States that have both a medical marijuana law and have removed jail time for possessing small amounts of marijuana
Updates
Last update: April 05, 2024
The Louisiana Legislature has convened, let’s keep cannabis policy on the agenda!
Over the past decade, the Louisiana State Legislature has made steady, incremental progress to roll back what were among the most draconian cannabis laws in the country. The Legislature passed and expanded medical cannabis laws, stopped incarceration for possessing up to 14 grams of cannabis, and allowed expungements for low-level cannabis offenses.
The Legislature convened on March 11, 2024, with a lot of new legislators representing districts across the Bayou State. Unfortunately, there does not appear to be a strong appetite for cannabis policy reform this session. However, many cannabis policy bills have been filed.
HB54 — Rep. Candace Newell (D) — would set up a regulatory framework for the legal production and sales of cannabis for adults’ use
HB707 — Rep. Edmond Jordan (D) — would set up the regulatory framework for legal production and sales of cannabis for adults’ use, including home grow
HB649 — Rep. Candace Newell (D) — would put the question of legalizing cannabis for adults’ use to voters during the November 2024 election. As written, if passed, the legislature would need to implement the voters’ wishes in 2025.
HB165 — Rep. Deliesha Boyd (D) — would take potential jail time away for possessing cannabis paraphernalia
HB391 — Rep. Deliesha Boyd (D) — would allow governors to issue pardons for certain misdemeanor cannabis offenses
HB331 — Rep. Mandie Landry (D) — would allow municipal and parish employees who are not in a safety-sensitive position to participate in the medical cannabis program
HB 376 — Rep. Neil Riser (R) — would extend the sunset clause on the medical cannabis program from January 1, 2025, until January 1, 2030
SB158 — Sen. Bob Owens (R) — would adjust the way in which the patient count is calculated (from quarterly to two years). This will help medical cannabis pharmacies expand the number of locations.
SB228 — Sen. Patrick McMath (R) — would extend the sunset clause on the medical cannabis program from January 1, 2025, until July 1, 2030. As amended, it would also make the two cultivators/processors independent of LSU and Southern University.
The Louisiana Legislature passes several cannabis policy bills in 2023, but legalization falls short
The Louisiana Legislature’s 2023 session was a fiscal session, meaning legislators could only sponsor five non-budgetary/tax bills, and it was a state election year — traditionally slow sessions concerning cannabis policy reform. Despite these challenges, several cannabis-related bills successfully made it through the legislative process, and were signed by then- Gov. John Bel Edwards:
HB 286 set up a simple process to expunge first-time possession records for possession of 14 grams or less. It caps the fees at $300 and allows these expungements after 90 days rather than five years. This is an integral part of addressing the inequities of cannabis enforcement. For the first time, both the Louisiana Sheriffs Association and the District Attorneys Association worked with MPP and allied organizations to pass this crucial bill.
HB 460 mandated that the Board of Pharmacy release quarterly reports on the number of patients per region (instead of annually). This will help increase access for medical patients by allowing dispensing pharmacies to open satellite locations in their region for every 3,500 patients registered sooner.
SB66 codified telehealth as a method of certifying medical patients (in addition to other telehealth issues).
Also in 2023, Rep. Barbara Freiberg (R) sponsored HB 620, a bill to tax adult-use cannabis once it is legal. Unfortunately, neither her bill nor Rep. Candace Newell’s legalization bill made it out of committee, but we continued to build the case for legalization.
Vicente law firm performed an analysis for MPP on what an adult-use cannabis industry would generate in sales and tax revenue. It forecasts $922 million dollars a year in sales starting in the third year of implementation, bringing in $222 million in annual local and state tax revenue. Using U.S. government data, the forecast estimates that currently there are 435,000 cannabis consumers over the age of 21 in Louisiana.
Meanwhile, during the 2022 legislative off-season, MPP’s Kevin Caldwell chaired a state task force on employment protections for medical cannabis patients. The recommendations were sent to the state legislature for consideration. HB 351, sponsored by Rep. Mandie Landry (D), attempted to implement some of them. The bill passed out of committee but failed to get a House of Representatives floor vote due to opposition from the Louisiana Association of Business and Industry (LABI).
Polling shows Louisiana voters support legalization
The people of Louisiana are ready to rid their state of the overly harsh penalties currently imposed for cannabis offenses. A 2023 poll by Louisiana State University found 70% of respondents support legalizing cannabis for adult-use with 30% opposing. In 2013, only 42% supported legalization in the annual poll.
Louisiana’s largest city has listened to voters: In 2016, the New Orleans City Council unanimously passed an ordinance to decriminalize cannabis possession in the city. Shreveport and East Baton Rouge followed suit. In 2021, the New Orleans City Council approved a package of three ordinances sponsored by Council member Helena Moreno (D) to move the city as close as it can to legalizing cannabis possession. The city pardoned about 10,000 cannabis possession convictions and pending charges. Anyone who receives a summons for cannabis possession under the new ordinances will have it immediately forgiven, with no action needed from the court or the ticketed individual. Smoking cannabis in public remains a ticketable offense under the Smoke-Free Air Act.
In 2021, the legislature decriminalized simple possession of cannabis statewide, making it a ticketable offense. The penalty for possessing up to 14 grams (or 0.49 oz.) of cannabis was reduced to a fine of up to $100. For those unable to pay, the court must use its discretion for alternatives, such as community service or installment payments.
While this is important progress that will save thousands from arrest and jail time, decriminalization doesn’t fix most of the harms created by prohibiting cannabis.
It’s been a busy year in Baton Rouge so far! There were over 20 cannabis-related bills introduced this session. We have seen bipartisan support for both improving the medical program and for criminal justice reforms.