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Cannabis in Louisiana is legal only for medicinal use; recreational possession of 14 grams or less is decriminalized punishable by a fine of no more than $100. Medicinal use is allowed with a physician's written recommendation for any debilitating condition. Prior to statewide decriminalization, possession of small amounts of marijuana was first decriminalized in the cities of New Orleans, Baton Rouge, and Shreveport. [1]
Sources give varying dates for the prohibition of cannabis in Louisiana, generally either 1924 [2] or 1927. [3] [4]
Despite this law, and newspaper accounts of contemporaneous cannabis use in New Orleans, in 1930 there were only 30 marijuana convictions in the entire state. [5]
On June 30, 2015, Governor Bobby Jindal signed SB 143, which significantly reduced penalties for possession of cannabis. Under the bill, first time possession is punishable by a $300 fine and 15 days in jail, a second offense by up to a $1,000 fine and six months in jail, a third offense by up a $2,500 fine and up to two years in jail, and fourth or subsequent offenses by up to a $5,000 fine and eight years in prison. [6]
On June 15, 2021, Governor John Bel Edwards signed HB 652 which decriminalized possession of small amounts of marijuana statewide. Under the bill, possession of less than 14 grams of cannabis is punishable by a $100 fine and no threat of jail time for the first and every subsequent offense. The reduced penalties took effect August 1, 2021. Possession of more than 14 grams and illegal distribution still carry harsh penalties. [7] Punishment for possession over 14 grams, distribution, and cultivation can range anywhere from 6 months to 30 years in prison, and $500 to $50,000 in fines. [8]
According to Louisiana legislature, cannabis is described as any part of the cannabis plant that can be used to either grow more of the cannabis plant or any part that can be used as a drug. However, the legislature states that the stems of the plant are not illegal to have as long as the stems are being used for fiber production; the seeds are also allowed to be owned under government law as long as they are not fertile and not capable of growing a new plant. [9]
Despite medical marijuana being decriminalized, it is still possible to be arrested if you are operating a motor vehicle under the influence. [10]
In 1996, a study was performed that studied the bail amounts of white and non-white inmates who were arrested for possession of marijuana. The study took into account race, gender, amount of product on the persons when arrested, and what state the individual lived in. After conducting the study, Lee and Ruiz found that people of color had a much higher bail amount than white individuals who were arrested for the same crime. [11]
On June 30, 2015, Governor Bobby Jindal signed HB 149, which sets up a framework for dispensing marijuana for medical purposes. [12] On Tuesday, August 6, 2019, medical cannabis was dispensed in the state for the first time, supplied by cannabis grower GB Sciences. [13] In August 2020, HB 819, signed by Governor John Bel Edwards, greatly expanded access to medical cannabis. [14] HB 819 allows any licensed doctor in good standing with the state to recommend cannabis for any condition the doctor "considers debilitating to an individual patient and is qualified through his medical education and training to treat." The bill expanded access to candidates with conditions not limited to, but including "neuro-degenerative diseases, traumatic brain injury, chronic pain, and any conditions requiring hospice or palliative care." [10] Louisiana does not assign medical marijuana cards to patients; a doctor's recommendation sent to the patient's local dispensary is the only requirement. Effective January 1st 2022, the law expanded to now allow raw flower marijuana to be purchasable through dispensaries. Possession of up to 2.5oz of cannabis flower will be legal for medicinal purposes. [15] On June 6, 2022, Act 491 was signed by Governor John Bel Edwards expanding dispensary access by allowing existing dispensaries to start an additional dispensary only in their respective region, if they meet a customer requirement of 3500. [16] Currently, dispensaries in Louisiana can only operate in their respective region, assigned to them by the Louisiana Department of Health. As of July 2022, each of the nine regions has only one dispensary. [17] Marijuana plants grown for recreational/medicinal purposes, outside of licensed growers, are not allowed in Louisiana. [18]
A study was conducted of around 1200 people who frequented medical marijuana dispensaries around Louisiana; over 85% of them were of white descent, while only 11% were of black descent. [19] The patients who were interviewed had an average age of 51 with around 65% of them having a history of smoking non-medically prescribed marijuana. These patients were also asked how they ingested the THC/CBD before they were prescribed medical marijuana, with the most common being smoking (no specific form) and the least common being topical cream. Men were also found to be three times more likely to be taking prescription opioids while taking medical marijuana than women. Their findings have also stated that women are much more likely to have suffered some form of psychosis in the past before their medical marijuana prescription. [19]
A study was conducted during the height of the COVID-19 pandemic studying how recreational marijuana usage is prevalent in college students. This study follows 727 individuals located in Louisiana. Louisiana was chosen to be the location of this study since it was one of the states with the highest COVID-19 cases and deaths. [20] The hypothesis of this study is that if people are recreationally smoking marijuana during the pandemic, they will start to attain psychosocial tendencies and lose the ability to function as normal. 184 of these individuals admitted to already having used marijuana recreationally before the pandemic. After conducting this study, the researchers found that these college students were starting to behave differently and started having trouble processing and understanding their own emotions. The marijuana was not said to cause these emotions on their own, but exacerbate the already underlying feelings.[ citation needed ]
In June 2023, several bills passed the Louisiana Legislature to "reform and update" medical cannabis legislation. The Governor of Louisiana is yet to either sign or veto the bills. [21] The Governor of Louisiana however signed a bill into law that implements the “expungement” of certain cannabis criminal records of individuals - based under certain conditions and circumstances (i.e. up to 14g possession and being a first time offender). [22]
The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff.
Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.
In Colorado, cannabis has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in the United States Virgin Islands is legal for recreational use since January 18, 2023, under territorial law. Legislation to legalize was passed by the territorial legislature in 2022, and was signed into law on January 18. Medical use was legalized in 2019 through a bill that passed the Senate 9–4. It remains illegal under federal law.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.
Cannabis in New York has been legal for medical purposes under New York law since 2016, and recreational purposes since 2021. As of 2022, recreational cannabis is for sale legally in the state, only through state-approved dispensaries.
Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in New Hampshire is illegal for recreational use and decriminalized for possession of up to three-quarters of an ounce (21 g) as of July 18, 2017. Medical use is legal through legislation passed in 2013.
Cannabis in Delaware is legal for medicinal and recreational use.
Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.
Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.
