Louisiana

Mandatory Minimum Sentence
Tax Stamps
Medical Marijuana
Drugged Driving
Summary of Louisiana
Year Law Last Passed 2016
How Law Was Passed Senate Bill 271 (62-32 H; 22-14 S)
Possession Limit One-month supply, amount to be determined

Laws, Limits and 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.

Details

Local Decriminalization

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

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.

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. For more information see: Medical Use.

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.