Louisiana 2021 2021 Regular Session

Louisiana House Bill HB652 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)]
HB 652 Engrossed	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 retains present law and extends the present law penalties for second or subsequent
convictions for possession of 14 grams or less.
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))
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.