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Louisiana Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

14 g or less (first offense) Not Classified 15 days $ 300
More than 14 g – less than 2.5 lbs (first offense) Not Classified 6 months $ 500
2.5 - less than 60 lbs Not Classified 2* - 10 years $ 30,000
60 - less than 2000 lbs Felony 5* - 30 years $ 100,000
2000 - less than 10,000 lbs Felony 10* - 40 years $ 400,000
10,000 lbs or more Felony 25* - 40 years $ 1,000,000
First and second offenders may be eligible for probation.
* Mandatory minimum sentence

Distribution or Cultivation of Marijuana

Any amount (first offense) Not Classified 5* - 30 years $ 50,000
Any amount (subsequent offense) Not Classified 10* - 60 years $ 100,000
To a minor (first offense) Not Classified 5* - 45 years $ 100,000
To a minor (subsequent offense) Not Classified 10* - 90 years $ 200,000
Includes possession with intent to distribute
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Miscellaneous

Possession, distribution, or cultivation of marijuana within 2000 feet of a drug free zone is punishable by 1.5 times the maximum sentence.
Conviction of any crime involving controlled substances results in denial of driving privileges for not less than 30 days but not more than 1 year.

Penalty Details

Marijuana is a schedule I(C) hallucinogenic substance under Louisiana law.

Possession for Personal Use

For first offenders, possession of 14 grams or less of marijuana is punishable by a fine of up to $300 and/or up to 15 days of imprisonment.

For first offenders, possession of more than 14 grams but less than 2 ½ pounds of marijuana is punishable by a fine of up to $500 and/or up to 6 months of imprisonment.

There is a one-time two-year cleansing period for first time convictions.

All second convictions regarding less than 2 ½ pounds are punishable by a fine of $1,000 and/or up to 6 months of imprisonment.

All third convictions regarding less than 2 ½ pounds are punishable by a fine of up to $2,500 and/or up to 2 years of imprisonment.

All fourth convictions regarding less than 2 ½ pounds are punishable by a fine of up to $5,000 and/or up to 8 years of imprisonment.

See

  • Louisiana Rev. Stat. § 40:966(E)

Possession of 2 ½ - less than 60 pounds of marijuana is punishable by 2 -10 years of imprisonment and a fine of $30,000.

Possession of 60 - less than 2,000 pounds of marijuana is a felony and is punishable by 5-30 years of imprisonment and a fine of $50,000-$100,000. Possession of 2,000 - less than 10,000 pounds is a felony and is punishable by 10-40 years of imprisonment and a fine of $100,000-$400,000. Possession of 10,000 pounds or more of marijuana is a felony and is punishable by 25-40 years of imprisonment.

See

  • Louisiana Rev. Stat. § 40:966(F)

Distribution or Cultivation of Marijuana

Distribution of marijuana includes possessing marijuana with the intent to distribute it.

See

  • Louisiana Rev. Stat. § 40:966(A)

Distribution or cultivation of marijuana is punishable by a fine of up to $50,000 and 5-30 years of imprisonment. Subsequent offenses are punishable by 10-60 years of imprisonment and a fine of up to $100,000. Prior offenses include any drug crime convictions, no matter where they occurred. If the defendant is 18 or older and is selling to a minor under the age of 18 who is at least 3 years younger than the defendant a maximum term of 45 years may be imposed for first offenders or 90 years for subsequent offenders. Distributing marijuana to an elementary, middle, or high school student is punishable by a maximum term of 45 years imprisonment for first offenders and up to 90 years imprisonment for subsequent offenses. For first offenders a fine of up to $100,000 may also be imposed. For subsequent offenders a fine of $200,000 may be imposed. Soliciting a minor to distribute marijuana is punishable for first offenders by 45 years of imprisonment and a fine of up to $100,000. For subsequent offenders imprisonment for up to 90 years and a fine of up to $200,000 may be imposed.

See

  • Louisiana Rev. Stat. § 40:966(B)(3)
  • Louisiana Rev. Stat. § 40:982
  • Louisiana Rev. Stat. § 40:981(C)
  • Louisiana Rev. Stat. § 40:981.1
  • Louisiana Rev. Stat. § 40:981.2

Hash & Concentrates

Louisiana classifies both plant-form Marijuana and Tetrahydrocannabinols, including Hashish and Marijuana Concentrates, in schedule I of the Louisiana Controlled Substances Schedule. For the purposes of criminal justice, the statute defines Marijuana as including tetrahydrocannabinols and derivatives thereof. The penalties for offenses involving tetrahydrocannabinols and derivatives thereof have the same penalties as for plant-form Marijuana.

See

  • Louisiana Rev. Stat. §40:964(C)(19), (27)
  • Louisiana Rev. Stat. §40-961(25)
  • Louisiana Rev. Stat. §40-966(E)

Miscellaneous

Violation in a Drug Free Zone

Possession, distribution, or cultivation of marijuana within 2,000 feet of a drug free zone is punishable by 1.5 times the maximum sentence allowed for the underlying offense. A drug free zone includes: Elementary schools, high schools, colleges or universities, playgrounds, drug treatment facilities, religious buildings, public housing, and child care centers.

See

  • Louisiana Rev. Stat. § 40:981.3
Driver's license privileges

Whenever any person who has attained the age of 19 is convicted of any crime, offense, violation, or infraction involving the possession, use, or abuse of one or more controlled dangerous substances, the court... shall issue an order of denial of driving privileges for not less than 30 days but not more than 1 year.

See

  • Louisiana Rev. Stat. § 32:430(2)
Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.






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