten years were within the allowable statutory range.

A defendant may be convicted of distributing marijuana when he knowingly arranges and attends a sale, even if another person hands over the marijuana.

State v. Scott · filed 1999-02-24

The state proved beyond a reasonable doubt that the defendant was guilty of distributing marijuana on March 27, 1996 and on April 3, 1996. Taylor testified that on March 27, the defendant handed the marijuana to him in exchange for money. Taylor said that on April 3, Shawn Scott handed him the marijuana. While the defendant did not hand the drugs to the officer, the defendant told Taylor to go to the location, and the defendant was on the scene when the transaction occurred. The circumstances surrounding the sales indicate that the defendant knew he was distributing a controlled dangerous substance.

Section 40:966 sets a five-year minimum prison sentence for distribution of marijuana.

State v. Garner · filed 1999-06-02

Defendant-Appellant, Winfred Wayne Garner, pled guilty to distribution of marijuana, a violation of La.R.S. 40:966, on June 14, 1996. The trial judge sentenced the Defendant on December 20, 1996, to five years imprisonment at hard labor. ... The Defendant received the statutory minimum possible sentence that could have been imposed for the conviction.

Section 40:966(A) prohibits distributing Schedule I controlled substances; physically transferring marijuana can establish distribution.

State v. Long · filed 1999-08-25(A)

La. R.S. 40:966(A) makes it unlawful for any person to distribute a Schedule I controlled dangerous substance. ... Viewing all of the evidence in a light most favorable to the prosecution, any rational trier of fact could have found beyond a reasonable doubt that defendant distributed-delivered by physically transferring possession-marijuana to Det. Duplantier.

Section 40:966(B)(2) sets a sentence of five to 30 years at hard labor and a fine of up to $50,000 for distribution of marijuana.

State v. Carter · filed 1999-10-27(B)(2)

La. R.S. 40:966(B)(2) provides that persons convicted of the crime of distribution of marijuana shall be sentenced at hard labor for not less than five nor more than 30 years and shall pay a fine of up to $50,000.

Section 40:966(B)(2) sets a sentence of five to 30 years at hard labor and a fine of up to $50,000 for possession of marijuana with intent to distribute.

State v. Thomas · filed 1999-10-27(B)(2)

The statutory range of punishment for possession of marijuana with intent to distribute is a term of imprisonment at hard labor for not less than five years nor more than 30 years and a payment of a fine of ... not more than $50,000.00. La. R.S. 40:966(B)(2). ... Based on the reasons of the trial court and defendant’s criminal history, this court can not say that defendant’s mid-range sentence here is constitutionally excessive or an abuse of the trial court’s wide discretion.

Section 40:966(C)'s restriction on probation does not prevent an eligible offender from receiving deferred sentencing and drug court probation under Section 13:5304.

State v. Taylor · filed 1999-06-23(C)

Thus, the wording of the drug court statute indicates that the legislature intended for the drug court statute to override the penalty provisions of the underlying offense statute which in this case is La. R.S. 40:966(C).

Section 40:966(B)(2) allows a fine of up to $50,000 but sets no minimum, so the trial court may impose no fine.

State v. Course · filed 2002-01-30(B)(2)

Although a maximum fine is provided, the minimum fine is not delegated by the statute, La. R.S. 40:966(B)(2). The trial court has discretion to impose a fine with no minimum up to $50,000. Where there is no minimum fine provided by the statute, the trial court did not abuse its discretion in omitting the fine, and no error patent exists.

Under former § 40:966(D), a prior conviction for distribution of marijuana cannot enhance a possession of marijuana charge to a second offense.

State v. Anders · filed 2002-06-21(D)(2), (D)(4)

For the foregoing reasons, we find that the State erred by using the respective defendants' previous conviction for distribution of marijuana as the predicate offense to enhance their present charge to possession of marijuana, second offense.

The version of § 40:966(A) in effect when the marijuana cultivation occurred required a minimum sentence of five years at hard labor without probation, parole, or suspension of sentence.

State v. Day · filed 2003-02-05(A)

Defendant was convicted of cultivation of marijuana in violation of La.R.S. 40:966(A), which carries a term of imprisonment at hard labor for not less than five years nor more than thirty years, and a fine of not more than fifty thousand dollars. As we have noted, he was sentenced to the minimum allowed under the statute in effect at the time of the offense, which was five years at hard labor without benefit of probation, parole, or suspension of sentence.

Section 40:966, read with section 40:981.3, requires a sentence for heroin distribution near a schoolyard to be served without parole and to include a $50,000 fine.

State v. Hall · filed 2003-03-19

However, La. R.S. 40:966 and La. R.S. 40:981.3 also provide that the sentence is to be served without the benefit of parole, and requires the imposition of a fine of $50,000.

Before the June 15, 2001 amendment, § 40:966(B)(2) did not require the first five years of a marijuana possession-with-intent sentence to be served without benefit.

State v. Willis · filed 2003-04-09(B)(2)

At the time the offense was committed, May 7, 2001, La.R.S. 40:966(B)(2) did not require that the first five years be served without benefit.

Section 40:966(B)(2) supplies the penalty for possession with intent to distribute marijuana used to calculate a second felony offender's mandatory minimum sentence.

State v. Triche · filed 2003-12-30(B)(2)

Defendant's current sentence is the mandatory minimum sentence set forth in the statute that was in effect at the time defendant committed the underlying offense. [4] La. R.S. 40:966(B)(2); La. R.S. 15:529.1(A)(1)(a).

Section 40:966(B)(2) sets a five-to-thirty-year prison term for distributing MDMA, but its five-year minimum does not apply to attempted distribution.

