HLS 18RS-551 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 274
BY REPRESENTATIVE JORDAN
CONTROLLED SUBSTANCES: Provides for the decriminalization of marijuana
possession and distribution
1 AN ACT
2To amend and reenact R.S. 40:966(B)(2)(introductory paragraph) and (D)(1) and to repeal
3 R.S. 40:964(Schedule I)(C)(19) and 966(C)(2) and (F), relative to marijuana; to
4 remove criminal penalties associated with the possession, distribution, or dispensing
5 of marijuana; to provide for a contingent effective date; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:966(B)(2)(introductory paragraph) and (D)(1) are hereby
9amended and reenacted to read as follows:
10 ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs
11 listed in Schedule I; possession of marijuana, possession of synthetic
12 cannabinoids,; possession of heroin
13 * * *
14 B. Violations of Subsection A. Any person who violates Subsection A of
15 this Section with respect to:
16 * * *
17 (2) A substance classified in Schedule I which is marijuana,
18 tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic
19 cannabinoids for an amount of:
20 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-551 ORIGINAL
HB NO. 274
1 D. If a person knowingly or intentionally possesses a controlled substance
2 as classified in Schedule I, unless such substance was obtained directly or pursuant
3 to a valid prescription or order from a practitioner, as provided in R.S. 40:978, while
4 acting in the course of his professional practice, where the amount of the controlled
5 substance is equal to or above the following weights, it shall be considered a
6 violation of Subsection A of this Section:
7 (1) For marijuana, tetrahydrocannabinol, synthetic cannabinoids, or chemical
8 derivatives thereof, two and one-half pounds.
9 * * *
10 Section 2. R.S. 40:964(Schedule I)(C)(19) and 966(C)(2) and (F) are hereby repealed
11in their entirety.
12 Section 3. This Act shall become effective if the legislature provides for a statutory
13regulatory system for the legal sale and distribution of marijuana and establishes a sales tax
14on those sales.
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)]
HB 274 Original 2018 Regular Session Jordan
Abstract: Decriminalizes the possession and distribution of marijuana contingent upon
development of a statutory regulatory system and establishment of a sales tax.
Present law provides for the regulation of Controlled Dangerous Substances, and prohibits
the possession, distribution, dispensing, or possession with intent to distribute or dispense
marijuana.
Proposed law removes those criminal penalties contingent upon the legislature providing for
a statutory regulatory system for the legal sale and distribution of marijuana and establishing
a sales tax on those sales.
(Amends R.S. 40:966(B)(2)(intro. para.) and (D)(1); Repeals R.S. 40:964(Schedule I)(C)(19)
and 966(C)(2) and (F))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.