In a significant move for cannabis reform, Louisiana lawmakers have passed two key pieces of legislation aimed at decriminalizing marijuana paraphernalia and providing pardons for past cannabis possession convictions. These bills are now awaiting approval from Governor Jeff Landry.
Key Legislation: HB 165 and HB 391
The first bill, HB 165, reduces the penalties for the possession, sale, and use of marijuana paraphernalia. Under current law, the possession of cannabis paraphernalia can result in a fine of up to $300 and up to 15 days in jail for a first offense. Subsequent offenses carry even harsher penalties. HB 165 aims to limit these penalties to a $100 fine, significantly easing the legal burden for individuals caught with such items. The bill also clarifies that these reduced penalties apply to personal use, not wholesale distribution.
Rep. Delisha Boyd, the sponsor of both bills, emphasized that the amendments added by the Senate were merely clarifications and did not change the bill’s primary intent. The House concurred with these changes, passing the bill with a vote of 69-24.
The second bill, HB 391, offers a pathway to pardon for those convicted of cannabis possession. This bill allows individuals to seek a pardon after paying all associated court costs without needing a recommendation from the Board of Pardons. However, it is limited to first-time offenders, and those pardoned under this law are not eligible for another pardon for any future offenses.
Legislative Journey and Bipartisan Support
The passage of these bills marks a notable step forward in cannabis policy reform in Louisiana. Initially, the Senate had rejected both measures, but after reconsideration, they passed and were sent back to the House for final approval. The House votes of 62-30 and 69-24 in favor of HB 391 and HB 165, respectively, highlight the growing bipartisan support for cannabis reform in the state.
Additional Legislative Context
These developments come on the heels of other significant decisions related to cannabis in Louisiana. Recently, House lawmakers rejected a proposal to establish a regulatory framework for adult-use marijuana, despite support for the idea. The proposal, HB 978, aimed to create a system ready to regulate marijuana if it were to be legalized by the state or federal government in the future. However, opponents argued that it was premature to set up regulations without legalizing the substance first.
In a related move, another bill awaiting the governor’s signature would shift medical marijuana cultivation duties from Louisiana State University and Southern University to private contractors. This shift is intended to allow the universities to focus on their core educational missions rather than being involved in the cannabis industry.
Looking Ahead
As Louisiana awaits Governor Landry’s decision on these critical pieces of legislation, the potential impact on the state’s cannabis policy is significant. The decriminalization of marijuana paraphernalia and the provision for cannabis pardons represent meaningful steps toward addressing the consequences of prohibition and moving toward a more equitable legal framework for cannabis in Louisiana.
