Is Marijuana legal in Louisiana now?

We have gotten questions from several people regarding the bill Governor John Bel Edwards just signed into law “decriminalizing” marijuana possession in Louisiana, so we thought we’d let y’all know what this law actually does.

Governor Edwards signed House Bill 652 (by Shreveport’s own Representative Cedric Glover) into law on Tuesday, June 15. The first thing we want our readers to know is that this law does not legalize marijuana possession, distribution, production, etc..in Louisiana. It is still a crime to do all of those things with regard to marijuana. (See Louisiana Revised Statutes 40:966.)

What this bill does do is change the penalty for possession of 14 grams (half an ounce) or less of marijuana from a fine and/or jail time to simply a fine of not more than $100. It does not matter whether this is a first offense or a 40th offense as long as the amount possessed is 14 grams or less. Possession of more than 14 grams of marijuana still carries the potential for jail time and is also still an enhanceable offense, meaning that for a third or higher offense, you could be charged with a felony.

Although many in the media and legislature are referring to this statute as “decriminalization,” we want our readers to be very aware that an arrest and conviction for possession of less than 14 grams of marijuana will still be considered a criminal conviction. This means that the arrest and conviction will still show up on your rap sheet unless you pay to have it expunged (assuming you are otherwise eligible to expunge it). It also means that you will have to disclose it on job applications, lease applications, etc.

Our readers also need to be aware that this legislation is only applicable to state law. Marijuana is still illegal in any quantity under federal law.

Finally, our readers should also know that this law will not go into effect until August 1, 2021, the standard effectiveness date of all legislation in Louisiana (unless another one is specifically enumerated). That means that, until August 1, if you are caught with less than 14 grams of marijuana, you still face jail time if convicted.

If you or someone you know is facing marijuana possession charges and has questions about how the new law will impact them, call us to set up a consult at (318) 459-9111.