HLS 14RS-846 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 906
BY REPRESENTATIVE WOODRUFF
CONTROLLED SUBSTANCES: Amends penalty provisions for 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 certain possession3
offenses; to provide with respect to sentencing pursuant to the Habitual Offender4
Law; and to provide for 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. Possession of marijuana or synthetic cannabinoids . 12
(1) Except as provided in Subsections F or G of this Section, on a conviction13
for violation of Subsection C of this Section with regard to marijuana,14
tetrahydrocan nabinol, or chemical derivatives thereof, or synthetic cannabinoids15
when the offender possesses less than twenty-eight grams, the offender shall be16
punished as follows:17
(a) On a first conviction, the offender shall be fined not less than fifty dollars18
nor more than one hundred dollars.19 HLS 14RS-846 ORIGINAL
HB NO. 906
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) On a second conviction, the offender shall be fined not less than one1
hundred dollars nor more than one hundred fifty dollars.2
(c) On a third or subsequent conviction, the offender shall be fined not less3
than one hundred fifty dollars nor more than two hundred dollars, or placed on4
probation for not more than six months, or both. If the court places the offender on5
probation, the probation shall provide for a minimum condition that he participate6
in a court-approved substance abuse program and perform four eight-hour days of7
court-approved community service activities. Any costs associated with probation8
shall be paid by the offender.9
(2)(a) Except as provided in Subsections E and F or G of this Section, on a10
first conviction for violation of Subsection C of this Section with regard to11
marijuana, tetrahydrocannabinol, or chemical derivatives thereof, or synthetic12
cannabinoids when the offender possesses twenty-eight grams or more but less than13
sixty pounds, the offender shall be fined not more than five hundred dollars,14
imprisoned in the parish jail for not more than six months, or both.15
(2)(a)(b) Except as provided in Subsection F or G of this Section, on a16
second conviction for violation of Subsection C of this Section with regard to17
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic18
cannabinoids when the offender possesses twenty-eight grams or more but less than19
sixty pounds, the offender shall be fined not less than two hundred fifty dollars, nor20
more than two thousand dollars, imprisoned with or without hard labor for not more21
than five years, or both.22
(b)(c) If the court places the offender on probation, the probation shall23
provide for a minimum condition that he participate in a court-approved substance24
abuse program and perform four eight-hour days of court-approved community25
service activities. Any costs associated with probation shall be paid by the offender.26
(3) Except as provided in Subsection F or G of this Section, on a third or27
subsequent conviction for violation of Subsection C of this Section with regard to28
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic29 HLS 14RS-846 ORIGINAL
HB NO. 906
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
cannabinoids when the offender possesses twenty-eight grams or more but less than1
sixty pounds, the offender shall be sentenced to imprisonment with or without hard2
labor for not more than twenty years, and may, in addition, be sentenced to pay a fine3
of not more than five thousand dollars.4
(4) A conviction for the violation of any other statute or ordinance with the5
same elements as R.S. 40:966(C) prohibiting the possession of marijuana,6
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids7
when the offender possesses twenty-eight grams or more but less than sixty pounds8
shall be considered as a prior conviction for the purposes of this Subsection relating9
to penalties for second, third, or subsequent offenders.10
(5) A conviction for the violation of any other statute or ordinance with the11
same elements as R.S. 40:966(B)(3) prohibiting the distributing or dispensing or12
possession with intent to distribute or dispense marijuana, of marijuana,
1
13
tetrahydrocanna binol or chemical derivatives thereof, or synthetic cannabinoids14
when the offender possesses twenty-eight grams or more but less than sixty pounds15
shall be considered as a prior conviction for the purposes of this Subsection relating16
to penalties for second, third, or subsequent offenders.17
* * *18
Section 2. R.S. 15:529.1(A)(5) is hereby enacted to read as follows:19
§529.1. Sentences for second and subsequent offenses; certificate of warden or clerk20
of court in the state of Louisiana as evidence21
A. Any person who, after having been convicted within this state of a felony,22
or who, after having been convicted under the laws of any other state or of the23
United States, or any foreign government of a crime which, if committed in this state24
would be a felony, thereafter commits any subsequent felony within this state, upon25
conviction of said felony, shall be punished as follows:26
* * *27 HLS 14RS-846 ORIGINAL
HB NO. 906
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(5) If the current and all prior felony convictions are convictions for which1
sentence may be imposed under R.S. 40:966(E)(1) or (2), the person shall not be2
subject or sentenced pursuant to the provisions of this Section.3
* * *4
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)]
Woodruff HB No. 906
Abstract: Reduces criminal penalties for possession of marijuana in quantities less than 28
grams.
Present law provides penalties for the possession of marijuana and synthetic cannabinoids.
The penalties for possession for any amount less than 60 pounds are as follows:
(1)For 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)For 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.
(3)For 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 retains present law penalties for the possession of marijuana and synthetic
cannabinoids in amounts greater than 28 grams and less than 60 pounds.
Proposed law establishes penalties for the possession of marijuana in an amount less than
28 grams as follows:
(1)On a first conviction, the offender shall be fined not less than $50 nor more than
$100.
(2)On a second conviction, the offender shall be fined not less than $100 nor more than
$150.
(3)On a third or subsequent conviction, the offender shall be fined not less than $150
nor more than $200, or placed on probation for not more than six months, or both.
Proposed law provides that if the court places the offender on probation, the probation shall
provide for a minimum condition that he participate in a court-approved substance abuse
program and perform four eight-hour days of court-approved community service activities.
Any costs associated with probation shall be paid by the offender.
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))