HLS 24RS-806 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 649
BY REPRESENTATIVE NEWELL
CONTROLLED SUBSTANCES: Provides for a proposition election regarding the
legalization of marijuana
1 AN ACT
2To amend and reenact R.S. 40:966(B)(2) and (C)(2), to enact R.S. 40:989.4, and to repeal
3 R.S. 40:964(Schedule I)(C)(19) and 966(D)(1), relative to marijuana; to provide for
4 a proposition election regarding the decriminalization of marijuana; to remove
5 criminal penalties associated with the possession, distribution, or dispensing of
6 marijuana contingent upon the outcome of that election; to provide for a contingent
7 effective date; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:966(B)(2) and (C)(2) are hereby amended and reenacted to read
10as follows:
11 §966. Penalty for distribution or possession with intent to distribute narcotic drugs
12 listed in Schedule I; possession of marijuana, synthetic cannabinoids, and
13 heroin
14 * * *
15 B. Violations of Subsection A. Any person who violates Subsection A of
16 this Section with respect to:
17 * * *
18 (2) A substance classified in Schedule I which is marijuana,
19 tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic
20 cannabinoids for an amount of:
21 * * *
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HB NO. 649
1 C. Possession. It is unlawful for any person knowingly or intentionally to
2 possess a controlled dangerous substance classified in Schedule I unless such
3 substance was obtained directly, or pursuant to a valid prescription or order, from a
4 practitioner or as provided in R.S. 40:978, while acting in the course of his
5 professional practice, or except as otherwise authorized by this Part. Any person
6 who violates this Subsection with respect to:
7 * * *
8 (2) A substance classified in Schedule I that is marijuana,
9 tetrahydrocannabinol, or chemical derivatives thereof, shall be punished as follows:
10 (a)(i) On a first conviction or any subsequent conviction, wherein the
11 offender possesses fourteen grams or less, the offender shall be fined not more than
12 one hundred dollars.
13 (ii) If an offender upon whom a fine has been imposed under this
14 Subparagraph alleges indigency, or otherwise fails to pay the imposed fine, the court
15 shall determine whether the defendant has willfully refused to pay or has made bona
16 fide efforts to legally acquire resources to pay. If an offender has not willfully
17 refused to pay and has made bona fide efforts to attempt to pay the fine imposed, the
18 court shall use its discretion to alternatives, including installment payments or
19 community service.
20 (iii) This Subparagraph shall be enforced by use of summons in lieu of
21 custodial arrest, in accordance with Code of Criminal Procedure Article 211.
22 (b) On a first conviction, wherein the offender possesses more than fourteen
23 grams, the offender shall be fined not more than five hundred dollars, imprisoned in
24 the parish jail for not more than six months, or both.
25 (c) Any person who has been sentenced under the provisions of
26 Subparagraph (a) or (b) of this Paragraph and who has not been convicted of any
27 other violation of a statute or ordinance prohibiting the possession of marijuana for
28 a period of two years from the date of completion of sentence, probation, parole, or
29 suspension of sentence shall not have the conviction used as a predicate conviction
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1 for enhancement purposes. The provisions of this Paragraph shall occur only once
2 with respect to any person.
3 (d) On a second conviction, wherein the offender possesses more than
4 fourteen grams, the offender shall be fined not more than one thousand dollars,
5 imprisoned in the parish jail for not more than six months, or both.
6 (e)(i) On a third conviction, wherein the offender possesses more than
7 fourteen grams, the offender shall be sentenced to imprisonment, with or without
8 hard labor, for not more than two years, shall be fined not more than two thousand
9 five hundred dollars.
10 (ii) If the court places the offender on probation, the probation shall provide
11 for a minimum condition that he participate in a court-approved substance abuse
12 program and perform four eight-hour days of court-approved community service
13 activities. Any costs associated with probation shall be paid by the offender.
14 (f)(i) On a fourth or subsequent conviction, wherein the offender possesses
15 more than fourteen grams, the offender shall be sentenced to imprisonment with or
16 without hard labor for not more than eight years, shall be fined not more than five
17 thousand dollars, or both.
18 (ii) If the court places the offender on probation, the probation shall provide
19 for a minimum condition that he participate in a court-approved substance abuse
20 program and perform four eight-hour days of court-approved community service
21 activities. Any costs associated with probation shall be paid by the offender.