State of Louisiana v. Phayarath · filed 2004-02-04(B)(2)

La.R.S. 40:966(B)(2) lists the penalty for distribution of MDMA as imprisonment at hard labor for not less than five years nor more than thirty years, at least five of which shall be served without benefit of parole, probation, or suspension of sentence, and a fine of not more than fifty thousand dollars. ... In searching the record for justification of a five-year term of incarceration for this first-time offender, we glean from the sentencing judge’s comments that he imposed the minimum sentence for distribution rather than for attempt, which has no minimum term of incarceration. See Callahan, 671 So.2d 903. We find this to be in error.

Section 40:966 permits a sentence of five to 30 years at hard labor for possession of marijuana with intent to distribute; a 10-year sentence falls within that range.

State v. Stockman · filed 2004-04-07

The defendant, Carlton Stockman, was initially charged with one count each of possession of marijuana with intent to distribute and conspiracy to distribute marijuana, the former being a violation of La. R.S. 40:966 punishable by imprisonment at hard labor for not less than five nor more than 30 years plus a fine of not more than $50,000. ... The sentence imposed is lawful, being within the lower third of the sentencing range available to the court.

Section 40:966(B)(2) requires a fine of not more than $50,000 for possession of marijuana with intent to distribute; omitting it makes the sentence illegally lenient.

State v. Sarrio · filed 2004-05-26(B)(2)

While we note that defendant's sentences for the two marijuana convictions are illegally lenient because the trial court did not impose the mandatory fine of "not more than fifty thousand dollars" prescribed in La. R.S. 40:966(B)(2), we also note that the State did not raise this issue in the district court or on appeal.

Section 40:966(C)(2) sets a maximum prison term of twenty years for possession of phencyclidine.

State of Louisiana v. Trahan · filed 2004-11-10(C)(2)

The count of possession of phencyclidine carries a penalty of up to twenty years in prison. La.R.S. 40:966(C)(2).

Section 40:966(B)(3) supplies the penalty used to calculate the enhanced sentence for possession with intent to distribute marijuana near a school.

State v. Price · filed 2006-01-25(B)(3)

La. R.S. 40:981.3 mandates the imposition of the maximum fine and imprisonment for not more than one and one-half times the longest term of imprisonment authorized by the applicable provision of La. R.S. 40:966 through 970 which the defendant violated. Thus, this sentencing provision, in conjunction with the provisions of La. R.S. 40:966 B(3), exposed the defendant to a mandatory fine of $50,000 and imprisonment of not more than 45 years.

Section 40:966(B) limits imprisonment to fifty years after the 2001 amendment, reduced from a previous maximum of life imprisonment.

State v. Robert · filed 2006-05-31(B)

Here, the defendant was sentenced for a violation of La.R.S. 40: 966(A). Prior to the enactment of this. Act the maximum term of imprisonment under B was life imprisonment. After the enactment of the Act the term was limited to not more than fifty year; a considerable downward sentencing.

Section 40:966(B)(3) sets no minimum fine for possession with intent to distribute marijuana, so omission of a fine did not warrant recognition as an error patent.

State of Louisiana v. Eugene Dunn, Jr. · filed 2006-11-02(B)(3)

That penalty provision mandates that the offender be fined not more than $50,000.00 and be imprisoned for five to thirty years. La.R.S. 40:966(B)(3). Because no minimum amount is set for the fine, we find it questionable as to whether the failure to impose a fine renders the sentence illegally lenient. ... Considering the above, we decline to recognize an error patent in the present case.

Section 40:966(B)(2) requires at least five years of imprisonment without parole, probation, or suspension for a covered Schedule I offense.

State v. Adams · filed 2007-11-27(B)(2)

The penalty for violating this Subsection, as applicable in this case, provides: (2) Except as otherwise provided in Paragraph (3) of this Subsection, any other controlled dangerous substance classified in Schedule I, shall upon conviction be sentenced to a term of imprisonment at hard labor for not less than five years nor more than thirty years, at least five years of which shall be served without benefit of parole, probation, or suspension of sentence, and pay a fine of not more than fifty thousand dollars. La. R.S. 40:966(B)(2). Defendant was sentenced to eight years at hard labor, and his sentence was suspended, without consideration, as requested by defense counsel, of a downward departure, under State v. Dorthey, 623 So.2d 1276 (La.1993), from the statutorily provided sentence. As imposed, the sentence is illegally lenient and must be vacated.

Section 40:966(B)(2) and (3) require a fine of no more than $50,000 in addition to imprisonment; omitting the fine makes the sentence illegally lenient.

State v. Taylor · filed 2008-04-29(B)(2), (B)(3)

Both LSA-R.S. 40:966(B)(2) and (3) require that, in addition to a term of imprisonment, the trial court impose "a fine of not more than fifty thousand dollars." In the present case, the trial court did not impose a fine for the defendant's convictions for either the violation of LSA-R.S. 40:966(B)(2) or LSA-R.S. 40:966(B)(3). Thus, the defendant's sentence is illegally lenient.

Section 40:966(B)(2) requires at least five years of a sentence for distributing MDMA to be served without parole, probation, or suspension of sentence.

State v. Ruiz · filed 2008-06-06(B)(2)

On the other hand, the sentence for the conviction of distribution of MDMA is illegally lenient, as La. R.S. 40:966(B)(2) requires that a minimum of five years of the sentence be served without benefit of parole, probation, or suspension sentence.

Section 40:966(B)(3) sets a sentence of five to thirty years at hard labor and a fine of up to $50,000 for distribution of marijuana.

State of Louisiana v. Zeno · filed 2008-12-10(B)(3)

The Defendant pled guilty to one count of distribution of marijuana. The sentencing range for that offense is imprisonment at hard labor for not less than five nor more than thirty years and a fine of not more than fifty thousand dollars. La.R.S. 40:966(B)(3).

