- Decriminalization
- Drugged Driving
- Expungement
- Local Decriminalization
- Mandatory Minimum Sentence
- Medical Marijuana
- Tax Stamps
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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| 14 g or less | Misdemeanor | No possibility of jail time | $ 100 |
| More than 14 g (1st offense) | Misdemeanor | 6 months | $ 500 |
| More than 14 g (2nd offense) | 6 months | $ 1,000 | |
| More than 14 g (3rd offense) | 2 years | $ 2,500 | |
| More than 14 g (4th offense) | 8 years | $ 5,000 | |
| First and second offenders may be eligible for probation. | |||
Distribution or Cultivation of Marijuana |
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| Less than 2.5 lbs (1st offense) | 1* - 10 years | $ 50,000 | |
| More than 2.5 lbs (1st offense) | 1* - 20 years | $ 50,000 | |
| Person over 25 to a minor | 10* - 30 years | ||
| To a minor at least 3 years junior | 5* - 30 years | ||
| Includes possession with intent to distribute | |||
| * Mandatory minimum sentence | |||
Hash & Concentrates |
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| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Miscellaneous |
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| 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
Possession for Personal Use
For first and subsequent offenders, possession of 14 grams or less of marijuana is a misdemeanor punishable by a fine of no more than $100 and no possibility of incarceration.
For first offenders, possession of more than 14 grams of marijuana is punishable by a fine of up to $500 and/or up to six months of imprisonment.
All second convictions regarding more than 14 grams of marijuana is punishable by a fine of $1,000 and/or up to six months of imprisonment.
All third convictions regarding more than 14 grams of marijuana is punishable by a fine of up to $2,500 and/or up to two years of imprisonment.
All fourth convictions regarding more than 14 grams of marijuana is punishable by a fine of up to $5,000 and/or up to eight years of imprisonment.
- Louisiana Rev. Stat. § 966(C)(2)(a)(i)
- Louisiana Rev. Stat. § 966(C)(2)(a)(iii)(b)
- Louisiana Rev. Stat. § 966(C)(2)(a)(iii)(d)
- Louisiana Rev. Stat. § 966(C)(2)(a)(iii)(e)(i)
- Louisiana Rev. Stat. § 966(C)(2)(a)(iii)(f)(i)
Distribution or Cultivation of Marijuana
Possession of 2.5 lbs or more is a manufacture/distribution violation.
For first offenders, distribution or cultivation of less than 2.5 pounds of marijuana is punishable by a mandatory minimum sentence of one year and up to 10 years of imprisonment and a maximum fine of $50,000. Possessing more than 2.5 pounds is punishable by a mandatory minimum sentence of one year and up to 20 years of imprisonment and a maximum fine of $50,000.
For second/subsequent offenses, the term of imprisonment and fine authorized is doubled.
Distribution of any amount of marijuana by a person over 25 years old to a minor is punishable by a mandatory minimum sentence of 10 years and up to 30 years of imprisonment. Distribution to a minor at least three years junior is punishable by a mandatory minimum sentence of five years and up to 30 years of imprisonment.
- Louisiana Rev. Stat. § 966(B)(a), (b)
- Louisiana Rev. Stat. § 982(A)
- Louisiana Rev. Stat. § 981(A), (B)
- Louisiana Rev. Stat. § 966(D)(1), (A)
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.
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.
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 one year.
More Information
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
EXPUNGEMENT
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.
LOCAL DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
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.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
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.