Louisiana marijuana laws
Louisiana marijuana laws at a glance
Marijuana remains illegal for recreational use in Louisiana, but the state has taken incremental steps to reduce penalties over the past decade. Possession of 14 grams or less is decriminalized, carrying a maximum fine of $100 and no jail time. Larger amounts and repeat offenses still carry misdemeanor or felony penalties, including potential imprisonment. Louisiana also has a functioning medical marijuana program, first effectively established in 2015, that allows qualifying patients to obtain cannabis products through licensed dispensaries.
| Category | Status |
|---|---|
| Recreational use | Illegal |
| Medical marijuana | Legal (since 2015) |
| Decriminalization (14 g or less) | Yes, $100 max fine, no jail |
| Possession over 14 g (1st offense) | Misdemeanor, up to 6 months jail, $500 fine |
| Distribution/cultivation | Felony, 1 to 30 years depending on amount |
| Drug-free zone enhancement | 1.5x maximum sentence |
| Paraphernalia | Fine only, no jail |
Louisiana's marijuana laws have evolved significantly since the state first attempted to allow medical cannabis in 1978. Today, the legal landscape includes statewide decriminalization of small amounts, an expanding medical program, local ordinances in cities like New Orleans, and ongoing legislative debate about full legalization. Despite these reforms, Louisiana still records roughly 9,046 arrests or summons per year for possession, according to FBI data. For a broader comparison of cannabis regulations across the country, see our guide to state marijuana laws.
Possession penalties in Louisiana
Louisiana treats marijuana possession differently based on the amount and the number of prior offenses. Possessing 14 grams or less is a misdemeanor with no possibility of incarceration, regardless of how many prior offenses a person has. Possessing more than 14 grams triggers escalating penalties with each subsequent conviction.
| Offense | Classification | Maximum Jail Time | Maximum Fine |
|---|---|---|---|
| 14 g or less (any offense) | Misdemeanor | None | $100 |
| More than 14 g (1st offense) | Misdemeanor | 6 months | $500 |
| More than 14 g (2nd offense) | Misdemeanor | 6 months | $1,000 |
| More than 14 g (3rd offense) | Misdemeanor | 2 years | $2,500 |
| More than 14 g (4th offense) | Felony | 8 years | $5,000 |
First and second offenders may be eligible for probation. The key statutory references for these penalties are Louisiana Rev. Stat. § 966(C)(2)(a). Possessing 2.5 pounds or more is automatically treated as a manufacturing or distribution offense, which carries far harsher consequences.
Distribution and cultivation penalties
Selling, distributing, or cultivating marijuana in Louisiana is a felony that carries mandatory minimum prison sentences. Penalties increase based on the weight involved, prior convictions, and whether a minor is involved in the transaction.
| Offense | Mandatory Minimum | Maximum Prison Time | Maximum Fine |
|---|---|---|---|
| Less than 2.5 lbs (1st offense) | 1 year* | 10 years | $50,000 |
| More than 2.5 lbs (1st offense) | 1 year* | 20 years | $50,000 |
| Any amount (2nd/subsequent offense) | Doubled | Doubled | Doubled |
| Person over 25 distributing to a minor | 10 years* | 30 years | Per court discretion |
| Distribution to a minor at least 3 years younger | 5 years* | 30 years | Per court discretion |
* Mandatory minimum sentence
These penalties also apply to possession with intent to distribute. For second and subsequent offenses, both the authorized imprisonment term and the fine are doubled. Distribution to minors triggers some of the most severe penalties in Louisiana's criminal code, with mandatory minimums of 5 to 10 years depending on the age difference between the parties. Distributing marijuana to a minor may also result in charges for contributing to the delinquency of a minor.
Medical marijuana in Louisiana
Louisiana's medical marijuana program allows qualifying patients to obtain cannabis products through licensed pharmacies. The program is governed by Louisiana Revised Statute 40:1046. While the state first attempted to legalize medical cannabis in 1978, a functional system was not established until 2015, when Act No. 261 created a workable framework for cultivation and distribution.
| Detail | Information |
|---|---|
| Year effectively legalized | 2015 |
| Qualifying conditions | 30+ specific conditions, plus physician discretion |
| Tax on medical marijuana | 7% |
| Raw/crude marijuana | Limited to patients 21 and over |
| Who can recommend | Physicians and some nurse practitioners |
| Terminally ill patients | May possess/administer in healthcare facilities (2026) |
Legislative history
The road to medical marijuana in Louisiana was long and complicated:
- 1978 (Act No. 725): First law allowing medical marijuana for cancer and glaucoma patients. The Department of Health was instructed to source the substance but never did.
- 1991 (Act No. 874): A second attempt expanded coverage to chemotherapy patients and those with spastic quadriplegia. Rules were promulgated in 1994 (two years past the deadline) in a way that did not actually legalize medical marijuana.
- 2015 (Act No. 261): The first successful medical marijuana law, creating a system for cultivation and distribution.
- 2016 to 2024: Multiple amendments expanded qualifying conditions, authorized marijuana inhalers, allowed nurse practitioners to recommend cannabis, reformed production regulations, and extended the law's expiration date.