Section 40:966(B)(3) sets a five-to-thirty-year prison term and a maximum $50,000 fine for distributing marijuana.

State v. Schaller · filed 2009-05-26(B)(3)

The penalty range for distribution of marijuana under La. R.S. 40:966 B(3) was imprisonment for not less than five nor more than thirty years and a fine of not more than $50,000.

Section 40:966(B)(3) requires a fine of up to $50,000 for possession with intent to distribute marijuana and does not restrict parole, probation, or suspension of sentence.

State v. Jackson · filed 2009-04-29(B)(3)

At the time of defendant’s conviction, under La. R.S. 40:966 B(3), the term of imprisonment for a conviction for possession with intent to distribute marijuana carried no restrictions as to parole, probation or suspension of sentence, but did provide for a mandatory fine of not more than $50,000.00.

Section 40:966 permits a twenty-year sentence for possession of marijuana with intent to distribute.

State of Louisiana v. K. J. C. · filed 2010-03-10

The Defendant’s sentence for forcible rape, thirty-two years, was on the upper end of the sentencing range; his sentence for aggravated incest, twenty years, was the maximum possible sentence; and his sentence for possession with intent to distribute marijuana, twenty years, was a mid-range sentence.

Section 40:966(B)(2) sets a five-to-30-year prison term for distributing MDMA, with at least five years without parole, probation, or suspension of sentence, and permits a fine up to $50,000.

State v. Shaw · filed 2009-06-24(B)(2)

Distribution of MDMA carries a sentencing range of imprisonment at hard labor for not less than five years nor more than 30 years, at least five years of which shall be served without benefit of parole, probation, or suspension of sentence, and a fine of not more than $50,000. La. R.S. 40:966(B)(2).

Section 40:966(B)(2) requires five to 30 years at hard labor for possession with intent to distribute MDMA, with at least five years served without parole, probation, or suspension of sentence.

State v. Smith · filed 2009-08-25(B)(2)

In pertinent part, La.R.S. 40:966(B)(2) mandates imprisonment at hard labor for not less than five nor more than 30 years, at least five of which shall be served without benefit of parole, probation, or suspension of sentence.

Section 40:966(A)(2) requires knowing possession of marijuana with specific intent to distribute it.

State ex rel. J.L. · filed 2009-10-14(A)(2)

The crime of possession with intent to distribute marijuana requires proof that the defendant knowingly and intentionally possessed the drug and that he did so with the specific intent to distribute it. La. R.S. 40:966(A).

Section 40:966(B)(2) sets a sentence of five to thirty years at hard labor for possession of ecstasy with intent to distribute, with at least five years served without parole, probation, or suspension of sentence.

State of Louisiana v. Ceaser · filed 2009-11-04(B)(2)

Under La.R.S. 40:966(B)(2), the sentencing range for possession with intent to distribute ecstasy is “a term of imprisonment at hard labor for not less than five years nor more than thirty years, at least five years of which shall be served without benefit of parole, probation, or suspension of sentence. . . .” Thus, the Defendant’s eighteen-year sentence at hard labor with the first five years thereof to be served without benefits for this offense also falls within the statutory sentencing range.

Section 40:966(B)(3) sets a sentence of five to thirty years at hard labor and a fine of up to $50,000 for possession with intent to distribute marijuana.

State v. Wilson · filed 2009-12-29(B)(3)

The sentencing range on the possession with intent to distribute marijuana conviction is five to thirty years at hard labor, and a fine of not more than fifty thousand dollars.

Section 40:966(A)(1) prohibits possession of a Schedule I drug with intent to distribute; possession may be constructive, and intent may be inferred from the surrounding circumstances.

State v. Drake · filed 2010-05-19(A)(1)

The evidence proves beyond a reasonable doubt that the defendant exercised constructive possession over the drugs found in the home. ... The amount of PCP seized, the presence of multiple packages of More cigarettes in the home near the bottles of PCP, the money seized from the defendant, and the presence of a person previously convicted of drug possession on the carport when the police arrived are circumstances which give rise to the reasonable inference that the defendant had the intent to distribute PCP.

Section 40:966(B)(3) sets a penalty of five to thirty years at hard labor and a fine of up to $50,000 for possession with intent to distribute marijuana.

State of Louisiana v. Kendrick Jerrod Smith · filed 2010-11-03(B)(3)

The penalty for said offense is imprisonment at hard labor for not less than five nor more than thirty years and a fine of not more than $50,000. La.R.S. 40:966(B)(3).

Section 40:966(B)(3) requires a fine of not more than $50,000 for possession of marijuana with intent to distribute.

State v. Holden · filed 2010-06-23(B)(3)

On error patent review, we note that although the offense of conviction, La. R.S. 40:966 B(3), carries a mandatory fíne of not more than $50,000, the district court imposed no fíne.

Section 40:966(B)(3) makes distribution of marijuana punishable by five to 30 years’ imprisonment.

State v. Winslow · filed 2010-12-15(B)(3)

Two of the prior felonies were simple burglaries, which are punishable by imprisonment for 12 years under La. R.S. 14:62, while the present offense of distribution of marijuana is punishable by imprisonment of 5 to 30 years under La. R.S. 40:966(B)(3).

Section 40:966(A)(1) prohibits knowingly or intentionally distributing marijuana, a Schedule I controlled substance.

State v. Booker · filed 2011-05-18(A)(1)

After viewing the totality of the evidence, a rational trier of fact could have concluded beyond a reasonable doubt that the evidence presented by the state was sufficient to find the defendant guilty of distribution of marijuana; thus, Booker’s. argument to the contrary is without merit.

