§966. Penalty for distribution or possession with intent to distribute narcotic drugs listed in
Schedule I; possession of marijuana, synthetic cannabinoids, and heroin
A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful
for any person knowingly or intentionally:
(1) To produce, manufacture, distribute or dispense or possess with intent to produce,
manufacture, distribute, or dispense, a controlled dangerous substance or controlled
substance analogue classified in Schedule I.
(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule I.
(3)(a) To produce, manufacture, distribute, or dispense or possess with intent to
produce, manufacture, distribute, or dispense a consumable hemp product, as defined in R.S.
3:1481, in violation of R.S. 3:1483.
(b) It shall not be considered a violation of this Paragraph if the sole basis for the
alleged offense is that the processor, wholesaler, or retailer was operating without an active
permit if both of the following occur:
(i) The processor, wholesaler, or retailer held a valid permit at the time of applying
for permit renewal.
(ii) The renewal application was under review by the Louisiana Department of
Health or the office of alcohol and tobacco control at the time of the alleged offense.
(c) It shall not be considered a violation of Subparagraph (a) of this Paragraph if the
consumable hemp product was approved by the Louisiana Department of Health at the time
of the alleged offense. If the product's approval has been revoked, no violation shall be
deemed to have occurred unless the revocation occurred more than sixty days prior to the
alleged offense.
(4) To cultivate, possess, process, or sell industrial hemp, industrial hemp products,
or viable industrial hemp seeds not in accordance with the Agriculture Improvement Act of
2018 or the plan submitted by the Department of Agriculture and Forestry that is in
compliance with U.S. Department of Agriculture rules.
B. Violations of Subsection A. Any person who violates Subsection A of this
Section with respect to:
(1) Except as otherwise provided in Paragraphs (2) and (3) of this Subsection, a
substance classified in Schedule I, upon conviction for an amount of:
(a) An aggregate weight of less than twenty-eight grams, shall be imprisoned, with
or without hard labor, for not less than one year nor more than ten years and may, in addition,
be required to pay a fine of not more than fifty thousand dollars.
(b) An aggregate weight of twenty-eight grams or more, shall be imprisoned at hard
labor for not less than one year nor more than twenty years and may, in addition, be required
to pay a fine of not more than fifty thousand dollars.
(2) A substance classified in Schedule I which is marijuana, tetrahydrocannabinols,
or chemical derivatives of tetrahydrocannabinols, or synthetic cannabinoids for an amount
of:
(a) An aggregate weight of less than two and one half pounds, shall be imprisoned,
with or without hard labor, for not less than one year nor more than ten years, and pay a fine
of not more than fifty thousand dollars.
(b) An aggregate weight of two and one half pounds or more, shall be imprisoned
at hard labor for not less than one year nor more than twenty years and pay a fine of not more
than fifty thousand dollars.
(3)(a) A substance classified in Schedule I that is the narcotic drug heroin or a
mixture or substance containing a detectable amount of heroin or its analogues, upon
conviction for any amount, shall be imprisoned at hard labor for not less than five years nor
more than forty years and may, in addition, be required to pay a fine of not more than fifty
thousand dollars.
(b)(i) If the offender unlawfully distributes or dispenses heroin or a mixture or
substance containing a detectable amount of heroin or its analogues, which is the direct cause
of serious bodily injury to the person who ingested or consumed the substance, the offense
shall be classified as a crime of violence, and the offender shall be imprisoned at hard labor
for not less than five years nor more than forty years. At least five years of the sentence of
imprisonment shall be imposed without benefit of probation, parole, or suspension of
sentence. In addition, the offender may be required to pay a fine of not more than fifty
thousand dollars.
(ii) For purposes of this Subparagraph, "serious bodily injury" shall have the same
meaning as provided by R.S. 14:2(C).
(4) A consumable hemp product, shall be imprisoned, with or without hard labor, for
not less than one year nor more than ten years, or pay a fine of not more than fifty thousand
dollars, or both.
C. Possession. It is unlawful for any person knowingly or intentionally to possess
a controlled dangerous substance classified in Schedule I unless such substance was obtained
directly, or pursuant to a valid prescription or order, from a practitioner or as provided in
R.S. 40:978, while acting in the course of his professional practice, or except as otherwise
authorized by this Part. Any person who violates this Subsection with respect to:
(1) Except as otherwise provided in Paragraphs (2), (3), and (4) of this Subsection,
a substance classified in Schedule I for an amount of:
(a) An aggregate weight of less than two grams, shall be imprisoned, with or without
hard labor, for not more than two years and may, in addition, be required to pay a fine of not
more than five thousand dollars.
