Louisiana 2014 2014 Regular Session

Louisiana House Bill HB906 Comm Sub / Analysis

                    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))