Section 40:966(B)(1) requires at least five years without parole, probation, or suspension of sentence for a Schedule I non-narcotic drug offense, and the sentencing court must specify the period without those benefits.

State of Louisiana v. Ourso · filed 2011-06-01(B)(1)

At the time of the offense, La.R.S. 40:966(B)(1) provided that any person who violates subsection (A) with respect to a non-narcotic drug “shall upon conviction be sentenced to a term of imprisonment at hard labor for not less than five years nor more than thirty years, at least five years of which shall be served without benefit of parole, probation, or suspension of sentence, and pay a fine of not more than fifty thousand dollars.” ... While La.R.S. 15:301.1 typically obviates the need to correct the sentence, where the statute gives the trial court discretion as to the number of years imposed to be served without benefits, the reviewing court should vacate the illegally lenient sentence and remand for resentencing.

Section 40:966(B)(3) requires a fine of up to $50,000 for distribution of marijuana.

State v. Terrance · filed 2011-11-15(B)(3)

La. R.S. 40:966(B)(3) requires that a person convicted of distribution of marijuana shall pay a fine of not more than $50,000. ... Because the matter is not free from doubt and because the defendant appears to be indigent since she is being represented by the Louisiana Appellate Project, we decline to exercise our discretion to impose a fine.

Possession of heroin carries a sentence of four to ten years at hard labor.

State v. Lomax · filed 2011-11-28(C)(1)

A conviction for possession of heroin carries a sentence of imprisonment at hard labor for not less than four years and not more than ten years. La. R.S. 40:966(0(1). In this case, under the Habitual Offender Law, because the third offense is for a violation of the Uniform Controlled Dangerous Substance Law punishable by imprisonment for ten years or more, and the two underlying offenses are crimes of violence, the defendant faced a mandatory sentence of life imprisonment. La. R.S. 15:529(A)(3)(b).

Section 40:966(B)(3) supplies the penalty for marijuana distribution; an attempt permits half the prescribed penalty.

STATE OF LOUISIANA VERSUS JAMES WILLIE WHITE AKA JAMES WILLIE WHITE, JR. AKA JAMES JUNE WHITE, ETC. · filed 2012-04-04(B)(3)

As such, the Defendant could have received one half of the prescribed penalty of five to thirty years, plus a fine of up to $25,000. See La.R.S. 40:966(B)(3). The Defendant’s sentence of ten years is a midrange sentence, and the fine of $2,500 is far lower than the maximum allowed by law.

Section 40:966(A)(1) prohibits knowingly or intentionally distributing or dispensing a Schedule I controlled substance, and evidence connecting a juvenile to a marijuana sale can support an adjudication for distribution as a principal.

State ex rel. G.E. · filed 2012-05-16(A)(1)

The evidence produced at trial in the instant case was sufficient to sustain a conviction on all four charges. The juvenile was charged with distribution of marijuana and cocaine. La. R.S. 40:966(A)(1) provides that it shall be unlawful for | ¡¡any person to knowingly or intentionally distribute, or dispense, a controlled dangerous substance classified in Schedule I.

Section 40:966(B)(3) sets a five-to-thirty-year hard labor sentencing range for distribution of marijuana.

State v. Martinez · filed 2012-09-26(B)(3)

Martinez received the statutory minimum sentence of five years imprisonment at hard labor. The sentencing range under La. R.S. 40:966(B)(3) is imprisonment at hard labor of not less than five nor more than thirty years.

Section 40:966(B)(3) sets a five-to-thirty-year sentencing range for a first conviction of possession of marijuana with intent to distribute.

State of Louisiana v. Coleman · filed 2012-11-07(B)(3)

The sentencing range for a first conviction of possession of marijuana with intent to distribute is five to thirty years. La.R.S. 40:966(B)(3).

Section 40:966(B)(3) sets a penalty of five to thirty years at hard labor and a fine of up to $50,000 for producing or manufacturing marijuana.

State of Louisiana v. Jett · filed 2013-05-01(B)(3)

The penalty for production and manufacturing of marijuana is five to thirty years at hard labor and a fine of not more than $50,000. La.R.S. 40:966(B)(3).

Section 40:966(B)(3) requires a fine for possession with intent to distribute marijuana, even though it specifies only a maximum amount.

State v. Barnett · filed 2013-05-16(B)(3)

The record reveals that defendant’s sentence on his possession with intent to distribute marijuana conviction is illegally lenient because the trial court failed to impose the mandatory fíne. La. R.S. 40:966(B)(3) provides that a person convicted of this offense, “shall ... be sentenced to a term of imprisonment at hard labor for not less than five nor more than thirty years, and pay a fine of not more than fifty thousand dollars.”

Section 40:966(B)(3) makes distribution of marijuana punishable by five to thirty years at hard labor, allowing the conviction to qualify for the habitual offender sentencing provision.

State of Louisiana v. Harris · filed 2013-12-11(B)(3)

See La.R.S. 40:966(B)(3) which provides that a defendant convicted of distribution of marijuana shall “be sentenced to a term of imprisonment at hard labor for not less than five nor more than thirty years, and pay a fine of not more than fifty thousand dollars.”

Section 40:966(B)(3) sets a sentence of five to thirty years at hard labor for each marijuana distribution offense.

State v. Allen · filed 2015-02-26(B)(3)

For these offenses, Allen faced sentencing exposure of not less than 5, nor more than 30 years hard labor on each count. La. R.S. 40:966(B)(3). Thus, the imposed 10-year concurrent sentences are in the lower range of sentencing choices.

Section 40:966(B)(3) prescribes five to thirty years of imprisonment at hard labor for possession of marijuana with intent to distribute.

