Louisiana Bills to Decriminalize Marijuana Paraphernalia and Expand Marijuana Pardons Officially Sent to Governor

Two marijuana-related bills that recently passed the Louisiana Legislature were officially sent to Governor Jeff Landry today, initiating a 10-day window for the governor to decide its fate.

At the end of May Louisiana’s full legislature recently passed House Bill 165 and House Bill 391. Today, the measures were sent to Governor Landry, giving him three options; sign them into law, veto them or allow them to become law without executive approval.

House Bill 165 “removes incarceration as a punishment for the possession of certain drug paraphernalia in quantities not exceeding those required for individual personal use.” It “provides that the punishment for the possession of certain drug paraphernalia in quantities not exceeding those required for individual personal use is a fine of:

(1) $100 on a first conviction.
(2) $500 on a second conviction.
(3) $2,500 on a third or subsequent conviction.”

In Louisiana, the possession of up to half an ounce (14 grams) of marijuana has been decriminalized since 2021. However, the law did not decriminalize the possession of marijuana paraphernalia, such as pipes and bongs. This has resulted in continued arrests and prosecutions, which contradicts the spirit of the 2021 law. House Bill 165 aims to remedy this discrepancy.

House Bill 391 “Removes eligibility for a pardon by the governor without the necessity of completion of sentence and without a recommendation of the Board of Pardons for a person convicted of possessing more than 14 grams of marijuana.” The measure was filed by State Representatives Delisha Boyd, Tehmi Chassion and Alonzo Knox.

The proposed law “provides that a person convicted of possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof, pursuant to present law (R.S. 40:966(C)(2)(a)) shall be eligible for a pardon by the governor without the necessity of completion of sentence and without a recommendation of the Board of Pardons.”

Of the two bills, only House Bill 391 passed the legislature with enough support to override a governor’s veto.

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