§ 17:240 — Prohibition against use of tobacco and marijuana in schools; prohibition against

§240. Prohibition against use of tobacco and marijuana in schools; prohibition against
smoking on school bus; rules and regulations
A. For purposes of this Section, the following terms shall have the following
meanings unless the context clearly indicates otherwise:
(1) "School property" means school grounds, playgrounds, premises, and property,
including but not limited to land, improvements, and school facilities, located on the property
of any elementary or secondary school, the Louisiana School for the Deaf, the Louisiana
School for the Visually Impaired, and schools in the Special School District. "School
property" also means any school vehicle used for the provision of academic and
extracurricular programs and administration at any elementary or secondary school, the
Louisiana School for the Deaf, the Louisiana School for the Visually Impaired, and schools
in the Special School District.
(2) "Smoking" means possession of a lighted cigar, cigarette, pipe, or any other
lighted tobacco or marijuana product, including but not limited to e-cigs, e-cigarettes,
electronic cigarettes, advanced personal vaporizers, vape pens, and vape mods.
B.(1) Notwithstanding any other provision of law, no person shall smoke, chew,
inhale, ingest, absorb, or otherwise consume any tobacco or tobacco product in any
elementary or secondary school building nor shall any student or school employee smoke,
chew, inhale, or absorb, or otherwise consume any tobacco product on any other school
property; however, this prohibition shall not be applicable to any tobacco product that has
been approved by the United States Food and Drug Administration for sale as a tobacco
cessation product and is marketed and sold solely for such an approved purpose.
(2)(a) No person shall smoke or carry a lighted cigar, cigarette, pipe, or any other
form of smoking object or device, including but not limited to e-cigs, e-cigarettes, electronic
cigarettes, advanced personal vaporizers, vape pens, and vape mods on any school property.
(b) No person shall smoke or vape any form of marijuana as defined by R.S. 40:961
or a substance classified in Schedule I that is marijuana, tetrahydrocannabinol, or chemical
derivatives thereof on any school property.
(3) The use of tobacco or any tobacco product is hereby prohibited on any school
bus or school vehicle transporting students attending any elementary or secondary school.
(4) The provisions of this Subsection shall not apply to any school property that is
rented, leased, or otherwise made available for use for non-educational purposes.
C.(1) The governing authority of each public elementary or secondary school shall
and any governing authority of any nonpublic elementary or secondary school may adopt
necessary rules and regulations to assure compliance with the provisions of this Section.
(2)(a) The governing authority of each public elementary or secondary school and
each nonpublic elementary or secondary school may provide for appropriate penalties for
violators, including but not limited to disciplinary action or a fine not to exceed two hundred
dollars, or both.
(b) Any person who violates Subparagraph (B)(2)(b) of this Section shall be subject
to punishment pursuant to R.S. 40:981.3(A)(1).
(3) The provisions of this Section shall be enforced by the local superintendents of
education or their designees pursuant to any rules, regulations, and penalties promulgated
pursuant to this Section.
D. Nothing in this Section shall apply to a home study program approved by the State
Board of Elementary and Secondary Education in accordance with the provisions of R.S.
17:236.1.

Legislative History

Acts 1992, No. 480, §1, eff. June 20, 1992; Acts 1992, No. 698, §1; Acts 1994, 3rd Ex. Sess., No. 17, §1; Acts 2014, No. 811, §8, eff. June 23, 2014; Acts 2017, No. 351, §1, eff. June 22, 2017; Acts 2019, No. 411, §1, eff. June 20, 2019; Acts 2024, No. 352, §1, eff. May 28, 2024.