HLS 21RS-963 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 652
BY REPRESENTATIVES GLOVER, WILFORD CARTER, COX, GREEN, HUGHES,
JONES, LANDRY, MARCELLE, NELSON, PIERRE, AND SELDERS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTROLLED SUBSTANCES: Provides relative to penalties for possession of marijuana
1 AN ACT
2To amend and reenact R.S. 40:966(C)(2)(a), (d), (e)(i) and (f)(i), relative to marijuana; to
3 provide relative to penalties for possession of marijuana; to amend criminal penalties
4 for a first or subsequent conviction of possession of marijuana; to provide relative
5 to penalties for the possession of certain amounts; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:966(C)(2)(a), (d), (e)(i) and (f)(i) are hereby amended and
8reenacted to read as follows:
9 ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs
10 listed in Schedule I; possession of marijuana, synthetic cannabinoids, and
11 heroin
12 * * *
13 C. Possession. It is unlawful for any person knowingly or intentionally to
14 possess a controlled dangerous substance classified in Schedule I unless such
15 substance was obtained directly, or pursuant to a valid prescription or order, from a
16 practitioner or as provided in R.S. 40:978, while acting in the course of his
17 professional practice, or except as otherwise authorized by this Part. Any person
18 who violates this Subsection with respect to:
19 * * *
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1 (2) A substance classified in Schedule I that is marijuana,
2 tetrahydrocannabinol, or chemical derivatives thereof, shall be punished as follows:
3 (a)(i) On a first conviction or any subsequent conviction, wherein the
4 offender possesses fourteen grams or less, the offender shall be fined not more than
5 three one hundred dollars, imprisoned in the parish jail for not more than fifteen
6 days, or both.
7 (ii) If an offender upon whom a fine has been imposed under this
8 Subparagraph alleges indigency, or otherwise fails to pay the imposed fine, the court
9 shall determine whether the defendant has willfully refused to pay or has made bona
10 fide efforts to legally acquire resources to pay. If an offender has not willfully
11 refused to pay and has made bona fide efforts to attempt to pay the fine imposed, the
12 court shall use its discretion to alternatives, including installment payments or
13 community service.
14 (iii) This Subparagraph shall be enforced by use of summons in lieu of
15 custodial arrest, in accordance with Code of Criminal Procedure Article 211.
16 * * *
17 (d) On a second conviction, wherein the offender possesses more than
18 fourteen grams, the offender shall be fined not more than one thousand dollars,
19 imprisoned in the parish jail for not more than six months, or both.
20 (e)(i) On a third conviction, wherein the offender possesses more than
21 fourteen grams, the offender shall be sentenced to imprisonment, with or without
22 hard labor, for not more than two years, shall be fined not more than two thousand
23 five hundred dollars.
24 * * *
25 (f)(i) On a fourth or subsequent conviction, wherein the offender possesses
26 more than fourteen grams, the offender shall be sentenced to imprisonment with or
27 without hard labor for not more than eight years, shall be fined not more than five
28 thousand dollars, or both.
29 * * *
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HB NO. 652
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 652 Reengrossed 2021 Regular Session Glover
Abstract: Reduces the criminal penalties for a first conviction of marijuana when the
offender possesses 14 grams or less.
Present law provides for the following criminal penalties with regard to a first conviction of
possession of marijuana.
(1)Offender possesses 14 grams or less - a fine of up to $300, imprisonment for not
more than 15 days, or both.
(2)Offender possesses more than 14 grams - a fine of up to $500, imprisonment for not
more than six months, or both.
Proposed law provides that the penalty for possession of 14 grams or less of marijuana for
first or subsequent convictions is a fine of up to $100.
Proposed law provides that increased present law penalties for second and subsequent
convictions apply to possession of more than 14 grams.
Proposed law further provides that if an offender upon whom a fine has been imposed
alleges indigency, or otherwise fails to pay the imposed fine, the court shall determine
whether the defendant has willfully refused to pay or has made bona fide efforts to legally
acquire resources to pay. If an offender has not willfully refused to pay and has made bona
fide efforts to attempt to pay the fine imposed, the court shall use its discretion to
alternatives, including installment payments or community service.
Proposed law provides for enforcement of proposed law by use of summons.
(Amends R.S. 40:966(C)(2)(a), (d), (e)(i) and (f)(i))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Restore present law penalties for first convictions of possession of marijuana of
14 grams or less.
2. Provide that present law penalties of a fine of not more than $300 or
imprisonment in the parish jail for not more than 15 days, or both for the
possession of 14 grams or less apply to second and subsequent convictions.
The House Floor Amendments to the engrossed bill:
1. Reduce the fine from $300 to $100 for first and subsequent convictions of
possession of marijuana of 14 grams or less.
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2. Remove jail time for first and subsequent convictions of possession of marijuana
for 14 grams or less.
3. Provide that additional penalties for second or subsequent convictions apply only
to convictions of possession of marijuana of more than 14 grams.
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