Louisiana Cannabis Laws & Penalties Explained

Key Takeaways

Cannabis is illegal for recreational use in Louisiana, although possession of up to 14 grams is decriminalized ($100 fine only).
Medical marijuana is legal in Louisiana, with a recommendation from a state-licensed physician, with a possession limit of up to 2.5 oz every 14 days.
Delta-8 THC is legal in the state.

Weed is legal for medical users in Louisiana but not for recreational use.

However, the state has decriminalized possession of small amounts of marijuana, with possession of less than 14 grams punishable by a fine and never with jail time.

The medical program has been improved substantially and now allows patients to get up to 2 ounces (71 grams) of flower every 14 days.

In short, things are getting more relaxed in the state all the time, and as long as you learn some basics, you can probably avoid problems with Louisiana’s weed laws.

Is Weed Legal in Louisiana?

Weed is legal in Louisiana for medical use and decriminalized for recreational use. Medical marijuana patients can buy up to 2.5 ounces of flower per fortnight.

Is Recreational Weed Legal in Louisiana?

Louisiana recreational weed laws align with federal law, so cannabis is illegal to use or possess for recreational purposes.

This is because marijuana is listed in the Louisiana controlled substances bill, and so unless it is explicitly legalized it will always be illegal in the state.

The only exception is the THC and other cannabinoids in hemp, as defined in state law (discussed below).

Penalties for Possession

The penalties for marijuana possession in Louisiana start off pretty light but get more severe very quickly. The only saving grace is the decriminalization for small amounts.

For less than 14 grams, there is no jail time. However, you will be fined up to $100. This fine is the same no matter how many times you’re caught with weed in small amounts.
For more than 14 grams but less than 2.5 pounds (first offense), you’ll be imprisoned in the parish jail for up to 6 months, fined up to $500 or both.
For a second offense with the same amounts (within 2 years of finishing the sentence), the maximum fine increases to $1,000 and the jail time is the same.
For a third offense with the same amounts, the maximum fine increases to $2,500 and you can be jailed for up to 2 years.
For a fourth or subsequent conviction with the same amounts, the fine increases to a maximum of $5,000 and jail time can reach 8 years.
For over 2.5 pounds, it’s considered a felony and is punishable by between 1 and 10 years in prison (1 year mandatory minimum) and a fine of up to $50,000.

Is Medical Marijuana Legal in Louisiana?

Medical marijuana is legal in Louisiana and technically has been since 1991.

At this point, Act 874 made it legal to “prescribe” medical marijuana in the state, but the term “prescribe” opens doctors up to issues with federal law (you can’t prescribe a Schedule I drug), and the bill didn’t include provisions for the sale or possession of medical cannabis.

It wasn’t until 2016 and SB 271 that Louisiana medical marijuana law really got going (pages 1 and 2, section A.(1)). This changed “prescribe” to “recommend,” included the requirement that the marijuana is in processed, non-smokeable forms and allowed up to 10 pharmacies to sell medical marijuana products.

Future legislation clarified some details and expanded the provisions. For example, the list of qualifying conditions was expanded, the limit on the number of patients a doctor could have and the requirement to visit them every 90 days was removed, and finally a provision was added allowing marijuana to be used for any debilitating condition the physician is qualified to treat, essentially removing the need for a fixed list.

The biggest and most important change came in the form of HB 391, which made a simple change (pages 1 and 2, section A.(1)) to the wording to allow smokeable and “raw” (i.e. flower) forms of marijuana. This brought the Louisiana medical marijuana program in line with most of the ones around the country.

Medical Marijuana Patient Possession Limits

The possession limit under the Louisiana medical marijuana program was set by HB 391 to be 2.5 ounces (71 grams) dispensed every two weeks (page 2, section (5)(a)).

They don’t explicitly state a possession limit, as such, but in the pre-flower laws, they state that you’re allowed to have a one-month supply of non-smokeable cannabis products.

However, to stay on the right side of the law, it’s best to stick to 2.5 ounces as a maximum to have with you at any time.

How to Get a Medical Marijuana Card in Louisiana?

There is no Louisiana “medical marijuana card,” but you do need a physician’s recommendation to get medical marijuana from a pharmacy, as well as a state-issued ID.

Getting the medical marijuana recommendation works basically in the same way as getting the card in other states, except you only really have to do the first step.

Despite recommendations being at your medical professional’s discretion (regardless of the condition), there is still a list of qualifying conditions for the Louisiana medical marijuana program:

Cancer.
Glaucoma.
Alzheimer’s disease.
Amyotrophic lateral sclerosis (ALS).
Huntington’s disease.
Lewy body dementia.
Motor neuron disease.
Parkinson’s disease.
Spinal muscular atrophy.
HIV or AIDS
Cachexia or wasting syndrome.
Seizure disorders.
Epilepsy.
Spasticity.
Severe muscle spasms.
Intractable pain.
Crohn’s disease.
Muscular dystrophy.
Multiple sclerosis.
Posttraumatic stress disorder (PTSD).
In autism spectrum disorder, repetitive or self-stimulatory behavior that threatens the physical health of the person, avoidance of others or inability to communicate, self injuring behavior, physically aggressive or destructive behavior.
Traumatic brain injury.
A concussion diagnosed by an authorized clinician.
Chronic pain associated with fibromyalgia.
Chronic pain associated with sickle cell disease.
Any condition for which a patient is receiving hospice care or palliative care.
Any condition not listed which an authorized clinician “considers debilitating to an individual patient”

If your doctor diagnoses you with one of these conditions and recommends cannabis for your treatment, then he or she will issue a recommendation to the pharmacy of your choice. Then you simply have to go to the pharmacy with state-issued ID, and they will verify you and allow you to make a purchase. You can request a copy of the certification from your pharmacy, if you like.