(b) An aggregate weight of two grams or more but less than twenty-eight grams, shall
be imprisoned, with or without hard labor, for not less than one year nor more than ten years
and may, in addition, be required to pay a fine of not more than five thousand dollars.
(2) A substance classified in Schedule I that is marijuana, tetrahydrocannabinol, or
chemical derivatives thereof, shall be punished as follows:
(a)(i) On a first conviction or any subsequent conviction, wherein the offender
possesses fourteen grams or less, the offender shall be fined not more than one hundred
dollars.
(ii) If an offender upon whom a fine has been imposed under this Subparagraph
alleges indigency, or otherwise fails to pay the imposed fine, the court shall determine
whether the defendant has willfully refused to pay or has made bona fide efforts to legally
acquire resources to pay. If an offender has not willfully refused to pay and has made bona
fide efforts to attempt to pay the fine imposed, the court shall use its discretion to
alternatives, including installment payments or community service.
(iii) This Subparagraph shall be enforced by use of summons in lieu of custodial
arrest, in accordance with Code of Criminal Procedure Article 211.
(b) On a first conviction, wherein the offender possesses more than fourteen grams,
the offender shall be fined not more than five hundred dollars, imprisoned in the parish jail
for not more than six months, or both.
(c) Any person who has been sentenced under the provisions of Subparagraph (a) or
(b) of this Paragraph and who has not been convicted of any other violation of a statute or
ordinance prohibiting the possession of marijuana for a period of two years from the date of
completion of sentence, probation, parole, or suspension of sentence shall not have the
conviction used as a predicate conviction for enhancement purposes. The provisions of this
Paragraph shall occur only once with respect to any person.
(d) On a second conviction, wherein the offender possesses more than fourteen
grams, the offender shall be fined not more than one thousand dollars, imprisoned in the
parish jail for not more than six months, or both.
(e)(i) On a third conviction, wherein the offender possesses more than fourteen
grams, the offender shall be sentenced to imprisonment, with or without hard labor, for not
more than two years, shall be fined not more than two thousand five hundred dollars.
(ii) If the court places the offender on probation, the probation shall provide for a
minimum condition that he participate in a court-approved substance abuse program and
perform four eight-hour days of court-approved community service activities. Any costs
associated with probation shall be paid by the offender.
(f)(i) On a fourth or subsequent conviction, wherein the offender possesses more
than fourteen grams, the offender shall be sentenced to imprisonment with or without hard
labor for not more than eight years, shall be fined not more than five thousand dollars, or
both.
(ii) If the court places the offender on probation, the probation shall provide for a
minimum condition that he participate in a court-approved substance abuse program and
perform four eight-hour days of court-approved community service activities. Any costs
associated with probation shall be paid by the offender.
(g) Except as provided in Subparagraph (c) of this Paragraph, a conviction for the
violation of any other statute or ordinance with the same elements as Subsection C of this
Section prohibiting the possession of marijuana, tetrahydrocannabinol or chemical
derivatives thereof, shall be considered as a prior conviction for the purposes of this
Subsection relating to penalties for second, third, or subsequent offenders.
(h) Except as provided in Subparagraph (c) of this Paragraph, a conviction for the
violation of any other statute or ordinance with the same elements as Paragraph (B)(2) of this
Section prohibiting the distributing or dispensing or possession with intent to distribute or
dispense marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic
cannabinoids shall be considered as a prior conviction for the purposes of this Subsection
relating to penalties for second, third, or subsequent offenders.
(3) A substance classified in Schedule I which is a synthetic cannabinoid, the
offender shall be punished as follows:
(a) On a first conviction, the offender shall be fined not more than five hundred
dollars, imprisoned for not more than six months, or both.
(b) On a second conviction, the offender shall be fined not less than two hundred
fifty dollars nor more than two thousand dollars, imprisoned with or without hard labor for
not more than five years, or both.
(c) On a third or subsequent conviction, the offender shall be sentenced to
imprisonment at hard labor for not more than twenty years, and may, in addition, be fined not
more than five thousand dollars.
(d) A conviction for the violation of any other provision of law or ordinance with the
same elements as this Subsection prohibiting the possession of synthetic cannabinoids shall
be considered a prior conviction for the purposes of this Paragraph relating to penalties for
second, third, or subsequent offenses.
