HLS 20RS-102 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 49
BY REPRESENTATIVE MARCELLE
DRUGS/CONTROLLED: Provides relative to penalties for possession of marijuana
1 AN ACT
2To amend and reenact R.S. 40:966(C)(2), relative to marijuana; to provide relative to
3 penalties for possession of marijuana; to amend criminal penalties for a first
4 conviction of possession of marijuana; to provide relative to penalties when the
5 amount possessed is twenty-eight grams or more; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:966(C)(2) is hereby amended and reenacted to read as follows:
8 ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs
9 listed in Schedule I; possession of marijuana, synthetic cannabinoids, and
10 heroin
11 * * *
12 C. Possession. It is unlawful for any person knowingly or intentionally to
13 possess a controlled dangerous substance classified in Schedule I unless such
14 substance was obtained directly, or pursuant to a valid prescription or order, from a
15 practitioner or as provided in R.S. 40:978, while acting in the course of his
16 professional practice, or except as otherwise authorized by this Part. Any person
17 who violates this Subsection with respect to:
18 * * *
19 (2) A substance classified in Schedule I that is marijuana,
20 tetrahydrocannabinol, or chemical derivatives thereof, shall be punished as follows:
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1 (a) On a first conviction, wherein the offender possesses fourteen grams or
2 less, the offender shall be fined not more than three hundred dollars, imprisoned in
3 the parish jail for not more than fifteen days, or both or sentenced to not more than
4 forty-eight hours of court-approved community service activities.
5 (b) On a first conviction, wherein the offender possesses more than fourteen
6 grams but less than twenty-eight grams, the offender shall be fined not more than
7 five three hundred dollars, imprisoned in the parish jail for not more than six months,
8 or both. In addition, the court may sentence the offender to perform not more than
9 forty-eight hours of court-approved community service activities.
10 (c) On a first conviction, wherein the offender possesses twenty-eight grams
11 or more, the offender shall be fined not more than five hundred dollars, imprisoned
12 in the parish jail for not more than six months, or both. In addition, the court may
13 sentence the offender to perform not more than forty-eight hours of court-approved
14 community service activities.
15 (c)(d) Any person who has been sentenced under the provisions of
16 Subparagraph (a) or (b) (a), (b), or (c) of this Paragraph and who has not been
17 convicted of any other violation of a statute or ordinance prohibiting the possession
18 of marijuana for a period of two years from the date of completion of sentence,
19 probation, parole, or suspension of sentence shall not have the conviction used as a
20 predicate conviction for enhancement purposes. The provisions of this Paragraph
21 shall occur only once with respect to any person.
22 (d)(e) On a second conviction the offender shall be fined not more than one
23 thousand dollars, imprisoned in the parish jail for not more than six months, or both.
24 (e)(f)(i) On a third conviction the offender shall be sentenced to
25 imprisonment, with or without hard labor, for not more than two years, shall be fined
26 not more than two thousand five hundred dollars.
27 (ii) If the court places the offender on probation, the probation shall provide
28 for a minimum condition that he participate in a court-approved substance abuse
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HB NO. 49
1 program and perform four eight-hour days of court-approved community service
2 activities. Any costs associated with probation shall be paid by the offender.
3 (f)(g)(i) On a fourth or subsequent conviction the offender shall be sentenced
4 to imprisonment with or without hard labor for not more than eight years, shall be
5 fined not more than five thousand dollars, or both.
6 (ii) If the court places the offender on probation, the probation shall provide
7 for a minimum condition that he participate in a court-approved substance abuse
8 program and perform four eight-hour days of court-approved community service
9 activities. Any costs associated with probation shall be paid by the offender.
10 (g)(h) Except as provided in Subparagraph (c) (d) of this Paragraph, a
11 conviction for the violation of any other statute or ordinance with the same elements
12 as Subsection C of this Section prohibiting the possession of marijuana,
13 tetrahydrocannabinol or chemical derivatives thereof, shall be considered as a prior
14 conviction for the purposes of this Subsection relating to penalties for second, third,
15 or subsequent offenders.
16 (h)(i) Except as provided in Subparagraph (c) (d) of this Paragraph, a
17 conviction for the violation of any other statute or ordinance with the same elements
18 as Paragraph (B)(2) of this Section prohibiting the distributing or dispensing or
19 possession with intent to distribute or dispense marijuana, tetrahydrocannabinol or
20 chemical derivatives thereof, or synthetic cannabinoids shall be considered as a prior
21 conviction for the purposes of this Subsection relating to penalties for second, third,
22 or subsequent offenders.
23 * * *
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 49 Original 2020 Regular Session Marcelle
Abstract: Amends the criminal penalties for a first conviction of possession of marijuana.
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HB NO. 49
Present law provides for the following penalties with regard to a first conviction of
possession of marijuana:
(1)Offender possesses 14 grams or less - fined up to $300, imprisoned for not more than
15 days, or both.
(2)Offender possesses more than 14 grams - fined up to $500, imprisoned for not more
than six months, or both.
Proposed law amends the penalties for a first conviction of possession of marijuana as
follows:
(1)Offender possesses 14 grams or less - fined up to $300 or sentenced to not more than
48 hours of court-approved community service. Removes the present law term of
imprisonment.
(2)Offender possesses more than 14 grams but less than 28 grams - fined up to $300,
imprisoned for not more than six months, or both. In addition, the court may
sentence the offender to perform not more than 48 hours of court-approved
community service.
(3)Offender possesses 28 grams or more - fined up to $500, imprisoned for not more
than six months, or both. In addition, the court may sentence the offender to perform
not more than 48 hours of court-approved community service.
(Amends R.S. 40:966(C)(2))
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