Qualifying conditions and access
As of 2022, Louisiana lists 30 specific qualifying conditions for medical marijuana. In addition, physicians may recommend cannabis for any condition they consider debilitating to an individual patient, provided the physician is qualified through medical education and training to treat the condition.
Products are available through licensed dispensaries. Raw or crude marijuana is restricted to patients aged 21 and older (per 2021 La. Acts No. 424). In 2019, marijuana inhalers were added to the list of approved delivery methods.
The content of this article is for educational purposes only and does not constitute medical advice. The information provided should not be used for the diagnosis or treatment of health problems. Always consult with a licensed healthcare professional for advice about any medical concerns.
Terminally ill patients
In 2026, SB 270 was signed into law, allowing terminally ill patients or their caregivers to possess and administer medical cannabis products in healthcare facilities. The bill passed in tight votes and was allowed to become law without the governor's signature on June 1, 2026.
Statewide decriminalization
In 2021, the Louisiana Legislature decriminalized simple possession of small amounts of cannabis statewide. Possessing 14 grams (0.49 ounces) or less became a ticketable offense with a maximum fine of $100 and no possibility of jail time.
| Feature | Detail |
|---|---|
| Amount decriminalized | 14 grams or less |
| Maximum fine | $100 |
| Jail time | None |
| Applies to repeat offenses | Yes |
| Alternatives for inability to pay | Community service or installment payments |
Courts are required to use discretion for those unable to pay the fine, offering alternatives such as community service or installment plans. While this reform was significant, it does not prevent police from issuing summons. Louisiana still records thousands of possession-related encounters each year.
The legislature also passed expungement provisions allowing people with low-level cannabis offenses to clear their records.
Drug-free zone penalties
Louisiana imposes enhanced penalties for marijuana offenses committed within 2,000 feet of a drug-free zone. The maximum sentence for the underlying offense is multiplied by 1.5 times.
| Drug-Free Zone Location | Distance |
|---|---|
| Elementary and high schools | 2,000 feet |
| Colleges and universities | 2,000 feet |
| Playgrounds | 2,000 feet |
| Drug treatment facilities | 2,000 feet |
| Religious buildings | 2,000 feet |
| Public housing | 2,000 feet |
| Child care centers | 2,000 feet |
2026 drug-free zone expansion
In 2026, Governor Jeff Landry signed HB 568 into law, making it a felony to smoke, vape, or "otherwise abuse" cannabis within 2,000 feet of a school, on university property, or on a school bus. This new law mandates jail time of up to one year and a fine of up to $1,000.
The 2,000-foot radius equals approximately 0.38 miles from any school property. In urban and many suburban areas, these zones can encompass nearly entire cities. The governor stated at the bill signing that the law was intended to limit cannabis consumption at high school and college football games.
The 2026 drug-free zone law applies to consumption (smoking, vaping, or other use) of cannabis near schools and universities. In densely populated areas, overlapping 2,000-foot zones can cover a majority of the city, making almost any outdoor cannabis use a potential felony.
Paraphernalia penalties
Possession of marijuana-related paraphernalia is not punishable by jail time in Louisiana. The offense carries only a fine, consistent with the state's broader trend toward reduced penalties for low-level cannabis offenses.
| Offense | Penalty |
|---|---|
| Paraphernalia (1st offense) | $100 fine |
| Paraphernalia (2nd offense) | Up to $500 fine |
No incarceration is authorized for either first or subsequent paraphernalia offenses. This aligns with the broader decriminalization trend in Louisiana for low-level cannabis-related offenses.
Hash and concentrates
Louisiana classifies both plant-form marijuana and tetrahydrocannabinols (including hashish and marijuana concentrates) as Schedule I controlled substances. For criminal justice purposes, the state defines marijuana to include tetrahydrocannabinols and their derivatives.
This means penalties for hash and concentrate offenses are identical to those for plant-form marijuana. The same possession thresholds, distribution penalties, and drug-free zone enhancements apply. Unlike some other states, Louisiana does not maintain a separate penalty schedule for concentrates.
| Substance Type | Classification | Penalty Schedule |
|---|---|---|
| Plant-form marijuana | Schedule I | Standard marijuana penalties |
| Hashish | Schedule I | Same as plant-form marijuana |
| Marijuana concentrates (oils, wax) | Schedule I | Same as plant-form marijuana |
Driving and marijuana
Louisiana criminalizes driving under the influence of any controlled substance, including marijuana. A conviction for any crime involving controlled substances also triggers a mandatory denial of driving privileges, even when the offense itself had nothing to do with driving.
| Consequence | Detail |
|---|---|
| Minimum license suspension | 30 days |
| Maximum license suspension | 1 year |
| Applies to age | 19 and older |
| Triggered by | Any controlled substance conviction |
Any person aged 19 or older convicted of possessing, using, or abusing a controlled substance faces a court-ordered denial of driving privileges for 30 days to 1 year. This collateral consequence affects many people convicted of simple marijuana possession, making it an important consideration for anyone facing cannabis-related charges in Louisiana. Those facing such charges may want to consult a criminal defense attorney.
