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 allowed expungements for low-level cannabis offenses. 

The Legislature convened on March 11, 2024, with a lot of new legislators representing districts across the Bayou State. The new legislature advanced several pieces of cannabis legislation this year before adjourning in early June. Bills to decriminalize cannabis paraphernalia and to move back the sunset on the medical cannabis program to 2030 became law.

Here’s a full rundown of 2024 cannabis policy bills and how they fared:

• HB54 — Rep. Candace Newell (D) — would have set up a regulatory framework for the legal production and sales of cannabis for adults’ use. This bill became HB978 and passed the Judiciary Committee, but failed in a House floor vote, 36-58. This is the first time a cannabis regulation bill has received a floor vote in any Deep South legislature.
• HB707 — Rep. Edmond Jordan (D) — would have set up the regulatory framework for legal production and sales of cannabis for adults’ use, including home grow. This bill passed the Health and Welfare Committee but was never scheduled for a hearing in the Appropriations Committee.
• HB165 — Rep. Deliesha Boyd (D) — will remove the possibility of jail time for possessing cannabis paraphernalia. This bill has been signed into law. It becomes effective on August 1, 2024.
• HB391 — Rep. Deliesha Boyd (D) — would have allowed governors to issue pardons for certain misdemeanor cannabis offenses. It was vetoed by Gov. Landry.
• HB331 — Rep. Mandie Landry (D) — would have allowed municipal and parish employees who are not in a safety-sensitive position to participate in the medical cannabis program without jeopardizing their jobs. This bill failed on final Senate vote.
• HB 376 — Rep. Neil Riser (R) — extends the sunset clause on the medical cannabis program from January 1, 2025, until July 1, 2030. It also moves regulatory authority for medical cannabis pharmacies to the Department of Health. This bill has been signed into law.
• SB228 — Sen. Patrick McMath (R) — extends the sunset clause on the medical cannabis program from January 1, 2025, until July 1, 2030. It also makes the two cultivators/processors independent of LSU and Southern University. This bill has been signed into law.

With many new legislators and a new governor, we were impressed with the amount of reform accomplished this year. We have updated the Louisiana voter guide to reflect each legislator’s grade. We assigned the grade based upon their legislative votes this year for rookie legislators and included older votes for veteran legislators. You can find your legislator here. It is more important than ever to let your legislator know that you support ending prohibition completely. Please also chip in to MPP’s Louisiana campaign.

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 Council member 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.

Ask your legislators to make cannabis legal for all adults and chip in to MPP’s Louisiana campaign.  The legal cannabis industry can create thousands of jobs, hundreds of small business opportunities, and tens of millions of dollars in state tax revenue. It would also remove the #1 pretext for unnecessary police-civilian interactions — the supposed odor of cannabis — while giving consumers access to a safe, tested product. Let your lawmakers know that legalizing and regulating cannabis is essential for both the economy and for racial justice.

The Louisiana medical cannabis program

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. It is expected that there will be between 25 -30 pharmacies by 2025. Only two growers/processors are authorized in the state.

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