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Regular Session, 2014
SENATE BILL NO. 323
BY SENATORS MORRELL AND ADLEY
CRIME/PUNISHMENT. Reduces criminal penalties for marijuana possession and prohibits
application of enhanced sentencing laws to second and subsequent offense marijuana
possession. (gov sig)
AN ACT1
To amend and reenact R.S. 40:966(E) and 982, relative to the Uniform Controlled2
Dangerous Substances Law; to provide relative to penalties for possession of3
marijuana; to reduce the penalties for simple possession of marijuana and to prohibit4
the application of second and subsequent offense sentencing provisions to prior5
convictions of marijuana possession; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:966(E) and 982 are hereby amended and reenacted to read as8
follows: 9
§966. Penalty for distribution or possession with intent to distribute narcotic drugs10
listed in Schedule I; possession of marijuana, possession of synthetic11
cannabinoids12
* * *13
E.(1) Possession of marijuana, or synthetic cannabinoids. (1) (a) Except as14
provided in Subsections E and F and G of this Section, on a first conviction for15
violation of any person who violates Subsection C of this Section with regard to16
marijuana, tetrahydrocannabinol, or chemical derivatives thereof, or synthetic17 SB NO. 323
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cannabinoids the offender shall be fined not more than five one hundred dollars,1
imprisoned in the parish jail for not more than six months, or both.2
(2)(a) Except as provided in Subsection F or G of this Section, on a second3
conviction for violation of Subsection C of this Section with regard to marijuana,4
tetrahydrocannabinol or chemical derivatives thereof or synthetic cannabinoids, the5
offender shall be fined not less than two hundred fifty dollars, nor more than two6
thousand dollars, imprisoned with or without hard labor for not more than five years,7
or both.8
(b) If the court places the offender on probation, the probation shall provide9
for a minimum condition that he participate in a court-approved substance abuse10
program and perform four eight-hour days of court-approved community service11
activities. Any costs associated with probation shall be paid by the offender.12
(3) Except as provided in Subsection F or G of this Section, on a third or13
subsequent conviction for violation of Subsection C of this Section with regard to14
marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic15
cannabinoids the offender shall be sentenced to imprisonment with or without hard16
labor for not more than twenty years, and may, in addition, be sentenced to pay a fine17
of not more than five thousand dollars.18
(4) A conviction for the violation of any other statute or ordinance with the19
same elements as R.S. 40:966(C) prohibiting the possession of marijuana,20
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall21
be considered as a prior conviction for the purposes of this Subsection relating to22
penalties for second, third, or subsequent offenders.23
(5) A conviction for the violation of any other statute or ordinance with the24
same elements as R.S. 40:966(B)(3) prohibiting the distributing or dispensing or25
possession with intent to distribute or dispense marijuana, of marijuana,126
tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall27
be considered as a prior conviction for the purposes of this Subsection relating to28
penalties for second, third, or subsequent offenders.29 SB NO. 323
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(2) Possession of synthetic cannabinoids. (a) Except as provided in1
Subsections E and F of this Section, on a first conviction for violation of2
Subsection C of this Section with regard to synthetic cannabinoids, the offender3
shall be fined not more than five hundred dollars, imprisoned in the parish jail4
for not more than six months, or both.5
(b) Except as provided in Subsection F or G of this Section, on a second6
or subsequent conviction for violation of Subsection C of this Section with7
regard to synthetic cannabinoids, the offender shall be fined not less than two8
hundred fifty dollars nor more than two thousand dollars, imprisoned with or9
without hard labor for not more than five years, or both.10
(c) Except as provided in Subsection F or G of this Section, on a third or11
subsequent conviction for violation of Subsection C of this Section with regard12
to synthetic cannabinoids, the offender shall be sentenced to imprisonment with13
or without hard labor for not more than twenty years and may, in addition, be14
sentenced to pay a fine of not more than five thousand dollars.15
(d) A conviction for the violation of any other statute or ordinance with16
the same elements as R.S. 40:966(C) prohibiting the possession of synthetic17
cannabinoids shall be considered as a prior conviction for the purposes of this18
Subsection relating to penalties for second, third, or subsequent offenders.19
(e) A conviction for the violation of any other statute or ordinance with20
the same elements as R.S. 40:966(B)(3) prohibiting the distributing or21
dispensing or possession with intent to distribute or dispense synthetic22
cannabinoids shall be considered as a prior conviction for the purposes of this23
Subsection relating to penalties for second, third, or subsequent offenders.24
* * *25
§982. Second or subsequent offenses26
A. Any Except as provided in Subsection C of this Section, any person27
convicted of any offense under this part, if the offense is a second or subsequent28
offense, shall be sentenced to a term of imprisonment that is twice that otherwise29 SB NO. 323
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authorized or to payment of a fine that is twice that otherwise authorized, or both.1
If the conviction is for an offense punishable under R.S. 40:966(B), R.S. 40:967(B),2
R.S. 40:968(B) or R.S. 40:969(B), and if it is the offender's second or subsequent3
offense, the court may impose in addition to any term of imprisonment and fine,4
twice the special parole term otherwise authorized.5
B. For Except as provided in Subsection C of this Section, for purposes6
of this section Section, an offense shall be considered a second or subsequent7
offense, if, prior to the commission of such offense, the offender had at any time8
been convicted of any violation of this state, the United States, any other state of or9
any foreign country, relating to the unlawful use, possession, production,10
manufacturing, distribution, or dispensation of any narcotic drug, marijuana,11
depressant, stimulant, or hallucinogenic drugs.12
C. This Section does not apply to an offense punishable under R.S.13
40:966(E)(1).14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Morrell (SB 323)
Present law provides penalties for the present law crimes of distribution or possession with
intent to distribute marijuana and possession of synthetic cannabinoids.
Present law provides that on a first conviction for possession of marijuana or synthetic
cannabinoids, the offender is to be fined up to $500, imprisoned for up to six months, or
both.
Present law provides that on a second conviction for possession of marijuana or synthetic
cannabinoids, the offender is to be fined between $250 and $2,000, imprisoned with or
without hard labor for up to five years, or both. Present law further provides that if the court
places the offender on probation, the probation must require the offender to participate in a
court-approved substance abuse program and perform four eight-hour days of court-
approved community service, with any costs associated with probation to be paid by the SB NO. 323
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words in boldface type and underscored are additions.
offender.
Present law provides that on a third or subsequent conviction for possession of marijuana
or synthetic cannabinoids, the offender is to be imprisoned with or without hard labor for up
to 20 years, and also may be fined up to $5,000.
Present law provides that a conviction for the violation of any other statute or ordinance with
the same elements as present law relative to simple possession of marijuana or synthetic
cannabinoids is considered to be a prior conviction for the purposes of present law penalties
for second, third, or subsequent offenders.
Present law provides that a conviction for the violation of any other statute or ordinance with
the same elements as present law prohibiting the distributing or dispensing or possession
with intent to distribute or dispense marijuana or synthetic cannabinoids is considered to be
a prior conviction for the purposes of present law penalties for second, third, or subsequent
offenders.
Proposed law reduces the penalty for possession of marijuana for any offense, not only first
offense, to a fine of up to $100, or imprisonment for up to six months, or both.
Proposed law retains the present law penalties for first and subsequent offenses relative to
possession of synthetic cannabinoids.
Proposed law retains present law relative to prior convictions of possession of synthetic
cannabinoids.
Present law provides relative to enhanced sentencing for second and subsequent violations
of the Uniform Controlled Dangerous Substances Law.
Proposed law retains present law except to exclude possession of marijuana from these
enhanced sentencing provisions of present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:966(E) and 982)