Fact Checked by Doctor NameMarijuana laws in Louisiana have undergone incremental changes in recent years, though full legalization has not yet occurred.
This article provides an overview of the historical context, current status, key provisions, and social impacts of cannabis policies in the Pelican State.
Introduction to Louisiana Marijuanas Law
Table of Contents
Louisiana has historically taken a strict prohibitionist stance toward marijuana.
Since 1927, when the Uniform Narcotic Drug Act was established in Louisiana, having cannabis has been against the law.
The state resisted the movement towards legalizing medicinal marijuana and decriminalizing marijuana use that swept the United States from the 1970s through the 2000s.
However, evolving public attitudes and pressure from advocates have led to a softening approach.
While marijuana remains prohibited for recreational use, Louisiana has created medical cannabis access and reduced penalties for possession.
Further relaxations of cannabis laws are likely in the coming years.
Historical Perspective of Maijuana Laws in Louisiana
Early Marijuana Regulations in Louisiana
Louisiana first regulated cannabis in 1924 by requiring prescriptions for medical use.
The Uniform Narcotic Drug Act of 1927 entirely prohibited marijuana alongside other drugs. Racial biases and fears of cannabis influenced this early prohibition.
Anecdotal media stories blamed marijuana for provoking violence and insanity.
Lawmakers passed little leniency for cannabis offenses over the next eight decades. Possession of any amount of marijuana was a crime until 2015.
Shifts in Public Perception in Louisiana
Views toward marijuana slowly liberalized in Louisiana beginning in the 1990s.
A 1996 poll showed just 25% of public support for medical marijuana. But support steadily increased over the decades as nearby states reformed their laws.
Legalizing medical cannabis in Mississippi, Arkansas, and other Southern states created pressure for reform.
By 2014, polls indicated 80% of Louisiana residents backed legal medical marijuana.
High-profile stories of sick residents turning to cannabis also shifted public opinions. This set the stage for new policies.
Also Read:
- Weed Measurements Guide: Weight, Quantities & Price
- How Many Grams in a QP?
- How Many Grams in a Zip?
Current Status: Is Marijuana Legal in Louisiana?
Medical Marijuana Regulations in Louisiana
In 2015, Louisiana legalized non-smokable medical marijuana products. The current program began in 2019 after years of regulatory delays.
Patients with certain conditions can access cannabis oils, pills, and topicals by obtaining a doctor’s recommendation. Approximately 3,500 Louisianans are enrolled in the medical marijuana program as of August 2022.
In 2019, Louisiana expanded the medical program to allow raw, smokable cannabis flowers. This provides an alternative to oils and vapes.
To qualify for medical marijuana, patients must have one of Louisiana’s approved conditions. But doctors can recommend cannabis for any debilitating condition they believe it could help.
Recreational Marijuana Laws in Louisiana
Louisiana bans recreational marijuana possession and distribution outside the medicinal program, with fines and jail time.
Recent surveys suggest most locals support regulated and taxed cannabis sales, despite prohibition.
While legalization legislation stagnated, parliamentary momentum is increasing.
Legalization meets opposition in Louisiana’s conservative political atmosphere due to youth access concerns. Supporters cite tax revenue and social fairness.
Louisiana looks destined for significant adjustments due to changing public views toward recreational marijuana laws.
Decriminalization Efforts in Louisiana
Louisiana decriminalized marijuana possession up to 14 grams in 2021. First offenders now risk a $100 maximum punishment instead of incarceration.
The law aims to reduce enforcement costs and avoid damaging criminal records.
Although Louisiana decriminalized small possessions, police retain the authority to make arrests for cannabis under state law.
The penalties also remain harsher than in some other states – a second offense now brings a $250 fine, and a third offense can lead to 15 days of jail time.
This indicates Louisiana continues to take a relatively strict stance on marijuana offenses compared to other states’ more lax decriminalization measures.
Civil rights advocates have raised concerns that racial biases and disparities may continue in how marijuana laws are enforced, despite the modest decriminalization reforms.
Also Read:
- How to Detox From Marijuana?
- PGR Weed Guide: Understanding Risks & Solutions
- Tiburón Weed: Your Ultimate Guide
Key Provisions of Louisiana Cannabis Laws
Possession Limits and Penalties in Louisiana
Louisiana’s 2021 decriminalization law sets fines for minor marijuana possession – a first offense up to 14 grams is a $100 fine.
The penalties escalate from there, with a $250 fine for a second violation and potential 15 days in jail for third or subsequent offenses.
So penalties can still be harsh compared to some states’ laws. Possession of 14-56 grams remains classified as a misdemeanor punishable by up to 6 months in jail.
And control over 2.5 pounds can result in up to 5 years imprisonment, showing Louisiana retains strict punishments for more significant amounts.
Cultivation and Distribution Regulations in Louisiana
- Marijuana cultivation and distribution remain completely illegal for recreational purposes in Louisiana.
- Only licensed medical cannabis cultivators and dispensaries can operate in the state.
- Penalties for illicit distribution depend on the amount, ranging from fines to 30 years imprisonment.