(e) A conviction for the violation of any other provision of law or ordinance with the
same elements as Paragraph (B)(2) of this Section prohibiting the distributing or dispensing
or possession with intent to distribute or dispense synthetic cannabinoids shall be considered
a prior conviction for the purposes of this Paragraph relating to penalties for second, third,
or subsequent offenses.
(f) If the court places the offender on probation, the probation shall provide for a
minimum condition that he participate in a court-approved substance abuse program and
perform four eight-hour days of court-approved community service activities. Any costs
associated with probation shall be paid by the offender.
(4) A substance classified in Schedule I that is the narcotic drug heroin or a mixture
or substance containing a detectable amount of heroin or of its analogues, upon conviction
for an amount:
(a) An aggregate weight of less than two grams, shall be sentenced to a term of
imprisonment, with or without hard labor, for not less than two years nor more than four
years.
(b) An aggregate weight of two grams or more but less than twenty-eight grams, shall
be sentenced to a term of imprisonment, with or without hard labor, for not less than two
years nor more than ten years and may, in addition be required to pay a fine of not more than
five thousand dollars.
D. If a person knowingly or intentionally possesses a controlled substance as
classified in Schedule I, unless such substance was obtained directly or pursuant to a valid
prescription or order from a practitioner, as provided in R.S. 40:978, while acting in the
course of his professional practice, where the amount of the controlled substance is equal to
or above the following weights, it shall be considered a violation of Subsection A of this
Section:
(1) For marijuana, tetrahydrocannabinol, synthetic cannabinoids, or chemical
derivatives thereof, two and one-half pounds.
(2) For any other Schedule I controlled substance, twenty-eight grams.
E. Notwithstanding any other provision of law to the contrary, unless eligible for
parole at an earlier date, a person committed to the Department of Public Safety and
Corrections serving a life sentence for the production, manufacturing, distribution, or
dispensing or possessing with intent to produce, manufacture, or distribute heroin shall be
eligible for parole consideration upon serving at least fifteen years of imprisonment in actual
custody.
F. Immunity from prosecution. (1) Any person who is a patient of the
state-sponsored medical marijuana program in Louisiana, and possesses medical marijuana
in a form permissible under R.S. 40:1046 for a condition enumerated therein, a caregiver as
defined in R.S. 15:1503, any person who is a domiciliary parent of a minor child who
possesses medical marijuana on behalf of his minor child in a form permissible under R.S.
40:1046 for a condition enumerated therein pursuant to a legitimate medical marijuana
prescription or recommendation issued by a licensed health professional authorized by R.S.
40:1046(B) to recommend medical marijuana to patients, or any visiting qualifying patient
as defined in R.S. 40:1046.1 shall be exempt from the provisions of this Section. This
Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana
or any of its derivatives or other conduct outside the scope of the state-sponsored medical
marijuana program.
(2) Any retailer permitted to sell marijuana pursuant to R.S. 40:1046, and any
employee, board member, director, or agent of a retailer permitted to sell marijuana pursuant
to R.S. 40:1046, shall be exempt from the provisions of this Section for possession of
marijuana at a location designated by the Louisiana Department of Health's rules and
regulations, or distribution of marijuana in a form approved by the Louisiana Department of
Health to a patient with a valid recommendation or prescription, in the state-sponsored
medical marijuana program. This Paragraph shall not prevent the arrest or prosecution of any
person for diversion of marijuana or any of its derivatives or other conduct outside of the
scope of the state-sponsored medical marijuana program or for violations of the Louisiana
Department of Health's rules and regulations.
(3) Any licensee or its subordinate contractor licensed by the Louisiana Department
of Health to produce marijuana pursuant to R.S. 40:1046, and any employee, board member,
director, or agent of a marijuana licensee or its subordinate contractor licensed pursuant to
R.S. 40:1046, shall be exempt from prosecution under this Section for possession,
production, or manufacture of marijuana at the production facility designated by the
Louisiana Department of Health or for the transportation of marijuana or any of its
derivatives in accordance with the Louisiana Department of Health's rules and regulations.
This Paragraph shall not prevent the arrest or prosecution of any person for diversion of
marijuana from the production facility designated by the Louisiana Department of Health
outside of the scope of the state-sponsored medical marijuana program or for violations of
the Louisiana Department of Health's rules and regulations.
(4) Any laboratory that tests marijuana or marijuana preparations produced and
distributed under the state-sponsored medical marijuana program, and any employee, board
member, director, or agent of a testing laboratory pursuant to R.S. 40:1046, shall be exempt
from prosecution under this Section for possession of marijuana or any of its derivatives at
a research laboratory designated by the Louisiana Department of Health or for transportation
of marijuana or any of its derivatives in accordance with the Louisiana Department of
Health's rules and regulations. This Paragraph shall not prevent the arrest or prosecution of
any person for diversion of marijuana from a research laboratory designated by the Louisiana
Department of Health or other conduct outside of the scope of the state-sponsored medical
marijuana program or for violations of the Louisiana Department of Health's rules and
regulations.
