It is time for my (kinda) regular reminder that marijuana is still illegal under federal (and state - under most circumstances) law!

In the United States it is illegal to possess marijuana. The possession of any amount is a criminal offense that carries a potential fine and/or imprisonment.

In Louisiana, it is illegal to possess marijuana (in any quantity); however, the possession of 14 grams or less is punishable by only a fine of up to $100. (NOTE: This is still. a. crime. It will still go on your rap sheet and you will still have to disclose it to potential employers.)

The one exception to the prohibition on possession under Louisiana law is that

Any person who is a patient of the state-sponsored medical marijuana program in Louisiana, and possesses medical marijuana in a form permissible under R.S. 40:1046 for a condition enumerated therein, a caregiver as defined in R.S. 15:1503, any person who is a domiciliary parent of a minor child who possesses medical marijuana on behalf of his minor child in a form permissible under 40:1046 for a condition enumerated therein pursuant to a legitimate medical marijuana prescription or recommendation issued by a licensed health professional authorized by R.S. 40:1046(B) to recommend medical marijuana to patients, or any visiting qualifying patient as defined in R.S. 40:1046.1 shall be exempt from the provisions of this Section. This Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana or any of its derivatives or other conduct outside the scope of the state-sponsored medical marijuana program.

La. R.S. 40:966F(1).

With regard to traveling with marijuana, beyond its illegality under federal law, the chart below (thanks to statista.com for the chart!) shows the current state of legalization across the United States. Traveling to another state, even with a medical marijuana authorization from Louisiana, may still render you in legal trouble if it is not legal in the state to which you travel (or through which you travel).

Finally, strangely, the Transportation Security Administration (TSA) has an interesting perspective on air travel while carrying marijuana on their website:

The second paragraph of this blurb from the TSA’s website is, I think, the most important despite the permissiveness of the first paragraph.

If you or someone you know is being prosecuted for charges related to marijuana and would like to set up a consultation, give us a call at (318) 459-9111.

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.