HLS 13RS-507 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 103
BY REPRESENTATIVE BADON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/SENTENCING: Provides relative to criminal penalties for possession of
marijuana or synthetic cannabinoids and the applicability of the Habitual Offender
Law relative to possession of marijuana or synthetic cannabinoid offenses
AN ACT1
To amend and reenact R.S. 40:966(E) and Code of Criminal Procedure Article 881.1(A)(1)2
and (2) and to enact R.S. 15:529.1(A)(5) and Code of Criminal Procedure Article3
881.1(A)(5), relative to possession of marijuana or synthetic cannabinoids; to amend4
the criminal penalties for such offense; to provide with respect to sentencing5
pursuant to the Habitual Offender Law; to provide for the procedure by which6
offenders currently serving time for a conviction for possession of marijuana or7
synthetic cannabinoids may be resentenced; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:966(E) is hereby amended and reenacted to read as follows: 10
§966. Penalty for distribution or possession with intent to distribute narcotic drugs11
listed in Schedule I; possession of marijuana, possession of synthetic12
cannabinoids13
* * *14
E. Possession of marijuana, or synthetic cannabinoids. (1) Except as15
provided in Subsections E and Subsection F or G of this Section, on a first conviction16
for violation of Subsection C of this Section with regard to marijuana,17
tetrahydrocannabinol, or chemical derivatives thereof, or synthetic cannabinoids, the18 HLS 13RS-507 ORIGINAL
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offender shall be fined not more than five hundred dollars, imprisoned in the parish1
jail for not more than six months, or both.2
(2)(a) Except as provided in Subsection F or G of this Section, on a second3
conviction for violation of Subsection C of this Section with regard to marijuana,4
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids, the5
offender shall be fined not less than two hundred fifty dollars, nor more than two6
thousand five hundred dollars, imprisoned with or without hard labor for not more7
than five years one year, or both.8
(b) If the court places the offender on probation, the probation shall provide9
for a minimum condition that he participate in a court-approved substance abuse10
program and perform four eight-hour days of court-approved community service11
activities. Any costs associated with probation shall be paid by the offender.12
(3) Except as provided in Subsection F or G of this Section, on a third or13
subsequent conviction for violation of Subsection C of this Section with regard to14
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic15
cannabinoids, the offender shall be fined not more than two thousand dollars,16
sentenced to imprisonment imprisoned with or without hard labor for not more than17
twenty two years, and may, in addition, be sentenced to pay a fine of not more than18
five thousand dollars or both.19
(4) Except as provided in Subsection F or G of this Section, on a fourth or20
subsequent conviction for violation of Subsection C of this Section with regard to21
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic22
cannabinoids, the offender shall be fined not more than two thousand dollars,23
imprisoned with or without hard labor for not more than five years, or both.24
(4)(5) A conviction for the violation of any other statute or ordinance with25
the same elements as R.S. 40:966(C) Subsection C of this Section prohibiting the26
possession of marijuana, tetrahydrocannabinol or chemical derivatives thereof, or27
synthetic cannabinoids shall be considered as a prior conviction for the purposes of28 HLS 13RS-507 ORIGINAL
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this Subsection relating to penalties for second, third, fourth, or subsequent1
offenders.2
(5)(6) A conviction for the violation of any other statute or ordinance with3
the same elements as R.S. 40:966(B)(3) Paragraph (B)(3) of this Section prohibiting4
the distributing or dispensing or possession with intent to distribute or dispense5
marijuana, of marijuana,
1
tetrahydrocan nabinol or chemical derivatives thereof, or6
synthetic cannabinoids shall be considered as a prior conviction for the purposes of7
this Subsection relating to penalties for second, third, fourth, or subsequent8
offenders.9
* * *10
Section 2. R.S. 15:529(A)(5) is hereby enacted to read as follows:11
§529.1. Sentences for second and subsequent offenses; certificate of warden or clerk12
of court in the state of Louisiana as evidence13
A. Any person who, after having been convicted within this state of a felony,14
or who, after having been convicted under the laws of any other state or of the15
United States, or any foreign government of a crime which, if committed in this state16
would be a felony, thereafter commits any subsequent felony within this state, upon17
conviction of said felony, shall be punished as follows:18
* * *19
(5) If the current or prior felony conviction is a conviction of a violation of20
R.S. 40:966(E), the person shall not be subject or sentenced pursuant to the21
provisions of this Section.22
* * *23
Section 3. Code of Criminal Procedure Article 881.1(A)(1) and (2) are hereby24
