HLS 13RS-507 ENGROSSED
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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: Reduces criminal penalties for possession of marijuana and
prohibits the applicability of the Habitual Offender Law relative to possession of
marijuana
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; to amend the criminal penalties for4
such offense; to provide with respect to sentencing pursuant to the Habitual Offender5
Law; to provide for the procedure by which offenders currently serving time for a6
conviction for possession of marijuana may be resentenced; and to provide for7
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.(1) 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 ENGROSSED
HB NO. 103
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)(b) 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
(c) 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, the offender shall22
be fined not more than two thousand dollars, imprisoned with or without hard labor23
for not more than five years, or both.24
(4)(d) 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 ENGROSSED
HB NO. 103
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
this Subsection relating to penalties for second, third, fourth, or subsequent1
offenders.2
(5)(e) 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
(2) Possession of synthetic cannabinoids. (1) Except as provided in10
Subsections F and G of this Section, on a first conviction for violation of Subsection11
C of this Section with regard to synthetic cannabinoids, the offender shall be fined12
not more than five hundred dollars, imprisoned in the parish jail for not more than13
six months, or both.14
(a) Except as provided in Subsection F or G of this Section, on a second15
conviction for violation of Subsection C of this Section with regard to synthetic16
cannabinoids, the offender shall be fined not less than two hundred fifty dollars nor17
more than two thousand dollars, imprisoned with or without hard labor for not more18
than five years, or both.19
(b) Except as provided in Subsection F or G of this Section, on a third or20
subsequent conviction for violation of Subsection C of this Section with regard to21
synthetic cannabinoids, the offender shall be sentenced to imprisonment with or22
without hard labor for not more than twenty years, and may, in addition, be23
sentenced to pay a fine of not more than five thousand dollars.24
(c) A conviction for the violation of any other statute or ordinance with the25
same elements as Subsection C of this Section prohibiting the possession of synthetic26
cannabinoids shall be considered as a prior conviction for the purposes of this27
Subsection relating to penalties for second, third, or subsequent offenders.28 HLS 13RS-507 ENGROSSED
HB NO. 103
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(d) A conviction for the violation of any other statute or ordinance with the1
same elements as Paragraph (B)(3) of this Section prohibiting the distributing or2
dispensing or possession with intent to distribute or dispense synthetic cannabinoids3
shall be considered as a prior conviction for the purposes of this Subsection relating4
to penalties for second, third, or subsequent offenders.5
* * *6
Section 2. R.S. 15:529.1(A)(5) is hereby enacted to read as follows:7
§529.1. Sentences for second and subsequent offenses; certificate of warden or clerk8
of court in the state of Louisiana as evidence9
A. Any person who, after having been convicted within this state of a felony,10
or who, after having been convicted under the laws of any other state or of the11
United States, or any foreign government of a crime which, if committed in this state12
would be a felony, thereafter commits any subsequent felony within this state, upon13
conviction of said felony, shall be punished as follows:14
* * *15
(5) If the current and all prior felony convictions are convictions of a16
violation of R.S. 40:966(E)(1), the person shall not be subject or sentenced pursuant17
to the provisions of this Section.18
* * *19
Section 3. Code of Criminal Procedure Article 881.1(A)(1) and (2) are hereby20
amended and reenacted and Code of Criminal Procedure Article 881.1(A)(5) is hereby21
enacted to read as follows:22
Art. 881.1. Motion to reconsider sentence23
A.(1) In Except as provided in Subparagraph (5) of this Paragraph, in felony24
cases, within thirty days following the imposition of sentence or within such longer25
period as the trial court may set at sentence, the state or the defendant may make or26
file a motion to reconsider sentence.27
(2) In Except as provided in Subparagraph (5) of this Paragraph, in28
misdemeanor cases, the defendant may file a motion to reconsider sentence at any29 HLS 13RS-507 ENGROSSED
HB NO. 103
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
time following commencement or execution of such sentence. The court may grant1
the motion and amend the sentence, even following completion of execution of the2
sentence, to impose a lesser sentence which could lawfully have been imposed.3
* * *4
(5)(a) Notwithstanding any provision of law to the contrary, if the defendant5
is incarcerated after having been convicted of possession of marijuana pursuant to6
R.S. 40:966(E)(1) and has been sentenced pursuant to the provisions of R.S.7
40:966(E)(1) or pursuant to the provisions of the Habitual Offender Law (R.S.8
15:529.1), wherein at least one of the offenses which forms the basis for such9
sentence is a conviction for possession of marijuana pursuant to R.S. 40:966(E)(1),10
the defendant may file a motion to reconsider the sentence if he has served at least11
one-half of the maximum term of imprisonment provided for in R.S. 40:966(E)(1),12
had the offender been convicted for the offense on or after August 1, 2013.13
(b) The motion to reconsider the sentence shall be in writing, shall set forth14
the specific grounds on which the motion is based, and shall provide all evidence15
necessary to support the claim. If the court determines that the defendant meets the16
criteria provided for in Subsubparagraph (a) of this Paragraph, the court shall grant17
the motion and shall amend the sentence of the defendant in accordance with the18
provisions of R.S. 40:966(E)(1), with credit for time served by the offender for the19
initial sentence imposed upon conviction.20
* * *21
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, prohibits the application of the Habitual Offender Law to
possession of marijuana, and provides for the filing of a motion to reconsider a
sentence in certain cases.
Present law provides for the following penalties with regard to the crime of possession of
marijuana or synthetic cannabinoids: HLS 13RS-507 ENGROSSED
HB NO. 103
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(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.
Proposed law amends the penalties for possession of marijuana 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.
Present law provides for increased penalties for habitual offenders, including offenders who
have been convicted of possession of marijuana or synthetic cannabinoids.
Proposed law retains the provisions of present law regarding synthetic cannabinoids and
removes possession of marijuana as a possible offense for which an offender may be
sentenced pursuant to the Habitual Offender Law.
Proposed law authorizes the filing of a motion to reconsider the sentence of a defendant who
is incarcerated after having been convicted of and sentenced according to the provisions of
present law regarding possession of marijuana 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 marijuana 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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Retained present law penalties for possession of synthetic cannabinoids and
reduced the penalties for possession of marijuana.
2. Prohibited the Habitual Offender Law from applying when all underlying
criminal convictions are for possession of marijuana.