It’s important to note that this is not an exhaustive list, as the last point makes clear, anything your doctor considers “debilitating” and would be helped by cannabis is a qualifying condition.

Can You Consume Weed in Public?

You cannot consume weed in public in Louisiana, even if you’re an approved medical patient.

However, since there are no laws directly addressing this, the punishment would likely be for possession, and unless you had more than 14 grams, this would be a $100 fine.

There is a law addressing smoking in a car (page 1, section §300.4.1), whether as a driver or as a passenger, which also carries a $100 fine as punishment.

In short, it’s illegal to consume weed in public in Louisiana, and it would likely be punished with a $100 fine.

Can You Drive Under the Influence?

It is illegal to drive under the influence of weed in Louisiana, as it is in every state in the country.

First off, the state has an implied consent law, which means that anybody driving on the roads is already considered to have given consent to testing of their blood, breath or urine to look for controlled substances or alcohol.

If you’re found to be driving under the influence, the punishments are:

For a first offense, it’s considered a misdemeanor. Punishments include a fine of between $300 and $1,000 (plus fees), between 10 days and 6 months in jail and license suspension for 90 days. The sentence can be suspended at the court’s discretion if the individual completes 48 hours in jail, or does no less than 32 hours of court-approved community service, attends a court-approved substance abuse program, completes a driver improvement program and possibly has an ignition interlock fitted to their vehicle.
For a second offense, it’s still a misdemeanor, but fines increase to $750 to $1,000 (plus fees), the jail-time increases to between 30 days and 6 months, and your license will be suspended for a year. As above, aside from the initial 48 hours in jail, the remainder of the sentence can be replaced with either 15 days in jail, or 240 hours of community service, in addition to drug rehab and driver improvement programs as described above.
For a third offense, it’s a felony, and the fine increases to $2,000 (mandatory), as well as between 1 to 5 years imprisonment and your license being suspended for 2 years. A minimum of 1 year in jail can only be avoided if you’re accepted into a drug division probation program.
For a fourth or subsequent offense, the mandatory fine increases to $5,000, and you’ll get between 10 and 30 years in jail, with the first two years being mandatory unless you’re accepted into a drug division probation program. Your license will also be suspended for 2 years.

Is Delta-8 THC Legal in Louisiana?

Yes, delta-8 THC is legal in Louisiana.

In 2019, the state passed HB 491, which defines (page 3, lines 11-15) industrial hemp as any Cannabis sativa L. plant (including derivatives, extracts and so on) containing less than 0.3% delta-9 THC by dry weight.

In other words, Louisiana defines hemp in the same way as the federal government and so delta-8 THC is de facto legal, because it is a component of hemp and only the delta-9 THC levels are limited by the law.

However, subsequent changes to the law clarified that the maximum THC concentration (of all THCs) cannot exceed 8 mg per serving. Delta-8 THC is still legal within these limits, although it can also only be sold to adults aged 21 or over.

Is Weed Decriminalized in Louisiana?

Weed is decriminalized in Louisiana.

In June 2021, HB 652 was signed into law. This bill decriminalizes possession of 14 grams (0.49 oz.) or less of marijuana (page 2, lines 6-8), making it only punishable by a $100 fine and analogous to a traffic violation. This is true state-wide, so if you’re looking to use marijuana recreationally, keeping the quantity below 14 grams is the safest way to go.

If you’re wondering “is weed decriminalized in New Orleans?” this means it is, by definition, but also the city has actually gone further than the state, passing three bills in 2021. These bills, taken together, basically pardon around 10,000 convictions for cannabis possession and any pending charges, and any new penalty for cannabis possession will be immediately forgiven.

The only time you’ll actually have to pay a fine is if you smoke cannabis in public, in which case you’ll be fined under the Smoke-Free Air Act. For New Orleans, it’s about as close as you can get to legalization without actually legalizing.

Can You Grow Cannabis in Louisiana?

Growing weed is not legal in Louisiana, and punishments in this case are quite harsh.

If the overall weight of the marijuana is less than 2.5 pounds, you’ll be sentenced to between 1 and 10 years in prison, and will be fined up to $50,000.

If your marijuana weighs more than this, the maximum prison sentence increases to 20 years.

When Will Weed Be Legal in Louisiana? The Future Outlook

The Marijuana Policy Project (MPP) has a good run-down of the recent developments with Louisiana weed law, and overall there is cause for hope of legalization in the coming years.

With the decriminalization of possession of small amounts already in place, and three attempts to pass a legalization bill in 2024, the momentum is building for more meaningful cannabis law form. Polling shows that 70% of Louisiana residents support the legalization of cannabis.

The only bill passed in 2024 reduced penalties for possessing paraphernalia, but none of the bills that would have legalized cannabis or put the issue to voters got very far through the process.

However, there is clearly a push to do this from both the legislature and citizens, so we can expect more bills proposed in coming years. The state may successfully legalize marijuana by 2026.

Conclusion

Louisiana weed laws are getting better all the time. From having a kind of useless medical cannabis bill initially to only allowing non-smokeable forms of marijuana to a limit of 2.5 ounces a fortnight, the progress may have been slow but it has been steady. And with state-wide decriminalization, there is a lot to be happy about for stoners in the state.

Legalization might be some way off, but the state is already walking down that road.

Is Cannabis Legal in Louisiana?

Lee Johnson