HLS 23RS-258 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 24
BY REPRESENTATIVE NEWELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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)(38) 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; to provide for applicability;
6 and to provide for related 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, synthetic cannabinoids, and
12 heroin
13 * * *
14 B. Violations of Subsection A. Any person who violates Subsection A of this
15 Section with respect to:
16 * * *
17 (2) A substance classified in Schedule I which is marijuana,
18 tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or a
19 synthetic cannabinoids cannabinoid for an amount of:
20 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-258 ORIGINAL
HB NO. 24
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 R.S. 40:964(Schedule I)(C)(38) and 966(C)(2) and (F) are hereby repealed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.
15 Section 4. The provisions of this Act shall not apply to the offense of operating a
16vehicle while intoxicated, as provided for in R.S. 14:98(A)(1)(d)(i) and (ii) and (e)(i).
17 Section 5.(A) The provisions of this Act shall not be construed to prohibit any
18employer from enforcing or adopting reasonable zero tolerance policies or drug free
19workplace policies, or workplace policies concerning the drug testing, smoking, consuming,
20storing, or using marijuana in the work place or while an employee is designated as being
21on-call.
22 (B) The provisions of this Act shall not prohibit an employer from disciplining or
23terminating an employee for violating an employer's employment policy or workplace drug
24policy, provided that such policies are nondiscriminatory.
25 Section 6. The provisions of this Act shall not be construed to prohibit any school
26policy, pursuant to R.S. 17:416(C)(2), from being enforced or adopted relative to drug free
27zones.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-258 ORIGINAL
HB NO. 24
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 24 Original 2023 Regular Session Newell
Abstract: Decriminalizes the possession and distribution of marijuana contingent upon
legislative enactment of a statutory regulatory system and establishment of a sales
tax and provides relative to applicability.
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.
Provides that proposed law shall not apply to the present law offense of operating a vehicle
while intoxicated (R.S. 14:98(A)(1)(d)(i) and (ii) and (e)(i)), shall not prohibit any employer
from enforcing or adopting reasonable zero tolerance policies or drug free workplace
policies, and shall not be construed to prohibit any school policy, pursuant to present law
(R.S. 17:416(C)(2)) from being enforced or adopted relative to drug free zones.
(Amends R.S. 40:966(B)(2)(intro. para.) and (D)(1); Repeals R.S. 40:964(Schedule I)(C)(38)
and 966(C)(2) and (F))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.