Louisiana Governor Signs Bills To Decriminalize Marijuana Paraphernalia And Regulate Hemp Products

The Republican governor of Louisiana has signed bills to decriminalize marijuana paraphernalia and enact restrictions on the hemp market.

On the same day that Gov. Jeff Landry (R) vetoed a measure that would have allowed him and future governors to issue pardons for people with past cannabis convictions, he gave final approval to the paraphernalia decriminalization proposal from Rep. Delisha Boyd (D).

He also signed off on legislation to enact regulations for hemp products. As introduced, the bill would have imposed an outright ban, but it was amended to instead tighten regulations, including by lowering the amount of THC that can be in consumable hemp products and prevent them from being sold at gas stations.

The decriminalization law, meanwhile, will limit the penalty for the possession, sale and use of marijuana paraphernalia to a $100 fine, in line with an existing policy that already decriminalizes possession of cannabis itself. Under existing law, marijuana paraphernalia carries a penalty of up to $300 and 15 days behind bars on the first offense, which increases on later offenses.

A second conviction carries up to a $1,000 fine and imprisonment of not more than six months, while third and subsequent convictions carry fines of up to $2,500 and imprisonment “with or without hard labor” for up to two years.

Kevin Caldwell, Southeast legislative manager for the advocacy group Marijuana Policy Project (MPP), told Marijuana Moment that the organization is “very pleased that Gov. Landry signed HB 165 into law.”

“Keeping the punishment for paraphernalia in line with possession of cannabis is smart policy. The citizens of Louisiana do not want people in jail for cannabis or its paraphernalia,” he said. We continue to be impressed to see such strong bipartisan support for cannabis policy reforms.”

As it stands in Louisiana, possession of up to 14 grams (or half an ounce) of marijuana is decriminalized, punishable by a $100 fine without the threat of jail time.

Last year, former Gov. John Bel Edwards (D) also signed into law a measure that was designed to streamline expungements for people with first-time marijuana possession convictions.

“State law already recognizes that no one should be in jail for possessing small amounts of marijuana,” NORML Deputy Director Paul Armentano said in a press release. “This new law similarly recognizes that no one should be in jail for possessing marijuana paraphernalia.”

Advocates are disappointed, however, that Landry rejected a bill last week that would have made people convicted of cannabis possession eligible for a gubernatorial pardon after paying all court costs associated with the offense, without the need for a recommendation from the Board of Pardons.

Last month, the governor signed a separate bill to transfer medical marijuana cultivation duties in the state from Louisiana State University and Southern University to private contractors.

The latest developments follow a decision by House lawmakers last month to scuttle legislation that would have laid out a regulatory framework for legalizing adult-use marijuana in the state, with members voting 57–37 against the proposal from Rep. Candace Newell (D).

That measure, HB 978, would not have legalized cannabis itself but instead would have begun establishing a regulatory system that would take effect if either the state or the federal government later legalized marijuana for adults.

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Whether Landry will be willing to sign into law any legislation moving the state toward adult-use legalization is another question. While his Democratic predecessor approved more incremental steps and acknowledged legalization as inevitable, he consistently said the state would not legalize under his tenure.

Seven in 10 Louisianans support legalizing recreational marijuana possession for adults—and nine in 10 back medical cannabis legalization—according to a survey released last year.

While marijuana legalization has stalled in the Louisiana legislature, there have been efforts to end prohibition and tax cannabis sales that have moved without being enacted.

For example, a comprehensive legalization measure and complementary cannabis tax bill from Rep. Richard Nelson (R) advanced through committee before the tax proposal was rejected on the House floor in 2021, torpedoing the broader measure’s chances.

Lawmakers have also taken several steps to reform other cannabis laws and build on the state’s medical marijuana program in recent sessions.

In 2022, for example, the former governor signed a slew of marijuana reform bills, including one key measure that would expand the number of medical dispensaries that can operate in the state and another to prevent police from searching people’s homes over the smell of cannabis.

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