Eligibility for Medical Marijuana Use in Louisiana
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Adults Medical Conditions Include:
- AIDS/HIV
- Amyotrophic Lateral Sclerosis (ALS)
- Alzheimer’s Disease
- Autism/Asperger Syndrome
- Cachexia or Wasting Syndrome
- Cancer
- Crohn’s Disease
- Chronic Pain, Muscle Pain and Other Types of Pain
- Epilepsy
- Glaucoma
- Huntington’s Disease (HD)
- Lewy Body Dementia (LBD)
- Muscular Dystrophy (MD) and Myotonic Disorders
- Muscle Spasms
- Multiple Sclerosis (MS)
- Nail-Patella Syndrome
- Palliative Care (Admittance Into Hospice)
- Parkinson’s Disease (PD)
- Post-Traumatic Stress Disorder (PTSD)
- Seizures and Seizure Disorders
- Spinal Cord Injuries (SCIs) and Spinal Cord Diseases (SCDs)
- Traumatic Brain Injury (TBI), Stroke
Also Read:
The Medical Marijuana Program in Louisiana
Qualifying Medical Conditions in Louisiana
In addition to the conditions listed above, Louisiana physicians may recommend medical marijuana for any situation they believe would help.
Patients must obtain an in-person recommendation and registration with the state health department.
Registration Process for Patients and Caregivers in Louisiana
- Patients apply with their doctor’s certification, proof of Louisiana residence, identity documents, and a $50 fee payment.
- If approved, they will receive a medical marijuana access card.
- Registered caregivers can purchase cannabis products for up to 5 patients.
Licensed Dispensaries and Physicians in Louisiana
- Nine licensed dispensaries in Louisiana offer oils, pills, sprays, and therapeutic cannabis plants.
- Products do not contain more than 30% THC.
- Only licensed specialist physicians who undergo training can recommend medical marijuana.
Also Read:
Other State Guide to Marijuana Legalization
Law Enforcement and Legal Processes in Louisiana
Law Enforcement Approach to Marijuana Offenses in Louisiana
Despite decriminalization, Louisiana police still make about 13,000 marijuana possession arrests yearly. Law enforcement agencies determine their priorities for cannabis enforcement.
New Orleans and Baton Rouge have de-emphasized marijuana charges, while other jurisdictions still aggressively pursue possession cases.
However, the New Orleans City Council passed a resolution directing police to make marijuana enforcement the lowest priority.
Many advocates argue Louisiana needs statewide enforcement guidance to address continued racial disparities.
Criminal Proceedings and Legal Defenses in Louisiana
Those facing marijuana possession charges should consult counsel to negotiate pleas or build defenses.
Potential strategies include challenging the legality of police searches, contesting the accuracy of field drug tests, or seeking mitigation through Louisiana’s medical marijuana program.
For small possession amounts, defendants may be able to have charges dropped or reduced to littering tickets.
Impact on Criminal Justice System in Louisiana
Even after decriminalization, Louisiana maintains one of the highest marijuana arrest rates in the nation.
Expanded medical access and full legalization could significantly reduce the costs and burdens of cannabis enforcement on Louisiana’s criminal justice institutions.
In 2021, 75% of drug arrests in the state were for marijuana possession. Reducing this could allow law enforcement to redirect resources toward more serious crimes.
Also Read:
Economic and Social Considerations of Weed in Louisiana
Taxation and Revenue Generation in Louisiana
- Legalized recreational marijuana sales could generate sizable tax revenues for Louisiana.
- One study estimated $186 million per year based on consumption rates.
- These funds could provide budget relief and finance public services.
- Comparable states like Colorado and Washington see over $300 million in annual marijuana tax revenues.
- Strategies for marijuana taxes include:
- Excise taxes on cultivation
- Retail sales taxes
- City and county cannabis taxes
Employment Opportunities in Louisiana
Expanding marijuana industries in Louisiana could create thousands of jobs. Ancillary businesses like packaging, security, and laboratory testing services would also benefit.
However, social equity programs may be needed to ensure equitable opportunities.
Racial Disparities and Social Equity in Louisiana
Despite similar usage rates across racial groups, Black Louisianans face disproportionately high arrest and conviction rates for marijuana offenses.
Legalization advocates argue new policies must address these disparities through automatic expungement of records and minority-owned business licensing.
Frequently Asked Questions
Q: What are the possession limits in Louisiana?
A: Louisiana has decriminalized possession of up to 14 grams (half an ounce) of marijuana. The first offense carries a $100 fine. Between 14-56 grams is a misdemeanor, while over 450 grams becomes a felony.
Q: Can you be arrested for marijuana possession in Louisiana?
A: Marijuana possession remains illegal outside the medical program, though up to 14 grams has been decriminalized. Police can still make arrests for cannabis possession, but the first offense is only a $100 fine. Higher amounts can lead to more significant penalties and jail time.
Q: Have any bills fully legalized marijuana in Louisiana?
A: In 2022, Democratic lawmakers proposed bills to legalize recreational cannabis, tax sales up to 22%, and release some inmates. But these stalled in committee. Support is growing, but legalization faces an uphill political battle still.
Q: What are the penalties for illegally selling marijuana in Louisiana?
A: Selling or distributing any cannabis outside the regulated medical program can lead to heavy fines and years of imprisonment, depending on the quantity. Trafficking over 2.5 pounds carries up to 30 years.
Q: Have any bills fully legalized marijuana in Louisiana?
A: In 2022, Democratic lawmakers proposed bills to legalize recreational cannabis, tax sales up to 22%, and release some inmates. But these stalled in committee. Support is growing, but legalization faces an uphill political battle still.
Conclusion
Marijuana laws have shifted toward liberalization in Louisiana, but full legalization still faces political and social hurdles. The current model provides a limited medical program and reduced minor possession penalties.
While meaningful reforms, bolder policy changes will likely be required to fulfill public demand for legal, regulated access to cannabis in Louisiana.
Advocates continue pushing for legalization through legislation and ballot initiatives.
With public support rising yearly, Louisiana appears poised to enact additional cannabis reforms.
However, the path forward remains complex, given the state’s traditional conservative leanings. While incremental steps have been taken, Louisiana’s marijuana laws still lag behind most other states in the nation.
