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 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))