State v. Oliver · filed 2014-11-25(B)(3)

As to count one, defendant pled guilty to possession of marijuana with the intent to distribute. La. R.S. 40:966(B)(3) provides that the offender shall be sentenced to a term of imprisonment at hard labor for not less than five nor more than thirty years. Defendant was sentenced on count one to fifteen years in the custody of the Department of Corrections.

Section 40:966 sets a five-to-30-year prison range for possession of MDMA with intent to distribute.

State v. Dubose · filed 2013-11-20

The sentencing range for Count One is five to 30 years; for Count Two is a fine or imprisonment that does not exceed one-half of the longest term of imprisonment prescribed for the underlying offense; and for Count Three is a term of imprisonment at hard labor for no more than two years. The length of imprisonment for Dubose’s sentences were imposed within the |9statutory limitations.

Section 40:966(B)(1) prescribes a sentence of five to fifty years at hard labor, with at least five years served without probation or suspension of sentence.

State v. Ellison · filed 2015-01-25(B)(1)

However, because the State is correct in its assertion that defendant’s habitual offender sentence is illegally lenient, see La. R.S. 40:966(B)(1) (as amended by 2004 La. Acts. 345) (“shall be sentenced to imprisonment for not less than five nor more than fifty years at hard labor at least five years of which shall be served without benefit of probation, or' suspension of sentence, and may, in addition, be required to pay a fine of not more than fifty thousand dollars”); La. R.S. 15:529.1(A)(l)(c)(i) (as amended by 2005 La. Acts. 218) (“not less than the longest prescribed for a first conviction but in no event less than twenty years and not more than his natural life”), the matter is remanded to the District Court for resen-tencing.

Section 40:966(B)(1) sets a $50,000 maximum fine for distributing heroin; that amount is the required fine for a drug-free-zone violation under § 40:981.3.

State v. Robinson · filed 2015-04-15(B)(1)

La. R.S. 40:966(B)(1) provides that the maximum fine that may be imposed for distribution of heroin is also $50,000.00.

Section 40:966(B)(2) requires a sentence of five to thirty years at hard labor for possession with intent to distribute methylone, with at least five years served without parole, probation, or suspension of sentence.

State of Louisiana v. Von Ross · filed 2015-10-07(B)(2)

Louisiana Revised Statutes 40:966(B)(2) carries a penalty of not less than five nor more than thirty years at hard labor, at least five of which shall be served without benefit of parole, probation, or suspension of sentence.

Section 40:966 provides a sentence of five to thirty years at hard labor and a fine of up to $50,000 for possession with intent to distribute marijuana; the amendment to marijuana possession penalties did not change that punishment.

State of Louisiana v. Charles · filed 2016-04-06

Appellate counsel correctly notes that the recent amendment to La.R.S. 40:966 makes significant changes to the penalties for possession of marijuana but that the punishment for possession with the intent to distribute marijuana remains unchanged since the commission of the offense in this case. The sentencing range for possession with the intent to distribute marijuana is five to thirty years at hard labor and a fine of not more than $50,000.00.

At the time of Allen’s August 2003 offense, possession of marijuana with intent to distribute under Section 40:966(B)(3) carried a hard labor sentence of 5 to 30 years.

State v. Allen · filed 2016-09-28(B)(3)

A conviction for possession of marijuana with intent to distribute under La. R.S. 40:966(B)(3), at the time of Allen’s offense in August 2003, carried a hard labor sentence of 5-30 years.

Section 40:966 sets a sentencing range of five to 30 years at hard labor and a fine of $50,000 to $150,000 for possession of the specified amount of heroin.

State v. Durall · filed 2016-05-12(D)(a), (G)

Furthermore, the imposed sentence falls within the sentencing range of five years without the benefit of probation, parole or suspension of sentence to 30 years at hard labor, and a fine of no less than $50,000 to no more than $150,000, as prescribed by La. R.S. 40:966(D)(a) and (G).

Section 40:966(B)(3) requires at least five years at hard labor for a marijuana conviction.

State v. McGraw · filed 2016-08-10(B)(3)

Ultimately, the 7-year sentence was only slightly more than the mandatory 5-year minimum under La. R.S. 40:966(B)(3).

Section 40:966(B)(3) sets a prison term of five to thirty years and a fine of up to $50,000 for distributing marijuana or synthetic cannabinoids.

State v. Modica · filed 2017-02-08(B)(3)

The guilty plea form in the instant matter reflects that defendant pled guilty to La. R.S. 14:402 E(5), introducing canna-binoids in the parish prison, and therefore the applicable sentencing range is set forth in La. R.S. 40:966 B(3), which provides the penalties for distribution of marijuana: ... Defendant received a sentence of six years imprisonment, well within the statutory provisions.

Section 40:966(B)(1) gives the sentencing judge discretion to set the number of years served without parole, probation, or suspension of sentence, subject to a five-year minimum.

State v. Randolph · filed 2017-05-03(B)(1)

The use of the phrase “at least” in the statute is meant to provide the sentencing' judge with some discretion in fixing the term which must be served without the benefit of parole, probation or suspension of sentence, as long as it does not fall below the required minimum.

For the defendant’s 2016 offense, § 40:966(B)(4)(a) prescribed a sentence of ten to fifty years for possession of heroin with intent to distribute.

State of Louisiana v. Gallier · filed 2018-12-12(B)(4)(a)

At the time of the offense, La.R.S. 40:966(B)(4)(a) prescribed a sentencing range of ten to fifty years.

The 2015 version of § 40:966(F)(1) requires a mandatory fine for the specified marijuana possession offense; a defendant’s indigence does not make the fine unconstitutional as applied at sentencing.

