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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 576
BY SENATOR CLAITOR
CRIME/PUNISHMENT. Provides relative to second offense possession of marijuana.
(8/15/10)
AN ACT1
To amend and reenact R.S. 40:966(E)(2), relative to second offense possession of marijuana;2
to provide for a minimum fine; to provide relative to suspension of sentence; to3
require participation in substance abuse programs and community service in certain4
circumstances; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:966(E)(2) is hereby amended and reenacted to read as follows:7
ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs8
listed in Schedule I; possession of marijuana9
* * *10
E. Possession of marijuana.11
* * *12
(2) Except as provided in Subsection F or G of this Section, on a second13
conviction for violation of Subsection C of this Section with regard to marijuana,14
tetrahydrocannabinol or chemical derivatives thereof, the offender shall be fined not15
less than two hundred fifty dollars, nor more than two thousand dollars,16
imprisoned with or without hard labor for not more than five years, or both. At least17 SB NO. 576
SLS 10RS-1025 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
forty-eight hours of the sentence imposed shall be served without benefit of1
parole, probation, or suspension of sentence unless the offender is placed on2
probation with a minimum condition that he participate in a court-approved3
substance abuse program and perform four eight-hour days of court-approved4
community service activities.5
* * *6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Johnson.
DIGEST
Claitor (SB 576)
Present law requires that on a second conviction for possession of marijuana,
tetrahydrocannabinol or chemical derivatives thereof, the offender be fined not more than
$2,000, imprisoned with or without hard labor for not more than five years, or both.
Proposed law retains present law but adds a minimum fine of $250.
Proposed law requires that at least 48 hours of the sentence imposed be served without
benefit of parole, probation, or suspension of sentence unless the offender is placed on
probation with a minimum condition that he participate in a court-approved substance abuse
program and perform 4 eight-hour days of court-approved community service activities.
Effective August 15, 2010.
(Amends R.S. 40:966(E)(2))