Hemp and CBD laws
Following the federal Farm Bill of 2018, Louisiana created its own legal framework for industrial hemp. Hemp has been specifically decriminalized under Revised Statute 40:961.1, and the state regulates its cultivation under Revised Statutes 3:1461-73.
| Category | Legal Status |
|---|---|
| Industrial hemp cultivation | Legal with permit |
| CBD products | Legal with permit for sellers |
| Hemp alcoholic beverages | Prohibited |
| Hemp inhalables | Prohibited |
| Hemp promotion program | Established 2022 |
Consumable hemp products
Louisiana requires a permit to sell consumable hemp products and prohibits certain product types, including hemp-infused alcoholic beverages and inhalable hemp products. The laws governing consumable hemp are found in Louisiana Revised Statutes 3:1481-85.
The state also taxes consumable hemp products under Revised Statutes 47:1692-96. Regulations are spread across multiple titles of the Louisiana Administrative Code, including Title 7 (agriculture), Title 61 (taxation), and Title 49 (public health).
In 2022, the legislature created an Industrial Hemp Promotion and Research Program to support the growth and development of Louisiana's hemp industry.
Local decriminalization ordinances
Several Louisiana cities have adopted their own cannabis decriminalization measures that go beyond state law. These local ordinances reflect growing public support for reform at the municipal level.
New Orleans
New Orleans has been the most aggressive Louisiana city in reducing cannabis penalties:
- 2016: The New Orleans City Council unanimously passed an ordinance decriminalizing cannabis possession citywide.
- 2021: The City Council approved three ordinances, sponsored by Councilmember Helena Moreno, to move the city as close as possible to legalizing cannabis possession. The city pardoned approximately 10,000 cannabis possession convictions and pending charges.
- Anyone receiving a summons for cannabis possession under the new ordinances has it immediately forgiven, with no action needed from the court or the individual.
- Smoking cannabis in public remains a ticketable offense under the Smoke-Free Air Act.
Shreveport and Baton Rouge
Shreveport and East Baton Rouge followed New Orleans in adopting local decriminalization measures, reducing penalties for possession within their jurisdictions.
Legalization outlook
Recreational marijuana legalization has not advanced in Louisiana despite strong public support. A 2023 Louisiana State University poll found that 70% of respondents support legalizing cannabis for adult use, up from 42% in 2013.
| Year | Public Support for Legalization |
|---|---|
| 2013 | 42% |
| 2023 | 70% |
2026 legislative session
Two legalization-related bills were introduced in 2026, but neither advanced:
- HB 373: Would have created a three-year pilot program for adult-use cannabis, including legalization of possession and authorized distribution. The sponsor voluntarily deferred the bill.
- HCR 111: Would have created a task force to study and make recommendations for recreational cannabis. It was involuntarily deferred in committee.
Meanwhile, the 2025 special legislative session reversed many criminal justice reforms enacted over the previous four years, though cannabis reform was not specifically targeted. The 2026 session then saw the passage of harsher drug-free zone penalties under HB 568, signaling a shift in the current administration's approach to cannabis policy.
Political landscape
Governor Jeff Landry has shown opposition to cannabis reform, personally advocating for the 2026 drug-free zone bill and allowing the terminally ill patient bill to become law only without his signature. The gap between public opinion and legislative action remains significant. Without a ballot initiative process similar to those available in other states, Louisiana voters cannot directly enact legalization through a referendum. This means any change to the state's recreational marijuana laws must come through the legislature.
Frequently asked questions
Is marijuana legal in Louisiana?
Marijuana is not legal for recreational use in Louisiana. However, medical marijuana is legal for qualifying patients, and possession of 14 grams or less has been decriminalized to a $100 fine with no jail time.
How much marijuana can you possess in Louisiana without going to jail?
You can possess up to 14 grams (about half an ounce) without any possibility of jail time. The maximum penalty for this amount is a $100 fine. Possessing more than 14 grams on a first offense can result in up to 6 months in jail and a $500 fine.
How do you qualify for medical marijuana in Louisiana?
Louisiana lists over 30 qualifying conditions for medical marijuana, and physicians may also recommend cannabis for any condition they consider debilitating. You need a recommendation from a licensed physician or qualifying nurse practitioner, then obtain products from a licensed dispensary.
Is marijuana possession a felony in Louisiana?
Simple possession of 14 grams or less is not a felony. Possession of more than 14 grams on a fourth or subsequent offense can result in up to 8 years in prison. Possession of 2.5 pounds or more is treated as a distribution offense and carries felony penalties with mandatory minimum sentences. As of 2026, consuming cannabis within 2,000 feet of a school is also a felony.
Can you grow marijuana in Louisiana?
No. Home cultivation of marijuana is illegal in Louisiana. Cultivation is treated the same as distribution and carries felony penalties, including mandatory minimum sentences of 1 year in prison and fines up to $50,000.
Can you get a marijuana conviction expunged in Louisiana?
Yes. Louisiana has passed expungement provisions allowing people with low-level cannabis offenses to clear their records. New Orleans pardoned approximately 10,000 cannabis possession convictions and pending charges in 2021.