amended and reenacted and Code of Criminal Procedure Article 881.1(A)(5) is hereby25
enacted to read as follows:26
Art. 881.1. Motion to reconsider sentence27
A.(1) In Except as provided in Subparagraph (5) of this Paragraph, in felony28
cases, within thirty days following the imposition of sentence or within such longer29 HLS 13RS-507 ORIGINAL
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period as the trial court may set at sentence, the state or the defendant may make or1
file a motion to reconsider sentence.2
(2) In Except as provided in Subparagraph (5) of this Paragraph, in3
misdemeanor cases, the defendant may file a motion to reconsider sentence at any4
time following commencement or execution of such sentence. The court may grant5
the motion and amend the sentence, even following completion of execution of the6
sentence, to impose a lesser sentence which could lawfully have been imposed.7
* * *8
(5)(a) Notwithstanding any provision of law to the contrary, if the defendant9
is incarcerated after having been convicted of possession of marijuana or synthetic10
cannabinoids pursuant to R.S. 40:966(E) and has been sentenced pursuant to the11
provisions of R.S. 40:966(E) or pursuant to the provisions of the Habitual Offender12
Law (R.S. 15:529.1), wherein at least one of the offenses which forms the basis for13
such sentence is a conviction for possession of marijuana or synthetic cannabinoids14
pursuant to R.S. 40:966(E), the defendant may file a motion to reconsider the15
sentence if he has served at least one-half of the maximum term of imprisonment16
provided for in R.S. 40:966(E) had the offender been convicted for the offense on or17
after August 1, 2013.18
(b) The motion to reconsider the sentence shall be in writing, shall set forth19
the specific grounds on which the motion is based, and shall provide all evidence20
necessary to support the claim. If the court determines that the defendant meets the21
criteria provided for in Subparagraph (a) of this Paragraph, the court shall grant the22
motion and shall amend the sentence of the defendant in accordance with the23
provisions of R.S. 40:966(E), with credit for time served by the offender for the24
initial sentence imposed upon conviction.25
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HB NO. 103
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Badon HB No. 103
Abstract: Amends the criminal penalties for second and subsequent convictions of
possession of marijuana or synthetic cannabinoids and prohibits the application of
the Habitual Offender Law to possession of marijuana or synthetic cannabinoid
offenses.
Present law provides for the following penalties with regard to the crime of possession of
marijuana or synthetic cannabinoids:
(1)On a first conviction, the offender shall be fined not more than $500, imprisoned in
the parish jail for not more than six months, or both.
(2)On a second conviction, the offender shall be fined not less than $250 nor more than
$2,000, imprisoned with or without hard labor for not more than five years, or both.
In addition, present law required that certain conditions be met if the offender is
placed on probation, including substance abuse treatment and community service.
(3)On a third or subsequent conviction, the offender shall be sentenced to imprisonment
with or without hard labor for not more than 20 years, and may, in addition, be
sentenced to pay a fine of not more than $5,000.
Present law provides for increased penalties for habitual offenders, including offenders who
have been convicted of possession of marijuana or synthetic cannabinoids.
Proposed law amends the penalties for possession of marijuana or synthetic cannabinoids
as follows:
(1)On a first conviction, proposed law retains present law.
(2)On a second conviction, the offender shall be fined not more than $500, imprisoned
for not more than one year, or both. In addition, proposed law repeals the provision
which provides for the special conditions of probation for a second offense.
(3)On a third conviction, the offender shall be fined not more than $2,000, imprisoned
with or without hard labor for not more than two years, or both.
(4)On a fourth or subsequent conviction, the offender shall be fined not more than
$2,000, imprisoned with or without hard labor for not more than five years, or both.
Proposed law removes possession of marijuana or synthetic cannabinoids as a possible
offense for which an offender may be sentenced pursuant to the Habitual Offender Law.
Proposed law authorizes a defendant who is incarcerated after having been convicted of and
sentenced according to the provisions of present law regarding possession of marijuana or
synthetic cannabinoids or present law habitual offender provisions, wherein at least one of
the offenses which forms the basis for such sentence is a conviction for possession of HLS 13RS-507 ORIGINAL
HB NO. 103
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marijuana or synthetic cannabinoids pursuant to present law, if the defendant has served at
least ½ of the maximum term of imprisonment provided for in proposed law. Proposed law
further provides the procedure for such motions to reconsider.
(Amends R.S. 40:966(E) and C.Cr.P. Art. 881.1(A)(1) and (2); Adds R.S. 15:529.1(A)(5)
and C.Cr.P. Art. 881.1(A)(5))