(5) Any person, employee, board member, director, or agent conducting research
pursuant to R.S. 40:1046 shall be exempt from prosecution under this Section for the
possession, production, or manufacture of marijuana or any of its derivatives or for the
transportation of marijuana or any of its derivatives in accordance with the Louisiana
Department of Health's rules and regulations. This Paragraph shall not prevent the arrest or
prosecution of any person for diversion of marijuana or any of its derivatives or other
conduct outside of the scope of the state-sponsored medical marijuana program or for
violations of the Louisiana Department of Health's rules and regulations.
(6) Any facility that is licensed by the Louisiana Department of Health and has
patients in its care using medical marijuana pursuant to R.S. 40:1046 shall be exempt from
the prohibitions provided in this Section for possession and distribution of marijuana. This
Paragraph shall not prohibit the arrest or prosecution of any person for diversion of medical
marijuana or any other conduct outside the scope of the state-sanctioned medical marijuana
program provided for in R.S. 40:1046.
(7) Any licensed health professional authorized by R.S. 40:1046(B) to recommend
medical marijuana to patients who provides information on marijuana for therapeutic use
within a bona fide clinician-patient relationship or who issues a recommendation to a patient
for marijuana for therapeutic use pursuant to R.S. 40:1046 shall be exempt from the
prohibitions provided in this Section for possession and distribution of marijuana. This
Paragraph shall not prohibit the arrest or prosecution of any person for diversion of medical
marijuana or any other conduct outside the scope of the state-sanctioned medical marijuana
program provided for in R.S. 40:1046.
(8)(a) The defenses in Paragraph (1) of this Subsection shall be raised by reproducing
a patient's medical records that contain the legitimate recommendation to possess marijuana
for therapeutic use in a form permissible under R.S. 40:1046 issued by a licensed health
professional authorized by R.S. 40:1046(B) to recommend medical marijuana to patients.
(b) Notwithstanding any other provision of law to the contrary, except when the
person to be arrested has committed a felony, although not in the presence of the officer, no
peace officer may arrest any employee, board member, director, or agent during the course
and scope of his employment with the following, pursuant to R.S. 40:1046:
(i) A retailer permitted to sell marijuana for therapeutic use.
(ii) A licensee of marijuana for therapeutic use or its subordinate licensed contractor.
(iii) A testing laboratory of marijuana for therapeutic use, authorized to do business.
(iv) A licensed researcher of marijuana for therapeutic use, performing his official
duties.
(c) The defendant shall bear the burden of proving that the possession, manufacture,
production, transportation, or distribution was in accordance with the state-sponsored
medical marijuana program or the Louisiana Department of Health's rules and regulations,
as applicable.
G. Treatment for heroin addiction as a condition for probation. (1) Upon conviction
of Paragraph (B)(3) or (C)(4) of this Section, possession with intent to distribute heroin or
possession of heroin, the court may suspend any sentence which it imposes and place the
defendant on probation pursuant to Code of Criminal Procedure Article 893. The court may
order the division of probation and parole of the Department of Public Safety and
Corrections to conduct a presentence investigation, or may order the defendant to obtain a
substance abuse evaluation, for the purpose of determining whether the defendant has a
substance abuse disorder.
(2) Upon receiving the report or evaluation, the court shall, if it finds probable cause
from such report to believe the defendant has a substance abuse disorder, order a
contradictory hearing for the purpose of making a judicial determination on whether the
defendant has a substance abuse disorder.
(3) If, at such contradictory hearing, the court determines that the defendant has a
substance abuse disorder, it shall require as a condition of probation that the defendant
complete a drug treatment program if the following conditions are met:
(a) There is an available program in the local jurisdiction that has sufficient
experience in working with criminal justice participants with substance abuse disorders and
is certified and approved by the state of Louisiana.
(b) The cost of the approved treatment does not create a substantial financial
hardship to the defendant or his dependents. For purposes of this determination, "substantial
financial hardship" shall have the same meaning as provided in R.S. 15:175.
(4) If the offender does not successfully complete the drug treatment program, or
otherwise violates the conditions of his probation, the court may revoke the probation or
impose other sanctions pursuant to Code of Criminal Procedure Article 900.