Marijuana Revised Statute

𝐌𝐀𝐑𝐈𝐉𝐔𝐀𝐍𝐀 𝐎𝐍 𝐂𝐀𝐌𝐏𝐔𝐒 𝐈𝐒 𝐀 𝐂𝐑𝐈𝐌𝐄

𝐋𝐎𝐔𝐈𝐒𝐈𝐀𝐍𝐀 𝐋𝐀𝐖 𝐂𝐇𝐀𝐍𝐆𝐄𝐃 𝐎𝐍 𝐀𝐔𝐆𝐔𝐒𝐓 𝟏, 𝟐𝟎𝟐𝟔

Up to 1 Year in Prison with or without hard labor

Up to a $1,000 fine in addition to imprisonment

WHERE THE LAW APPLIES

On school property. Within 2,000 feet of school property. On a school bus.

This covers every public and nonpublic elementary, middle, and high school in Louisiana.

La. R.S. 40:981.3(A), (C)(1)

WHAT CHANGED ON AUGUST 1, 2026

Act 305 of the 2026 Regular Session set a new penalty for marijuana possession in a school zone: imprisonment, with or without hard labor, for up to one year, plus a fine of up to $1,000. Before August 1, possessing 14 grams or less carried a fine of up to $100.

La. R.S. 40:981.3(E); La. R.S. 40:966(C)(2)(a)(i)

VAPING COUNTS

Act 305 also added a new paragraph reaching anyone who violates the drug laws “while smoking, vaping, or otherwise abusing” a controlled dangerous substance in these locations. A THC vape pen counts.

La. R.S. 40:981.3(A)(4)

THIS IS FELONY-LEVEL EXPOSURE

Louisiana defines a felony as any crime for which the offender may be sentenced to imprisonment at hard labor. The new penalty allows a sentence at hard labor.

La. R.S. 14:2(4)

“I DIDN’T KNOW I WAS NEAR A SCHOOL” IS NOT A DEFENSE

The statute states that lack of knowledge that the act occurred on or within 2,000 feet of school property is not a defense.

La. R.S. 40:981.3(B)

SCHOOL DISCIPLINE IS SEPARATE FROM THE CRIMINAL CASE

A student in grades 6 through 12 found guilty of possessing marijuana at school, on a school bus, or at a school event may be recommended for expulsion on a first occurrence. A second or later occurrence requires expulsion for at least two complete school semesters and referral to the district attorney.

La. R.S. 17:416(C)(2)(a)(i), (ii), (b)