Signed by Governor John Bel Edwards

Vote Smart's Synopsis:

Vote to pass a bill that reduces penalties for possession of marijuana.

Highlights:

• Establishes that it is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly, or according to a valid prescription or order, from a practitioner or as provided in R.S. 40:978, while acting in the course of his professional practice, or except as otherwise authorized by this Part (Sec. 1).

• Establishes that a substance classified in Schedule I that is marijuana, tetrahydrocannabinol, or chemical derivatives thereof, is to be punished as follows (Sec. 1):

• On a first conviction or any subsequent conviction, wherein the offender possesses 14 grams or less, the offender shall be fined not more than $100; and

• If an offender upon whom a fine has been imposed under this Subparagraph alleges indigency or otherwise fails to pay the imposed fine, the court is to determine whether the defendant has willfully refused to pay or has made bona fide efforts to legally acquire resources to pay and if an offender has not willfully refused to pay and has made bona fide efforts to attempt to pay the fine imposed, the court is to use its discretion to alternatives, including installment payments or community service.

• Specifies that on a second conviction, wherein the offender possesses more than 14 grams, the offender is to be fined not more than $1,000, imprisoned in the parish jail for not more than 6 months, or both (Sec. 1).

• Establishes that on a third conviction, wherein the offender possesses more than 14 grams, the offender is to be sentenced to imprisonment, with or without hard labor, for not more than 2 years, is to be fined not more than $2,500 (Sec. 1).

• Specifies that on a fourth or subsequent conviction, wherein the offender possesses more than 14 grams, the offender is to be sentenced to imprisonment with or without hard labor for not more than 8 years, is to be fined not more than $5,000, or both (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that reduces penalties for possession of marijuana.

Highlights:

• Establishes that it is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly, or according to a valid prescription or order, from a practitioner or as provided in R.S. 40:978, while acting in the course of his professional practice, or except as otherwise authorized by this Part (Sec. 1).

• Establishes that a substance classified in Schedule I that is marijuana, tetrahydrocannabinol, or chemical derivatives thereof, is to be punished as follows (Sec. 1):

• On a first conviction or any subsequent conviction, wherein the offender possesses 14 grams or less, the offender shall be fined not more than $100; and

• If an offender upon whom a fine has been imposed under this Subparagraph alleges indigency or otherwise fails to pay the imposed fine, the court is to determine whether the defendant has willfully refused to pay or has made bona fide efforts to legally acquire resources to pay and if an offender has not willfully refused to pay and has made bona fide efforts to attempt to pay the fine imposed, the court is to use its discretion to alternatives, including installment payments or community service.

• Specifies that on a second conviction, wherein the offender possesses more than 14 grams, the offender is to be fined not more than $1,000, imprisoned in the parish jail for not more than 6 months, or both (Sec. 1).

• Establishes that on a third conviction, wherein the offender possesses more than 14 grams, the offender is to be sentenced to imprisonment, with or without hard labor, for not more than 2 years, is to be fined not more than $2,500 (Sec. 1).

• Specifies that on a fourth or subsequent conviction, wherein the offender possesses more than 14 grams, the offender is to be sentenced to imprisonment with or without hard labor for not more than 8 years, is to be fined not more than $5,000, or both (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that reduces penalties for possession of marijuana.

Full Bill Text