22 (g) Except as provided in Subparagraph (c) of this Paragraph, a conviction
23 for the violation of any other statute or ordinance with the same elements as
24 Subsection C of this Section prohibiting the possession of marijuana,
25 tetrahydrocannabinol or chemical derivatives thereof, shall be considered as a prior
26 conviction for the purposes of this Subsection relating to penalties for second, third,
27 or subsequent offenders.
28 (h) Except as provided in Subparagraph (c) of this Paragraph, a conviction
29 for the violation of any other statute or ordinance with the same elements as
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1 Paragraph (B)(2) of this Section prohibiting the distributing or dispensing or
2 possession with intent to distribute or dispense marijuana, tetrahydrocannabinol or
3 chemical derivatives thereof, or synthetic cannabinoids shall be considered as a prior
4 conviction for the purposes of this Subsection relating to penalties for second, third,
5 or subsequent offenders.
6 * * *
7 Section 2. R.S. 40:989.4 is hereby enacted to read as follows:
8 §989.4. Decriminalization of marijuana; election; ballot language
9 A.(1) At the statewide general election occurring on November 5, 2024, a
10 proposition shall appear on the ballot in every parish to determine whether the
11 possession, distribution, or dispensing of marijuana, tetrahydrocannabinols, or
12 chemical derivatives thereof shall be legal for persons twenty-one years of age or
13 older.
14 (2) The ballot for the election shall state as follows:
15 "PROPOSITION ON DECRIMINALIZATION OF MARIJUANA
16 Shall the possession, distribution, or dispensing of marijuana,
17 tetrahydrocannabinols, or chemical derivatives thereof by persons twenty-one years
18 of age or older no longer be a criminal offense in the state of Louisiana?"
19 B.(1) If a majority of the qualified electors of the election area voting on the
20 proposition approve the proposition, then the possession, distribution, or dispensing
21 of marijuana, tetrahydrocannabinols, or chemical derivatives thereof by persons
22 twenty-one years of age or older shall no longer be a criminal offense subject to law
23 subsequently enacted to provide for the regulation and taxation of marijuana sales.
24 (2) If a majority of the qualified electors of the election area voting on the
25 proposition vote against such proposition, then the possession, distribution, or
26 dispensing of marijuana, tetrahydrocannabinols, or chemical derivatives thereof shall
27 remain illegal as provided by law.
28 C. The secretary of state shall prepare the ballot for the election.
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1 D. Except as otherwise provided, the election required pursuant to this
2 Section shall be conducted in accordance with the Louisiana Election Code.
3 E. Notwithstanding Chapter 8-A of the Louisiana Election Code, the costs
4 of the election required pursuant to this Section shall be borne by the state.
5 Section 3. R.S. 40:964(Schedule I)(C)(19) and 966(D)(1) are hereby repealed in their
6entirety.
7 Section 4. This Section and Sections 2 and 5 of this Act shall become effective on
8August 1, 2024.
9 Section 5. Sections 1 and 3 of this Act shall become effective on or before August
101, 2026, if both of the following occur: (1) a majority of the electors approve the proposition
11to decriminalize marijuana at the election conducted on November 5, 2024, as provided for
12in R.S. 40:989.4, and (2) the legislature provides for a statutory regulatory system for the
13legal sale and distribution of marijuana and establishes a sales tax on those sales prior to
14August 1, 2026.
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 649 Original 2024 Regular Session Newell
Abstract: Enacts a proposition election to determine if marijuana usage should be
decriminalized.
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 authorizes the conducting of an election on Nov. 5, 2024, to determine whether
the possession, distribution, or dispensing of marijuana, tetrahydrocannabinols, or chemical
derivatives thereof by persons 21 years of age or older should no longer be a criminal
offense in the state of La.
Proposed law provides that if a majority of the electors approve the proposition, then the
possession, distribution, or dispensing of marijuana by persons 21 years of age or older shall
no longer be a criminal offense subject to law subsequently enacted to provide for the
regulation and taxation of marijuana sales. If the electors do not approve the proposition
then marijuana remains illegal as provided for in present law.
Proposed law removes those criminal penalties contingent upon: (1) the voters approving
the proposition provided for in proposed law, and (2) the legislature subsequently providing
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HB NO. 649
for a statutory regulatory system for the legal sale and distribution of marijuana and
establishes a sales tax on those sales by Aug. 1, 2026.
(Amends R.S. 40:966(B)(2) and (C)(2); Adds R.S. 40:989.4; Repeals R.S. 40:964(Schedule
I)(C)(19) and 966(D)(1))
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