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NEW ORLEANS, LAÂ â A strange legal conundrum is ongoing in New Orleans, regarding suspects accused of being in possession small amounts of narcotics.
Essentially, suspects allegedly in possession of a small amounts of drugs can expect to be arrested and go to jail â but only for a brief period.
Thatâs because while the police superintendent will continue instructing his officers to enact arrests for minor drug possession, the newly elected District Attorney has already confirmed that heâs going to refuse a majority of low level drug possession cases.
New Orleans DA Jason Williams has said he'll refuse most low-level drug possession charges, but the NOPD says it will "continue to make arrests as necessary."
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Itâs already common knowledge in the New Orleans area that the Orleans Parish District Attorney Jason Williams has confirmed that his office, under his direction, has no intention to pursue a majority of petty drug offenses in the realm of possession charges.
However, drug possession is still illegal in that neck of the woods, which is why New Orleans Police Superintendent Sean Ferguson says the NOPD will continue to arrest alleged offenders accused of such:
âI do not have the authority to run the District Attorneyâs Office. I run the New Orleans Police Department.â
âWe will continue to make arrests, but decisions that are made after those arrests are made, it is up to their due process that each individual is entitled to. We as a department will continue to make arrests as necessary.â
This means that many individuals arrested for narcotics possession will suffer the inconvenience of being arrested, but realistically wonât have to endure any potentially serious consequences.
Under a new policy set forth by District Attorney Williams, prosecutors within his office have been instructed to refuse all low level drug possession charges that can be construed as intended for oneâs personal use.
The only exception of this personal use instruction by the DA is for alleged offenders that were found in possession of fentanyl or heroin of any amount. This means that cases involving small amounts of cocaine, marijuana, methamphetamine, and various pills wonât get prosecuted under District Attorney Williamsâ watch.
The rationale for still prosecuting cases involving heroin and fentanyl, according to the DAâs office, is because the two drugs are both intricately linked to the increase of fatal overdoses in New Orleans.
From a national perspective, according to the National Institutes of Health, fentanyl fatal overdoses have skyrocketed in recent years â which likely has much to do with the invariably high potency of the drug.
