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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: 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 to enact R.S. 15:529.1(A)(5), relative to2
possession of marijuana; to amend the criminal penalties for such offense; to provide3
with respect to sentencing pursuant to the Habitual Offender Law; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:966(E) is hereby amended and reenacted to read as follows: 7
§966. Penalty for distribution or possession with intent to distribute narcotic drugs8
listed in Schedule I; possession of marijuana, possession of synthetic9
cannabinoids10
* * *11
E.(1) Possession of marijuana, or synthetic cannabinoids. (1)(a) Except as12
provided in Subsections E and Subsection F or G of this Section, on a first conviction13
for violation of Subsection C of this Section with regard to marijuana,14
tetrahydrocannabinol, or chemical derivatives thereof, or synthetic cannabinoids, the15
offender shall be fined not more than five hundred dollars, imprisoned in the parish16
jail for not more than six months, or both.17
(2)(a)(b) Except as provided in Subsection F or G of this Section, on a18
second conviction for violation of Subsection C of this Section with regard to19 HLS 13RS-507 REENGROSSED
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marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic1
cannabinoids, the offender shall be fined not less than two hundred fifty dollars, nor2
more than two thousand five hundred dollars, imprisoned with or without hard labor3
for not more than five years two years, or both.4
(b)(c) If the court places the offender on probation, the probation shall5
provide for a minimum condition that he participate in a court-approved substance6
abuse program and perform four eight-hour days of court-approved community7
service activities. Any costs associated with probation shall be paid by the offender.8
(3)(d) Except as provided in Subsection F or G of this Section, on a third or9
subsequent conviction for violation of Subsection C of this Section with regard to10
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic11
cannabinoids, the offender shall be fined not more than two thousand dollars,12
sentenced to imprisonment imprisoned with or without hard labor for not more than13
twenty five years, and may, in addition, be sentenced to pay a fine of not more than14
five thousand dollars or both.15
(e) Except as provided in Subsection F or G of this Section, on a fourth or16
subsequent conviction for violation of Subsection C of this Section with regard to17
marijuana, tetrahydrocannabinol or chemical derivatives thereof, the offender shall18
be fined not more than two thousand dollars, imprisoned with or without hard labor19
for not more than eight years, or both.20
(4)(f) A conviction for the violation of any other statute or ordinance with21
the same elements as R.S. 40:966(C) Subsection C of this Section prohibiting the22
possession of marijuana, tetrahydrocannabinol or chemical derivatives thereof, or23
synthetic cannabinoids shall be considered as a prior conviction for the purposes of24
this Subsection relating to penalties for second, third, fourth, or subsequent25
offenders.26
(5)(g) A conviction for the violation of any other statute or ordinance with27
the same elements as R.S. 40:966(B)(3) Paragraph (B)(3) of this Section prohibiting28
the distributing or dispensing or possession with intent to distribute or dispense29 HLS 13RS-507 REENGROSSED
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marijuana, of marijuana,
1
tetrahydroc annabinol or chemical derivatives thereof, or1
synthetic cannabinoids shall be considered as a prior conviction for the purposes of2
this Subsection relating to penalties for second, third, fourth, or subsequent3
offenders.4
(2) Possession of synthetic cannabinoids. (a) Except as provided in5
Subsections F and G of this Section, on a first conviction for violation of Subsection6
C of this Section with regard to synthetic cannabinoids, the offender shall be fined7
not more than five hundred dollars, imprisoned in the parish jail for not more than8
six months, or both.9
(b) Except as provided in Subsection F or G of this Section, on a second10
conviction for violation of Subsection C of this Section with regard to synthetic11
cannabinoids, the offender shall be fined not less than two hundred fifty dollars nor12
more than two thousand dollars, imprisoned with or without hard labor for not more13
than five years, or both.14
(c) Except as provided in Subsection F or G of this Section, on a third or15
subsequent conviction for violation of Subsection C of this Section with regard to16
synthetic cannabinoids, the offender shall be sentenced to imprisonment with or17
without hard labor for not more than twenty years, and may, in addition, be18
sentenced to pay a fine of not more than five thousand dollars.19
(d) A conviction for the violation of any other statute or ordinance with the20
same elements as Subsection C of this Section prohibiting the possession of synthetic21
cannabinoids shall be considered as a prior conviction for the purposes of this22
Subsection relating to penalties for second, third, or subsequent offenders.23
(e) A conviction for the violation of any other statute or ordinance with the24
same elements as Paragraph (B)(3) of this Section prohibiting the distributing or25
dispensing or possession with intent to distribute or dispense synthetic cannabinoids26
shall be considered as a prior conviction for the purposes of this Subsection relating27
to penalties for second, third, or subsequent offenders.28
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Section 2. R.S. 15:529.1(A)(5) is hereby enacted to read as follows:1
§529.1. Sentences for second and subsequent offenses; certificate of warden or clerk2
of court in the state of Louisiana as evidence3
A. Any person who, after having been convicted within this state of a felony,4
or who, after having been convicted under the laws of any other state or of the5
United States, or any foreign government of a crime which, if committed in this state6
would be a felony, thereafter commits any subsequent felony within this state, upon7
conviction of said felony, shall be punished as follows:8
* * *9
(5) If the current and all prior felony convictions are convictions for which10
sentence may be imposed under R.S. 40:966(E)(1), the person shall not be subject11
or sentenced pursuant to the provisions of this Section.12
* * *13
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 and prohibits the application of the Habitual Offender Law
when all underlying criminal convictions are for possession of marijuana.
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. HLS 13RS-507 REENGROSSED
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(2)On a second conviction, the offender shall be fined not more than $500, imprisoned
with or without hard labor for not more than two years, or both.
(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 five 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 eight 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
prohibits the Habitual Offender Law from applying when all underlying criminal convictions
are for possession of marijuana.
(Amends R.S. 40:966(E); Adds R.S. 15:529.1(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.
House Floor Amendments to the engrossed bill.
1. Deleted provisions regarding a motion to reconsider sentence.
2. Changed maximum penalty provisions for 2nd, 3rd, 4th and subsequent
convictions for possession of marijuana.
3. Made legislative bureau amendments.
4. Reinstated present law provisions regarding court-approved substance abuse
programs and court-approved community service for a 2nd conviction.