HLS 14RS-852 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 130
BY REPRESENTATIVE HONORE
CONTROLLED SUBSTANCES: Removes convictions for offenses involving marijuana,
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids
from the habitual offender law
AN ACT1
To enact R.S. 15:529.1(A)(5), relative to the habitual offender law; to prohibit a conviction2
for a violation of the Uniform Controlled Dangerous Substances Law involving3
marijuana or synthetic cannabinoids from being eligible for increased penalties4
pursuant to the habitual offender law; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:529.1(A)(5) is hereby enacted to read as follows:7
ยง529.1. 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
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(5) Notwithstanding any other provisions of law to the contrary, a conviction16
for a violation of the Uniform Controlled Dangerous Substances Law involving17
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic18 HLS 14RS-852 ORIGINAL
HB NO. 130
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
cannabinoids as provided for in R.S. 40:966(B)(3), (E), or (F) shall not be counted1
as a second, third, fourth, or subsequent offense for the purposes of this Section.2
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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)]
Honore HB No. 130
Abstract: Removes convictions involving marijuana, tetrahydrocannabinol or chemical
derivatives thereof, or synthetic cannabinoids from being counted as prior offenses
for the purposes of the habitual offender law.
Present law provides that habitual offenders may be subject to increased penalties for
second, third, fourth, and subsequent felony offenses.
Present law provides that violations of the Uniform Controlled Dangerous Substances Law
which are punishable by 10 years of imprisonment or more are eligible for consideration as
prior offenses for the purposes of the habitual offender law.
Proposed law changes present law and removes convictions involving marijuana,
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids from being
counted as prior offenses for the purposes of the habitual offender law.
(Adds R.S. 15:529.1(A)(5))