Last verified: April 2026
The Statutory Framework — LRS §40:966
Louisiana cannabis penalties live in LRS Title 40, Chapter 4 — the Uniform Controlled Dangerous Substances Law. Marijuana sits in Schedule I, governed primarily by LRS §40:966, which covers production, manufacture, distribution, and possession of Schedule I substances. Paraphernalia is governed separately under LRS §40:1023.
The Full Penalty Schedule
| Quantity | Charge | Maximum Penalty |
|---|---|---|
| 14 g or less | Misdemeanor (HB 652, 2021) | Up to $100 fine. No jail time. Regardless of prior offenses. |
| 14 g – 2.5 lbs | Misdemeanor (1st offense); felony on subsequent offenses | Up to 6 months / $500 (1st) |
| 2.5 – 60 lbs | Felony | 2–10 years / up to $30,000 |
| 60 – 2,000 lbs | Felony | 5–30 years / up to $100,000 |
| 2,000 – 10,000 lbs | Felony | 10–40 years / up to $400,000 |
| 10,000+ lbs | Felony | 25–40 years / up to $1,000,000 |
Source: LRS §40:966; HB 652 (2021), effective August 1, 2021. Penalties escalate with prior convictions, school-zone proximity, and presence of minors.
Distribution, Cultivation, Paraphernalia
Manufacture, distribution, or possession with intent to distribute marijuana is governed by LRS §40:966(A). Penalties scale with weight and presence of minors or schools.
- Cultivation is treated as manufacture — even a few plants can be charged as production.
- Sale of any amount is prosecuted regardless of intent. There is no Louisiana "social-share" exception.
- Distribution within 1,000 feet of a school or playground triggers enhanced penalties under separate statute.
How HB 652 Changed the Misdemeanor Tier
Pre-HB 652 (before August 1, 2021), Louisiana cannabis possession penalties looked like this:
- 1st offense: up to 15 days jail / $300 fine.
- 2nd offense: up to 5 years and $2,500 (felony).
- 3rd offense: up to 20 years and $5,000 (felony).
HB 652 (2021) collapsed that escalation for 14 g or less: $100 maximum fine, no jail, regardless of priors. See full HB 652 page.
The Practical Reality of Possession Stops
- Orleans Parish — NOPD cite-and-release; DA Williams declination policy. Most ≤14 g cases never reach prosecution.
- East Baton Rouge — Citation issued under HB 652; cases proceed to municipal court.
- St. Tammany Parish — Citation plus often paraphernalia charge plus DA's office prosecutorial discretion.
- Rural I-10 / I-49 — Traffic stops with plain-view cannabis often add federal civil-forfeiture exposure for cash and vehicles.
- Federal land — National forests, military installations, NASA Michoud are federal jurisdiction; HB 652 does not apply.
Federal Implications
A possession citation under HB 652 — even with no jail and a $100 fine — generates a court record that can affect federal employment, security clearance adjudications, federal student aid eligibility, and immigration adjudications. Federal employers and adjudicators do not distinguish between "decriminalized" and "criminal."
Possession with Intent to Distribute
The same physical quantity of cannabis can be charged as possession or as possession with intent to distribute (PWID) depending on:
- Packaging (multiple individual baggies suggest intent).
- Cash (large quantities suggest intent).
- Scales (a digital scale suggests intent).
- Communications (text messages, ledgers, customer lists).
- Quantity-per-person ratios (a passenger-share trip vs. a single-user trip).
PWID is a felony regardless of weight, with significantly higher penalties than simple possession of the same amount.
Trafficking Enhancements
Above 2.5 pounds, possession penalties shift into the trafficking schedule with mandatory-minimum-style sentencing logic. Above 60 lbs the case is generally federalized for prosecution, with federal sentencing guidelines applying. Defense attorneys often work to keep weight allegations below the 60-lb federal threshold.
School-Zone Enhancements
Cannabis offenses committed within 1,000 feet of a school, public housing, or daycare facility carry enhanced penalties. The school-zone enhancement is widely available because Louisiana cities are heavily school-zoned; defense bar challenges focus on whether the prosecution can prove the offense location with sufficient precision.
Probation and Parole
Louisiana probation, parole, and felony drug-court conditions impose zero-tolerance for cannabis. A positive THC test during probation can trigger revocation and imposition of the underlying suspended sentence — even from a single Mardi Gras-weekend incident in Orleans Parish.
Expungement
Louisiana expungement is governed by LRS §44:9 and is more accessible for misdemeanor cannabis possessions post-HB 652 than for felony convictions. Generally:
- Misdemeanor possession — eligible after 5 years from completion of sentence.
- Felony possession — eligible after 10 years; subject to court discretion.
- Conviction with PWID — generally not expungeable.
The Louisiana State Bar Association maintains a Lawyer Referral Service for expungement consultations.
Reading the Statute Yourself
- LRS §40:966 — full text
- LRS §40:1023 — paraphernalia
- Louisiana State Bar Association — Lawyer Referral Service
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org
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