Changes in Drug Laws

Effective August 1, 2022, the Louisiana Legislature made some changes to the drug laws.

With regard to marijuana, the legislature enacted Louisiana Code of Criminal Procedure Article 162.4 to state explicitly that the mere odor of marijuana is insufficient to provide probable cause for the search of a person’s home without a warrant. La. C.Cr.P. Art. 162.4

The legislature further enacted La. R.S. 32:300.4.1 which prohibits the smoking or vaping of marijuana in a motor vehicle. The fine for violating this statute is $100. The statute further prohibits officers from using this offense as the primary basis for a traffic stop, and establishes it as a non-moving violation which shall not be reported on a person’s driving record. La. R.S. 32:300.4.1.

The Legislature also re-categorized several controlled substances on the drug schedules, notably moving fentanyl to Schedule I. La. R.S. 40:964.

Finally, the Legislature amended Louisiana Revised Statutes Title 14, §403.10 to provide immunity for prosecution for those seeking medical treatment for an individual believed to be suffering from an overdose for the offense of possession of drug paraphernalia. The change also prohibits individuals from seeking medical treatment for an individual suffering an overdose from violations of probation or parole or civil forfeiture of property.

If you or someone you know is facing prosecution for violations of the controlled dangerous substances laws, give us a call at (318) 459-9111 to schedule a consultation.