§ 40:1025 — Penalties

Louisiana § 40:1025

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1025. Penalties
A.(1) Except as provided in Subsection E of this Section, the first violation of or
failure to comply with any provision of this Part shall subject the offender to a fine not in
excess of three hundred dollars, or imprisonment of not more than fifteen days, or both.
(2) A conviction for a violation of the provisions of this Part may not be used as a
predicate conviction for enhancement purposes under Subsections B and C of this Section
if the offender has not been convicted of any violation of the controlled dangerous substances
law for a period of two years from the date of completion of sentence, probation, parole, or
suspension of sentence for that conviction. The provisions of this Paragraph shall apply only
once with respect to any person.
B. On a second conviction, except as provided in Subsection E of this Section, the
offender shall be fined not more than one thousand dollars, or imprisoned for not more than
six months, or both.
C. On a third or subsequent conviction, except as provided in Subsection E of this
Section, the offender shall be fined not more than two thousand five hundred dollars, or
imprisoned, with or without hard labor, for not more than two years, or both.
D. If the second or subsequent conviction is by any person licensed under the
occupational license tax law, as provided in R.S. 47:341 et seq., or by such person's manager,
agent, servant, or employee, then such person shall forfeit the right to any permit issued
thereunder and such permit may be suspended or revoked.
E. The penalty for possessing drug paraphernalia intended for, or used solely for, the
inhalation, ingestion, epidermal or sublingual absorption, or other method of introducing
marijuana or marijuana derivatives into the human body are as follows for quantities of
paraphernalia not exceeding those required for individual personal use:
(1) On a first conviction, a fine of one hundred dollars.
(2) On a second conviction, a fine of five hundred dollars.
(3) On a third or subsequent conviction, a fine of two thousand five hundred dollars.

Legislative History

Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2016, No. 246, §1; Acts 2024, No. 682, §1.