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:
(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.