Louisiana’s marijuana laws sit in an unusual middle ground: recreational use is still illegal, but possessing 14 grams or less is now a civil violation with a fine of up to $100 and no jail time, while medical marijuana is legal for patients with a qualifying recommendation. Anything above 14 grams remains a criminal offense, and selling or growing any amount is a felony.
Possession Penalties by Amount
How much you have and whether you’ve been caught before determine everything. The jump from 14 grams to 15 grams is the difference between a ticket and a criminal record.
- 14 grams or less: civil violation, fine up to $100, no jail, no criminal record. This applies no matter how many prior offenses you have.1Louisiana State Legislature. HB652
- More than 14 grams, first offense: misdemeanor, up to six months in jail and up to a $500 fine.
- More than 14 grams, second offense: misdemeanor, up to six months in jail and up to a $1,000 fine.
- More than 14 grams, third offense: felony, up to two years in prison and up to a $2,500 fine.
- More than 14 grams, fourth or subsequent offense: felony, up to eight years in prison and up to a $5,000 fine.
- 2.5 pounds or more: prosecuted as distribution regardless of intent, with a mandatory minimum of one year and up to 20 years in prison, plus a fine of up to $50,000.2Justia. Louisiana Revised Statutes Title 40 RS 40:966 – Manufacture; Distribution
First and second offenders above the 14-gram line may be eligible for probation instead of jail. A third conviction crosses into felony territory, which carries lasting consequences for employment, housing, and voting rights well beyond the sentence itself.
Selling and Growing
Distribution and cultivation are felonies at any quantity in Louisiana. Less than 2.5 pounds carries a mandatory minimum of one year and up to ten years in prison, plus a fine of up to $50,000. At 2.5 pounds or more, the ceiling jumps to 20 years with the same fine.2Justia. Louisiana Revised Statutes Title 40 RS 40:966 – Manufacture; Distribution
Cultivation is treated under the same structure. Growing a single plant is a felony, with the sentence keyed to the weight of usable marijuana produced. There is no personal-use exception and no small-garden allowance.
Paraphernalia
Pipes, bongs, and rolling papers marketed for drug use are their own offense. Possessing paraphernalia with intent to use it for marijuana is illegal even if you have no marijuana on you.3Justia. Louisiana Revised Statutes Title 40 RS 40:1021 – Definitions A clean car with a pipe in the glove box is still a chargeable situation.
Driving While Impaired by Marijuana
Louisiana has no per se THC limit comparable to the 0.08 BAC standard for alcohol. Prosecutors build DWI cases on officer observations, field sobriety tests, and toxicology results showing THC in your system alongside signs of impairment.
A first-offense marijuana DWI is a misdemeanor with a fine of $300 to $1,000, up to six months in jail (which can be fully suspended), 32 hours of community service, a substance abuse evaluation, and a 90-day license suspension. Medical marijuana patients get no exemption from DWI laws. Because there is no defined legal threshold, you cannot point to a THC number and say you were under the limit; if an officer believes you were impaired and a test finds THC, you can be charged.
Medical Marijuana
Louisiana legalized medical marijuana through Senate Bill 271 in 2016.4Louisiana State Legislature. SB271 Act 96 The program was limited to non-smokable products such as oils, tinctures, and topicals until House Bill 391 authorized raw, smokable flower for registered patients in 2021.5Louisiana State Legislature. HB391 Act 424
Who Qualifies
The named qualifying conditions include cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, Crohn’s disease, Parkinson’s disease, multiple sclerosis, muscular dystrophy, intractable pain, cachexia or wasting syndrome, severe muscle spasms, and autism spectrum disorder when associated with self-injury or aggression. Beyond that list, Louisiana law allows an authorized clinician to recommend medical marijuana for any condition they sincerely believe cannabis could help.
Who Can Recommend It
Physicians, nurse practitioners with prescriptive authority from the Louisiana State Board of Nursing, and medical psychologists licensed by the Louisiana State Board of Medical Examiners can all issue recommendations.6Louisiana Board of Pharmacy. Authorized Clinicians – Therapeutic Marijuana Guidance Each recommendation expires within 12 months, so patients renew annually.7Louisiana Department of Health. Medical Marijuana
Where to Buy and How Much
The retail system is tightly capped. The state licenses only 10 marijuana retailers, each allowed up to two satellite locations. Retailers can sell only products made by Louisiana-licensed manufacturers and cannot ship outside the state. As of January 2025, the Louisiana Department of Health oversees marijuana retailers under Act 693 of 2024.7Louisiana Department of Health. Medical Marijuana
Patients are limited to 71 grams of flower per 14-day period. With so few storefronts across the state, rural patients often face a long drive even though the program is legally available statewide.
Federal Law Still Applies
Medical marijuana is a state creation. Federally, marijuana remains a Schedule I controlled substance, and that gap has real consequences patients often don’t anticipate.
Guns
Federal law prohibits any user of a controlled substance from possessing firearms or ammunition, and the ATF has stated this applies to marijuana users regardless of state medical programs. Holding a Louisiana medical recommendation federally bars you from buying or possessing a firearm, and a dealer with reason to believe a buyer uses marijuana cannot legally complete the sale.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Open Letter to All Federal Firearms Licensees
Federal Land
National parks, military bases, federal courthouses, and post offices are federal jurisdiction, and marijuana possession there remains a federal crime. In late 2025, the Department of Justice rescinded earlier guidance that deprioritized simple-possession prosecution, signaling more active enforcement on federal property.9United States Department of Justice. U.S. Attorney’s Office Announces Rescission of Marijuana Charging Guidance
Airports
TSA officers do not search for marijuana, but they are required to report any illegal substance they find, and the agency’s position is that marijuana and cannabis products above 0.3 percent THC remain illegal under federal law. The individual officer makes the call at the checkpoint.10Transportation Security Administration. Medical Marijuana A valid Louisiana recommendation offers no protection.
Employment and Drug Testing
Louisiana does not protect medical marijuana patients from workplace consequences. No state law bars an employer from firing, disciplining, or refusing to hire someone who tests positive, even with a valid recommendation. You can lawfully buy cannabis from a state-licensed retailer, use it at home as your clinician suggested, and still lose your job for a positive test the next week. Assume any Louisiana employer, public or private, can enforce a zero-tolerance policy.
Clearing an Old Marijuana Conviction
If you have a first-offense misdemeanor marijuana possession conviction, Louisiana lets you petition for expungement 90 days after the conviction, a change that took effect in 2023 and replaced a five-year wait. The total cost is capped at $300, split among the Bureau of Criminal Identification and Information, the sheriff, the district attorney, and the clerk of court.
Expungement removes the conviction from court and law enforcement records, which matters for job applications, rental screenings, and professional licensing. You file the motion in the court that handled the original case. This streamlined path is specifically for first-offense misdemeanor possession; felony marijuana convictions follow a longer, more involved expungement process.