State v. Travis · filed 2019-02-13(F)(1)

For these reasons, we hold that the trial court erred in declaring La. R.S. 40:966(F)(1) (2015) unconstitutional as applied to defendant.

The 2014 marijuana penalty provision, combined with the attempt statute, allowed up to fifteen years for attempted possession with intent to distribute marijuana.

State of Louisiana v. Breaux · filed 2019-03-07(B)(3)

The pertinent penalty provision of La.R.S. 40:966(B)(3) in 2014 stated: ... Thus, the sentencing range for attempted possession of marijuana with intent to distribute was zero to fifteen years, and the sentencing range for attempted cultivation of marijuana was zero to five years.

Section 40:966(B)(3) requires five to 40 years of imprisonment at hard labor for possession with intent to distribute heroin.

State of Louisiana Versus Dewayne A. Allen · filed 2020-04-30(B)(3)

La. R.S. 40:966(B)(3) mandates a sentence for this crime of not less than five nor more than 40 years imprisonment at hard labor.

For a heroin conviction involving any amount, Section 40:966(B)(3)(a) requires five to forty years at hard labor and permits a fine of up to $50,000.

State of Louisiana Versus Eddie J Richards · filed 2024-11-20(B)(3)(a)

Per count two, La. R.S. 40:966(B)(3)(a) states that when the narcotic is heroin, upon conviction for any amount, the offender shall be imprisoned at hard labor for not less than five years nor more than forty years and may be required to pay a fine of not more than fifty thousand dollars.

Possession of less than two grams of heroin is governed by the specific sentencing provision in subsection (C)(4)(a), rather than subsection (C)(1)(a).

State of Louisiana Versus Brett H Elmer · filed 2024-12-18(C)(4)(a)

Defendant’s reference in his brief to the sentencing provision of La. R.S. 40:966(C)(1)(a) is in error, because the more specific provision dealing with heroin applies here.

Section 40:966 provides a five-to-thirty-year imprisonment range and a fine of no more than $50,000 for marijuana cultivation.

State of Louisiana v. Insley · filed 2005-02-02

The defendant was convicted of attempted cultivation of marijuana in violation of La.R.S. 40:966, which provides for an imprisonment sentencing range of five to thirty years and a fine of not more than fifty thousand dollars.

Section 40:966, applied with § 40:982, permits a maximum sentence of one year at hard labor for the marijuana-possession offense addressed here.

State of Louisiana v. Colar · filed 2005-02-02

Defendant was ordered to serve one year at hard labor for possession of marijuana, the maximum sentence for that offense. La.R.S. 40:966 and La.R.S. 40:982. That sentence is not excessive in light of the fact that it was ordered to run concurrent to Defendant ’s sentence for possession with intent to distribute cocaine.

Section 40:966 permits a second-offense marijuana possession conviction when the defendant possessed marijuana after a prior marijuana possession conviction.

State v. Young · filed 2005-03-02

These facts, apparently accepted by the jury, are sufficient to show that Defendant constructively possessed marijuana after he had previously been convicted of possession of marijuana and is thus guilty of the charged offense, Possession of Marijuana, Second Offense.

Subsection F(1) covers possession of at least 60 but less than 2,000 pounds of marijuana and carries a maximum sentence of 30 years.

State v. Doussan · filed 2006-02-14(F)(1)

For a violation of La.R.S. 40:966 F(1) [possession of 60 lbs. to 2,000 lbs. of marijuana], the maximum sentence is 30 years.

Section 40:966(A)(1) covers constructive possession of marijuana with intent to distribute when the evidence establishes knowledge and control of the marijuana.

State of Louisiana v. Strange · filed 2006-09-27(A)(1)

Consequently, based on the totality of the evidence, particularly the defendant’s nervous behavior, the tool marks and fingerprints underneath the bumper cover, the recent purchase of the vehicle, and the amount of drugs found in the vehicle’s bumper, we find that there was sufficient evidence presented for the jury to find that the Defendant constructively possessed with an intent to distribute the marijuana concealed in the vehicle.

Section 40:966(B)(3) sets a prison term of five to 30 years at hard labor and a fine of up to $50,000 for possession of marijuana with intent to distribute.

State v. Rasco · filed 2006-12-13B(3)

The statutory range for possession of marijuana with intent to distribute is a term of imprisonment at hard labor for not less than 5 nor more than 30 years and a fíne of not more than | ¿$50,000. La. R.S. 40:966 B(3).

Section 40:966(E)(5) allows a prior conviction for possession with intent to distribute marijuana to support a second or subsequent marijuana possession charge.

State v. LONZO · filed 2007-05-29(E)(5)

In the instant case, we find that La. R.S. 40:966(E)(5) clearly and unambiguously provides that a conviction for possession with intent to distribute marijuana can be considered as a prior conviction for second or subsequent offenders.

Section 40:966(F)(1) requires proof that the defendant knowingly or intentionally possessed more than sixty but less than two thousand pounds of marijuana.

State of Louisiana v. Archie Louis Carter, Jr. · filed 2008-04-09(F)(1)

Given this charge, the State was required to prove that the Defendant knowingly or intentionally possessed marijuana in an amount greater than sixty pounds but less than two thousand pounds. ... Therefore, the Defendant never had dominion and control over the marijuana in Rapides Parish and did not have possession of the marijuana in Rapides Parish. Accordingly, the Defendant’s conviction for possession of marijuana in an amount greater than sixty pounds but less than two thousand pounds is reversed, and his sentence for this offense is vacated.

Section 40:966(B)(3) sets a penalty of five to thirty years at hard labor and a fine of up to $50,000 for possession with intent to distribute marijuana.

