Louisiana Recreational & Medical Marijuana Laws
What's the real status on Louisiana marijuana laws? Are you curious about Louisiana recreational marijuana and medical marijuana law and the penalties for breaking them in Louisiana? This page also covers the laws regarding CBD, CBD gummies, CBD carts or cartridges, CBD vapes and CBD balms and lotions in Louisiana. Here are other ways you may have found this page on Louisiana marijuana and CBD laws:
Louisiana marijuana laws
Please make no mistake; Louisiana has had some of the strictest marijuana laws in the country, with the possibility of facing hard labor due to some convictions. While some states have taken the lead and experimented with legalizing and decriminalizing marijuana, marijuana is still prohibited, mainly in Louisiana. Although the legislature legalized marijuana for medicinal purposes in 1991, the law was not viable due to lack of a legal framework.
However, after several years of the legislative wrangling and outstanding bills, lawmakers finally passed a law in 2017 providing protections for patients and caregivers, procedures, and other legal mechanisms for the medical use of cannabis in Louisiana. The law doesn’t allow home cultivation of the herb, but it does authorize the establishment of up to 10 pharmacies licensed to purchase medicinal cannabis.
Louisiana medical marijuana law
In the past, Louisiana’s medical cannabis law prohibited inhaled cannabis and flowers. It has been noted that banning buds will increase costs, making medical marijuana unavailable to most low- and middle-income patients while rendering many of the state’s cannabis businesses economically unviable. This changed in June 2021 when Governor John Bel Edwards signed Louisiana Senate Bill 391 into law, which went into effect on 1st January 2022.
Before that, in 2020, Louisiana’s list of eligible conditions was found to be unduly restrictive, which was primarily corrected when Governor John Bel Edwards signed HB 819? This law allows physicians to recommend medical marijuana for any medical condition a physician “considers debilitating a patient” individual,” and they are eligible for treatment. Also, several states, such as Parkinson’s disease, Alzheimer’s disease, traumatic brain injury, amyotrophic lateral sclerosis, and chronic pain associated with the fibromyalgia or sickle cell anemia, have been added to the list of debilitating conditions.
Louisiana law on recreational use
Louisiana may one day legalize adult use of cannabis for those 21 or older, but that will likely take a few years or so. However, the signs are positive. Currently, possession of 14 grams (about half an ounce) is decriminalized and punishable by a $100 fine, with no threat of imprisonment. In the 2021 House of Representatives, Bill No. 652 reduces penalties for personal possession of small amounts of cannabis. Non-medical (recreational) possession of 14 grams (just less than half an ounce) or less of cannabis is decriminalized de facto, with no prison sentence and a $100 fine. Distributing, selling, and possessing large quantities still attract penalties, and it is essential to realize that cannabis possession is still technically a misdemeanor. This is effective as of August 1, 2021. 2022 As of January 1, 2022, registered medical marijuana patients can purchase up to 2.5 ounces of raw cannabis flower every 14 days.
Louisiana law on the use of CBD oils
The cultivation, processing, and handling of industrial hemp and products derived from industrial hemps, such as CBD oil, have been legal in Louisiana since 2019. After the federal government, the state also distinguished industrial hemp from marijuana under House Act 491. The bill legalizes the growing, harvesting, storage, and transportation of industrial hemp-derived products and the distribution and trade of CBD products within the 50 states. The Farm Bill defines the industrial hemp as the hemp plant that contains 0.3% or less of tetrahydrocannabinol (THC). Any plant or cannabis product containing more than 0.3% THC is considered marijuana. In addition, Drug Enforcement Administration (DEA) has removed FDA-approved CBD drugs (less than 0.1% THC) from the Controlled Substances Act list.
According to DEA, CBD products that contain more than the legal limit of THC (0.3%) are considered Schedule I controlled substances. The US Food and the Drug Administration (FDA) has also enforced federal guidelines and regulations regarding CBD and hemp-based products. According to the Food and the Drug Administration, CBD companies are prohibited from marketing their products as medications or dietary supplements. Also, CBD is not an approved the food ingredient or additive. Thus, manufacturers are not allowed to add CBD products. Although hemp-derived products are legal, not all CBD oil products are excluded from the list of controlled substances.
Louisiana marijuana penalties
For first and subsequent offenders, the possession of 14 grams or less of the marijuana is punishable by fine of no more than the $100 and no possibility of imprisonment. For early offenders, possession of more than 14 grams but less than the 2 pounds of marijuana is punishable by fine of up to $500 and imprisonment for up to 6 months. There is a one-time two-year purge period for first-time convictions. All second convictions related to less than 2 pounds are punishable by a fine of $1,000 and up to 6 months in prison. All three convictions relating to less than 2 pounds are punishable by a fine of up to $2,500 and up to two years in jail.
All fourth convictions relating to less than 2 pounds are punishable by a fine of up to $5,000 and up to 8 years in prison. Possession of 2 is less than 60 pounds of marijuana is punishable by 2 to 10 years in prison and a $30,000 fine. The possession of 60 is less than 2,000 pounds of marijuana is a felony and carries a sentence of 5-30 years in prison and a fine of between $50,000 and $100,000. Possession of 2,000 pounds – less than 10,000 pounds is a felony and is punishable by 10 to 40 years in prison and also fine of 100,000 to 400,000 dollars. Possession of 10,000 pounds or more of marijuana is a felony and carries a sentence of 25-40 years in prison.
Louisiana Marijuana Laws in relation to the US Federal Government As stated before, the US federal government still considers marijuana use illegal for United States citizens, immigrants and tourists. While the federal government still calls marijuana an illegal drug, they have left most enforcement of marijuana law to the US States, partly because the federal government has more important things to deal with on a daily basis. This gives Louisiana the power to mostly set and enforce its own marijuana laws regarding recreational and medical marijuana usage, possession and distribution.
Louisiana Law and other US States Louisiana's marijuana and CBD laws and penalties are unique to Louisiana. States other than Louisiana have their own laws about medical marijuana and recreational marijuana, as well as CBD derivatives. The states that prohibit certain aspects of marijuana also have varying penalties for violation of their laws.
The best thing to do is to be informed and visit our United States marijuana law pages and our individual US state profile pages regarding marijuana and CBD.
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