Baton Rogue, LA: Republican Gov. Bobby Jindal signed legislation this week significantly reducing criminal penalties for marijuana possession offenses.
House Bill 149, which took effect upon signing, amends sentencing guidelines for repeat offenders. Under the previous law, second-time marijuana possession offenders faced up to five years of hard labor in prison. Third-time offenders faced up to 20 years hard labor in prison.
Under the revised law, two-time marijuana possession offenders face a maximum sentence of six-months in prison. Three-time offenders face a maximum sentence of two-years in prison. Those convicted of marijuana possession for a fourth time face up to eight years in prison.
The new law also reduces criminal penalties for first-time offenses involving the possession of up to 14 grams of cannabis from six months in jail to no more than 15 days. It also allows offenders to apply to have their record expunged if they are not convicted of a marijuana violation within two years of the first offense.
Governor Jindal also signed separate legislation, SB 143, amending the state’s dormant Therapeutic Research Act. Specifically, the measure asks the state to adopt rules and regulations "relating to the dispensing of prescribed marijuana for therapeutic use" for patients with glaucoma, spastic quadriplegia, or who are undergoing cancer chemotherapy. However, because this language directly conflicts with federal regulations prohibiting doctors from ‘prescribing’ schedule I controlled substances, it remains to be seen whether any licensed Louisiana physicians will agree to participate in the state’s proposed program.
For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500 or Paul Armentano, NORML Deputy Director, at: paul@norml.org.