State v. Jackson · filed 2008-04-15(B)(3)

For Count 2, possession with intent to distribute marijuana, the defendant faced a sentencing range of 5 to 30 years at hard labor and a fine of not more than fifty thousand dollars. See La.R.S. 40:966(B)(3).

Section 40:966 allows up to 30 years at hard labor for distribution of marijuana.

State v. Franklin · filed 2008-09-17

The maximum sentences for violations of La. R.S. 40:966 and 40:967 are 30 years' imprisonment at hard labor. The concurrent sentences of 20 years at hard labor were well within the district court's discretion and do not shock the sense of justice.

Section 40:966, together with the attempt statute, sets a sentencing range of two and one-half to fifteen years at hard labor and a maximum $25,000 fine for attempted cultivation of marijuana.

State of Louisiana v. Hebert · filed 2008-11-05

Pursuant to La.R.S. 14:27 and La.R.S. 40:966, the minimum penalty for attempted cultivation of marijuana is imprisonment at hard labor for two and one-half years, while the maximum penalty is fifteen years and a fine of not more than twenty- five thousand dollars.

Section 40:966(B)(3) sets a sentence of five to 30 years at hard labor and a fine of up to $50,000 for possession of marijuana with intent to distribute.

State v. Engle · filed 2009-01-14B(3)

The penalty provision for possession of marijuana with the intent to distribute is a sentence of five to 30 years at hard labor and a fine of not more than $50,000. La. R.S. 40:966 B(3). Engle’s sentence is obviously at the statutory minimum.

A third offense marijuana possession conviction requires proof that the defendant actually or constructively possessed marijuana and had two prior marijuana possession convictions.

State v. Foster · filed 2009-01-28

First, in order to prove possession of marijuana, third offense, the state must prove that the defendant was in possession of marijuana, actual or constructive, and that the possession with which he was charged this time was the third time he would be convicted of possession of marijuana.

Section 40:966 requires proof of possession and guilty knowledge for a marijuana possession conviction.

State of Louisiana v. Joseph · filed 2009-11-04

As to Defendant’s convictions for possession of marijuana, Lortab, and methadone, the State was required to prove that he possessed marijuana, Lortab, and methadone and had guilty knowledge. ... This testimony, coupled with the evidence seized at the shop and the jury’s having listened to Defendant’s taped statements at trial, was sufficient to prove beyond a reasonable doubt to a rational jury that Defendant possessed crack cocaine, marijuana, methadone, and Lortab.

Section 40:966 permits a twenty-year sentence for possession of marijuana with intent to distribute.

State v. KJC · filed 2010-03-10

Also, on December 10, 2007, the Defendant was charged by bill of information with possession of marijuana with intent to distribute, a violation of La.R.S. 40:966(A)(1). ... Additionally, the Defendant received legal sentences in conformity with his plea agreement. The Defendant's sentence for forcible rape, thirty-two years, was on the upper end of the sentencing range; his sentence for aggravated incest, twenty years, was the maximum possible sentence; and his sentence for possession with intent to distribute marijuana, twenty years, was a mid-range sentence.

Section 40:966 requires the State to prove that the accused knowingly possessed marijuana.

State Ex Rel. Ah · filed 2011-04-20

To prove that A.H. violated La. R.S. 40:966, the State bore the burden of proving that A.H. was in possession of the marijuana and that he knowingly possessed the marijuana. ... The State sufficiently proved beyond a reasonable doubt that A.H. was knowingly in possession of marijuana.

Section 40:966(E)(2) permits sentence enhancement based on a valid adult misdemeanor conviction even if the defendant had no right to a jury trial for that offense.

State v. Odoms · filed 2011-03-16(E)(2)

Citing Apprendi and Brown, the appellant argues that any enhancement based on a misdemeanor conviction is unconstitutional. However, as set forth in Jefferson and George, the trial court did not err by denying the appellant’s motion to quash based upon this ground. This assignment of error has no merit.

Section 40:966(E)(2) permits a prior adult misdemeanor conviction to enhance the penalty for a second marijuana-possession offense even if the prior proceeding did not include a jury trial.

State v. Tolbert · filed 2011-05-18(E)(2)

Summarizing, Mr. Tolbert’s contention is that given the holdings in the Apprendi and Brown cases any enhancement based on a misdemeanor conviction is unconstitutional. Both this court and the Louisiana Supreme Court have rejected this same contention. The district court thus did not err by denying Mr. Tolbert’s motion to quash based on this contention.

Section 40:966(E)(2) provides the specific penalty provisions for a second marijuana-possession conviction.

State v. Caldwell · filed 2011-11-02(E)(2)

Although the bill of information listed La. R.S. 40:982 for authority to charge defendant with second offense possession of marijuana, La. R.S. 40:966(E)(2) contains the relevant, more specific provisions for such.

Section 40:966(B)(3) provides a prison term of five to thirty years and a fine of up to $50,000 for possession of marijuana with intent to distribute.

State of Louisiana v. Gonzales · filed 2012-04-04(B)(3)

Defendant pled guilty to one count of possession of marijuana with intent to distribute, a violation of La.R.S. 40:966, which in pertinent part provides for a range of punishment of not less than five nor more than thirty years imprisonment and a fine of not more than fifty thousand dollars. La.R.S. 40:966(B)(3). Defendant was sentenced to the minimum sentence of five years with all but two years suspended and a fine of $1,500.00, plus court costs.

Section 40:966(B)(3) permits a suspended five-year hard-labor sentence for possession of marijuana with intent to distribute.

State of Louisiana v. Benton · filed 2012-05-02(B)(3)

The Defendant pled guilty to the reduced charge of possession of marijuana with intent to distribute, and she received a legal sentence, the minimum possible sentence of five years at hard labor, suspended. La.R.S. 40:966(B)(3).

