States that have both a medical marijuana law and have removed jail time for possessing small amounts of marijuana
Updates
Last update: May 06, 2025
The Louisiana Legislature continues slow but steady reforms with cannabis policy
Over the past several years, the Louisiana Legislature has made steady, incremental progress to roll back what were among the most draconian cannabis laws in the country. The Legislature passed and expanded medical cannabis laws, stopped incarceration for possessing up to 14 grams of cannabis and cannabis paraphernalia, and allowed expungements for low-level cannabis offenses.
The Legislature convened on April 14, 2025, for a “fiscal session.” This means that the emphasis is on fiscal issues and legislators are limited to five bills that are not budget related. That has traditionally limited the number of cannabis policy legislation introduced in odd years.
This year, several pieces of legislation have been introduced that further our longer-term goal of legalization:
HB627 — Rep. Candace Newell (D) — would create a three-year pilot program for the adult-use cannabis industry, including legalizing the possession and authorized distribution of cannabis.
HB636 — Rep. Edmond Jordan (D) — would set up the tax structure for adult-use cannabis. Those revenues would be allocated, in part, to increasing teachers’ salaries.
Meanwhile, HB384 would make the penalties for possession of cannabis products in schools more reasonable. We do not advocate for allowing the use of cannabis products for persons under 21 years of age outside of the medical program. However, the current punishment is beyond draconian — possession of any illegal substance results in a four-semester suspension. Under HB384, a first-time violation for a cannabis product starts with a more reasonable approach: a 10-hour substance abuse class. A second violation would result in a half-semester suspension and a third violation would result in a full semester suspension. This is a far more proportionate approach.
Polling shows Louisiana voters support legalization
The people of Louisiana are ready to rid their state of the overly harsh penalties currently imposed for cannabis offenses. A 2023 poll by Louisiana State University found 70% of respondents support legalizing cannabis for adult use with 30% opposing. In 2013, only 42% supported legalization in the annual poll.
Louisiana’s largest city has listened to voters: In 2016, the New Orleans City Council unanimously passed an ordinance to decriminalize cannabis possession in the city. Shreveport and East Baton Rouge followed suit. In 2021, the New Orleans City Council approved a package of three ordinances sponsored by Councilmember Helena Moreno (D) to move the city as close as it can to legalizing cannabis possession. The city pardoned about 10,000 cannabis possession convictions and pending charges. Anyone who receives a summons for cannabis possession under the new ordinances will have it immediately forgiven, with no action needed from the court or the ticketed individual. Smoking cannabis in public remains a ticketable offense under the Smoke-Free Air Act.
In 2021, the legislature decriminalized simple possession of cannabis statewide, making it a ticketable offense. The penalty for possessing up to 14 grams (or 0.49 oz.) of cannabis was reduced to a fine of up to $100. For those unable to pay, the court must use its discretion for alternatives, such as community service or installment payments.
While this is important progress that will save thousands from arrest and jail time, decriminalization doesn’t fix most of the harms created by prohibiting cannabis.
Vicente law firm performed an analysis for MPP on what an adult-use cannabis industry would generate in sales and tax revenue. It forecasts $922 million dollars a year in sales starting in the third year of implementation, bringing in $222 million in annual local and state tax revenue. Using U.S. government data, the forecast estimates that currently there are 435,000 cannabis consumers over the age of 21 in Louisiana.
While Louisiana first enacted therapeutic marijuana legislation in 1978, it was a program in name only until significant revisions were made starting in 2015.
Louisiana is one of only two states that has therapeutic cannabis access via “pharmacies” — though they are only licensed at the state level due to federal law, and do not sell any prescription drugs. The first cannabis pharmacies opened in 2018. In 2020, the law finally improved to the point that MPP now classifies the program as an effective law. It now allows smoked and vaporized cannabis, including in raw plant form. The program is administered by the Department of Health and the law now allows any person with any debilitating condition to qualify (as confirmed by a certified medical professional) — in addition to over 15 specified conditions.
A list of authorized cannabis pharmacies can be found here. Currently, there are 23 licensed cannabis pharmacies and that number is expected to increase by the end of 2025. The state has put a cap of 30 cannabis pharmacies for the state. Only two growers/processors are authorized in the state.
The program’s “sunset” clause, which is the expiration date of the medical cannabis program, was extended until 2030 in the 2024 legislative session.
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