Louisiana Revised Statutes & Codes

La. Rev. Stat. § 40:968 (2026)

✓ current as of May 2026

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§968. Prohibited acts - Schedule III; penalties

Notes of Decisions

Cited in 114 cases (7 in the last 5 years), 1973–2025 · leading case: State v. Carter, 981 So. 2d 734 (La. Ct. App. 2008).

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State v. Carter, 981 So. 2d 734 (La. Ct. App. 2008). · cites it 5× “Error in the citation or its omission shall not be ground for dismissal of the indictment or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice. There is nothing in the record indicating that this citation error misled the…”

State v. Turner, 896 So. 2d 286 (La. Ct. App. 2005). · cites it 5× “R.S. 40:968(C), possession of alprazolam in violation of La.”

State v. McGraw, 1 So. 3d 645 (La. Ct. App. 2008). · cites it 6× “He now appeals contesting, among other issues, the validity of the search of his vehicle. He also alleges an excessive sentence.”

State v. Parker, 871 So. 2d 317 (La. 2004). “R.S. 40:968(C), and in count two with possession of a Schedule IV controlled dangerous substance (Diazepam) in violation of La.”

State v. Wientjes, 341 So. 2d 390 (La. 1976). · cites it 3× “R.S. 40:968 and La. R.S. 40:981(C). Wientjes was convicted by a twelve member jury and sentenced to serve ten years at hard labor.”

State v. MacDonald, 390 So. 2d 1276 (La. 1980). · cites it 2× “40:967; on June 13 he was charged with five counts of violating R.S. 40:968. He pleaded not guilty to the charges and filed motions to suppress the evidence and to disclose the identity of the confidential informants.”

State v. Benedict, 887 So. 2d 649 (La. Ct. App. 2004). · cites it 3× “R.S. 40:968 and 40:964 (Schedule III). However, on August 25, 2003, the State filed an amended bill containing a total of four charges: 1.”

State v. Knight, 77 So. 3d 302 (La. Ct. App. 2011). · cites it 3× “40:966 A(l), and one count of distribution of bu-prenorphine, a violation of LSA-R.S. 40:968 A(l). 1 In a separate bill of information (number 483098), the defendant was also charged with one count of possession with intent to distribute marijuana, a violation of LSA-R.”

State v. Clark, 338 So. 2d 690 (La. 1976). · cites it 2× “On November 10, 1975 defendant Randy Clark was indicted by the Caddo Parish Grand Jury for distribution of methamphetamine, a controlled dangerous substance, in violation of R.S. 40:968. He was tried before twelve jurors who, on January 15, 1976, returned a verdict of guilty as…”

State v. Console, 981 So. 2d 875 (La. Ct. App. 2008). · cites it 2× “R.S. 40:968(C). On March 7, 2007, Defendant pled guilty to the charges in docket numbers 124571, 124576, and 125998, two counts of possession of methamphetamine and/or cocaine and possession of stolen property.”

State v. Robertson, 988 So. 2d 166 (La. 2008). “40:967(B), R.S. 40:968(B) or R.S. 40:969(B), and if it is the offender’s second or subsequent offense, the court may impose in addition to any term of imprisonment and fine, twice the special parole term otherwise authorized.”

State v. Stephens, 114 So. 3d 1265 (La. Ct. App. 2013). · cites it 3× “R.S. 40:968(C). He pled guilty to being a fifth felony habitual offender and was sentenced on each count to concurrent sentences of 50 years at hard labor without benefit of probation or suspension of sentence.”

Show all 114 citing cases →

— La. Rev. Stat. § 40:968(0) — 1 case

State v. Edwards, 657 So. 2d 997 (La. 1995).

— La. Rev. Stat. § 40:968(A) — 12 cases

State v. Carter, 981 So. 2d 734 (La. Ct. App. 2008). “Error in the citation or its omission shall not be ground for dismissal of the indictment or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice. There is nothing in the record indicating that this citation error misled the…”

State v. Palmer, 14 So. 3d 304 (La. 2009).

State v. Gomez, 802 So. 2d 914 (La. Ct. App. 2001).

State v. Davis, 278 So. 2d 130 (La. 1973).

State v. Lewis, 332 So. 2d 223 (La. 1976).

— La. Rev. Stat. § 40:968(A)(1) — 12 cases

State v. Lumpkin, 813 So. 2d 640 (La. Ct. App. 2002).

State v. Watkins, 700 So. 2d 1172 (La. Ct. App. 1997).

State v. Langlinais, 27 So. 3d 1011 (La. Ct. App. 2009).

State v. Keene, 230 So. 3d 1012 (La. Ct. App. 2017).

— La. Rev. Stat. § 40:968(B) — 19 cases

State v. Sarrio, 803 So. 2d 212 (La. Ct. App. 2001).

State v. Ruiz, 931 So. 2d 472 (La. Ct. App. 2006).

State v. Skipper, 906 So. 2d 399 (La. 2005).

State v. Wells, 815 So. 2d 1063 (La. Ct. App. 2002).

— La. Rev. Stat. § 40:968(C) — 34 cases

State v. Turner, 896 So. 2d 286 (La. Ct. App. 2005). “R.S. 40:968(C), possession of alprazolam in violation of La.”

State v. Parker, 871 So. 2d 317 (La. 2004). “R.S. 40:968(C), and in count two with possession of a Schedule IV controlled dangerous substance (Diazepam) in violation of La.”

State v. Console, 981 So. 2d 875 (La. Ct. App. 2008). “R.S. 40:968(C). On March 7, 2007, Defendant pled guilty to the charges in docket numbers 124571, 124576, and 125998, two counts of possession of methamphetamine and/or cocaine and possession of stolen property.”

State v. Stephens, 114 So. 3d 1265 (La. Ct. App. 2013). “R.S. 40:968(C). He pled guilty to being a fifth felony habitual offender and was sentenced on each count to concurrent sentences of 50 years at hard labor without benefit of probation or suspension of sentence.”

State v. Benedict, 887 So. 2d 649 (La. Ct. App. 2004). “R.S. 40:968 and 40:964 (Schedule III). However, on August 25, 2003, the State filed an amended bill containing a total of four charges: 1.”

— La. Rev. Stat. § 40:968(C)(2) — 1 case

State v. Wright, 598 So. 2d 1267 (La. Ct. App. 1992).

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