Section 40:966(E) is not facially unconstitutional as excessive punishment merely because it imposes a criminal sanction for marijuana possession.

State v. Fleming · filed 2012-05-30(E)

In the instant case the defendant prayed for the granting of his motion to quash on the ground that “any” criminal sanction for possession of marijuana was unconstitutional as excessive punishment, and thus that La. R.S. 40:966(E) was unconstitutional on its face. ... The defendant has failed to show that “any” criminal sanction for possession of marijuana — such as one day in parish prison, suspended — constitutes excessive punishment under La. Const. art. 1, § 20.

Section 40:966(F)(1) sets a prison term of five to thirty years and a fine of $50,000 to $100,000 for possessing sixty to two thousand pounds of marijuana.

State of Louisiana v. Marqule Craft · filed 2012-10-03(F)(1)

The possible sentencing exposure for possession of sixty to two thousand pounds of marijuana is five to thirty years in prison and a fine of fifty to one hundred thousand dollars. La.R.S. 40:966(F)(1).

Section 40:966(F)(1) prescribes five to thirty years at hard labor for possessing at least sixty but less than two thousand pounds of marijuana.

State v. Williams · filed 2013-04-10(F)(1)

Defendant was not prejudiced by being sentenced under La. R.S. 40:966(F)(1) because the penalty is 5 to 30 years at hard labor and, thus, less than La. R.S. 40:966(A)(1)’s penalty of 5 to 50 years at hard labor. Effectively, Defendant pled to and was convicted of a violation of La. R.S. 40:966(F)(1).

Section 40:966(C) provides a sentence of up to 10 years for possession of ecstasy.

State v. Dukes · filed 2013-08-14(C)

Pursuant to La. R.S. 40:966(C), possession of ecstasy carries a sentence up to 10 years.

Section 40:966(E)(3) permits a third offense marijuana possession charge based on two prior misdemeanor convictions. Its sentence may be enhanced under the habitual offender law using separate prior felony convictions.

State v. Lewis · filed 2012-11-30(E)(3)

A prior felony conviction for second offense possession of marijuana is not a prerequisite to a prosecution for third offense possession of marijuana, which may rest on two prior misdemeanor convictions for first offense marijuana possession. ... The habitual offender proceedings thus do not expose defendant to double enhancement of his felony recidivist status and the trial court erred in concluding otherwise.

Section 40:966 sets a five-to-30-year hard-labor sentence and a fine of no more than $50,000 for distributing marijuana.

State v. McGuire · filed 2015-09-30

Under La. R.S. 40:966, the penalty for distribution of marijuana is a minimum of five and a maximum of 30 years’ imprisonment at hard labor, and a fine of not more than $50,000.

Section 40:966(G)(1) sets a ten-year maximum prison term for possession of heroin under the 2011 law.

State ex rel. Nicholas v. State · filed 2016-04-22(G)(1)

The maximum sentence for possession of heroin is a term of imprisonment of ten years, see La. R.S. 40:966 G(1) (West 2011), as is the maximum penalty for possession of BZP.

Section 40:966(E)(1)(b) reduced possession of marijuana, second offense, to a misdemeanor, but an offense committed before the amendment remains a felony.

State v. Ross · filed 2016-12-21(E)(1)(b)

Pertinent to Mr. Ross’ case is the amendment which reduced possession of marijuana, second offense, from a felony, punishable by up to five years imprisonment, to a misdemean- or, punishable by a maximum six months imprisonment in parish jail. See La. R.S. 40:966 E(l)(b). But because the offense for possession of marijuana, second offense, occurred before this amendment became effective, it is still considered a felony.

Section 40:966 permits a two-year sentence at hard labor for a third marijuana-possession offense.

State v. LeBlanc · filed 2018-01-10

The trial court properly imposed LeBlanc's 2-year sentence for possession of marijuana, third offense, at hard labor.

Section 40:966(C)(1)'s prohibition on probation or suspension of sentence governed heroin possession committed before the 2001 amendment removed that prohibition.

State v. Legendre · filed 2001-10-03(C)(1)

At the time of the commission of the offense the statute provided a penalty of "imprisonment at hard labor for not less than four years nor more than ten years without benefit of probation or suspension of sentence." La. R.S. 40:966(C)(1). ... It is well settled that the penalty provision in the statute in effect at the time of the commission of the offense governs. ... No other reasons were given by the trial court for a downward departure from the mandatory minimum sentence provided by the statute. Thus the sentence is illegal and must be vacated.

The 2001 amendment allowing suspended sentences for possession of a Schedule I narcotic applies only to offenses committed on or after its effective date, June 15, 2001.

State v. Sugasti · filed 2002-06-21(C)(1)

Policy reasons mitigate against holding that the amendment to LSA-R.S. 40:966(C) applies to anyone sentenced after June 15, 2001, regardless of when the offense was committed. ... As such, those who engage in criminal activity must face the consequences of their actions, including the penalty provisions that apply as of the date of the offense.

For heroin possession committed before the 2001 amendment, the penalty then in effect under § 40:966(C)(1) bars probation or suspension of sentence, even when sentencing occurs after the amendment.

State v. Serpas · filed 2001-10-03(C)(1)

The defendant, Sherry Serpas, was charged with violating La. R.S. 40:966(A), possession of heroin, on 31 May 2001, which provided for a sentence of "imprisonment at hard labor for not less than four years nor more than ten years without benefit of probation or suspension of sentence." La. R.S. 40:966(C)(1). ... It is well settled that the penalty set out in a statute at the time of offense applies. ... Therefore, the sentence is illegal and must be vacated.