On this page
- Is marijuana legal in Louisiana?
- What are the penalties for marijuana possession over 14 grams?
- When can police search you for marijuana?
- Can a marijuana charge affect your job, school or probation?
- What is the penalty for intent to distribute marijuana?
- Can you get a DWI for marijuana in Louisiana?
- What happens if you have marijuana and a gun?
- Can a marijuana conviction be expunged?
- What should you do if you are charged with a marijuana offense?
Is marijuana legal in Louisiana?
No. Recreational marijuana is not legal in Louisiana, but possessing a small amount is now treated much more lightly than it used to be. Since a 2021 law (Act 247), possession of 14 grams or less is punished by a fine of up to $100 with no jail time, no matter how many times it happens. Police enforce it with a summons instead of a custodial arrest.
Above 14 grams, or when police allege you intended to sell, the picture changes fast. Those charges can still bring jail, prison and a lasting record.
What are the penalties for marijuana possession over 14 grams?
Possession of more than 14 grams is punished on a ladder that climbs with each offense under La. R.S. 40:966:
| Offense | Maximum fine | Maximum jail or prison |
|---|---|---|
| 14 grams or less (any offense) | $100 | None |
| Over 14 grams, 1st | $500 | 6 months |
| Over 14 grams, 2nd | $1,000 | 6 months |
| Over 14 grams, 3rd | $2,500 | 2 years (felony exposure) |
| Over 14 grams, 4th or more | $5,000 | 8 years |
Notice the jump at the third offense. A third conviction for more than 14 grams carries up to 2 years, which creates felony exposure and can affect everything from gun rights to future sentencing. Counting priors correctly is one of the first things a defense lawyer should check.
There is also a one-time benefit: a small-amount conviction cannot be used to enhance a later charge if 2 years pass after the sentence without another marijuana conviction.
When can police search you for marijuana?
Police generally need a warrant, your consent or another recognized legal reason to search you, your car or your home. Whether a search was lawful is one of the most important questions in any marijuana case, because evidence from an illegal search can be thrown out.
Many searches happen because a person agreed to them. You have the right to say, politely and clearly, "I do not consent to any searches." Do not physically resist, even if officers search anyway. If the search was not legal, your lawyer can challenge it in court later.
Write down what happened as soon as you can: why you were stopped, what the officer said, whether you were asked for consent, and what you answered. Those details often decide whether a motion to suppress is possible. Barry Ranshi's podcast episode on search and seizure in drug cases, listed on our videos page, covers this topic.
Can a marijuana charge affect your job, school or probation?
Yes, even when the penalty is small. A marijuana conviction can appear on background checks used by employers, landlords and schools until it is expunged. A fine-only offense is still an offense on your record.
If you are already on probation or parole, a new marijuana charge or a failed drug test can create a separate problem: a possible violation of your supervision. That can expose you to jail time on your original case, which may be far more serious than the new charge. Our page on probation violations explains how those hearings work.
For students and young people, the record can matter for applications and scholarships. That is why it is worth handling even a summons carefully, with an eye on expungement later.
What is the penalty for intent to distribute marijuana?
Distribution, or possession with intent to distribute, is a felony. Under La. R.S. 40:966, it carries 1 to 10 years and a fine of up to $50,000 for less than 2.5 pounds. At 2.5 pounds or more, it carries 1 to 20 years at hard labor and up to $50,000.
Police and prosecutors sometimes treat a modest amount as "intent" based on things like how it was packaged or what else was found. That leap can often be challenged. Our guide to possession vs. possession with intent explains the difference in detail.
Are marijuana pipes and paraphernalia illegal?
Paraphernalia is still illegal, but marijuana paraphernalia for personal use is now fine-only. Since a 2024 law (Act 682), it carries a fine of $100 for a first offense, $500 for a second and $2,500 for a third or later offense, with no jail.
Paraphernalia linked to other drugs is treated more harshly under La. R.S. 40:1025: up to $300 and 15 days for a first offense, up to $1,000 and 6 months for a second, and up to $2,500 and 2 years for a third or later offense.
Can you get a DWI for marijuana in Louisiana?
Yes. Louisiana's DWI law covers driving while impaired by any drug, not only alcohol. Since 2024, the law defines "drug" broadly as any substance that can impair your ability to drive safely, and a prescription is no longer a defense by itself. A marijuana-related DWI is punished on the same ladder as an alcohol DWI.
These cases often turn on the officer's observations and any lab results, which can be complicated for marijuana. See our Louisiana DWI penalties guide and our DWI defense page for more.
What happens if you have marijuana and a gun?
This combination can turn a minor case into a very serious one. Louisiana now allows most adults 18 and older who are not barred from having a gun to carry a concealed handgun without a permit. But carrying a firearm while in possession of illegal drugs is a separate crime under La. R.S. 14:95, punished by 5 to 10 years at hard labor without benefit and a $10,000 fine.
A conviction can also cost you the right to have a gun at all. A felony drug conviction bars firearm possession for 10 years after you finish your sentence under La. R.S. 14:95.1, and violating that ban carries 5 to 20 years at hard labor.
If a gun was found along with any amount of a drug, talk to a lawyer before you talk to anyone else. Our gun and weapons charges page has more information.
Can a marijuana conviction be expunged?
Yes, and quickly in many cases. A first-offense marijuana possession conviction can be expunged 90 days after the conviction. A first offense may also be eligible for a deferred sentence under Article 894 (misdemeanor) or Article 893 (felony), which can lead to a set-aside and dismissal after probation.
For distribution charges, the options narrow. Most drug distribution felonies cannot be expunged, and Article 893 deferral is not available for drug offenses punishable by more than 10 years. Read our Louisiana expungement guide for the full rules.
What should you do if you are charged with a marijuana offense?
Start by finding out exactly what you were charged with and in which court. A summons for a small amount is very different from an arrest for intent to distribute. Then protect your options:
- Do not discuss the case with police, friends or on social media.
- Keep the summons, bond papers and any property receipts.
- Write down how the search happened: where you were, what the officers said and whether you gave consent.
Many drug cases are won or lost on whether the search was legal. Barry Ranshi is a former Orleans Parish prosecutor who knows how these cases are built. Call (504) 905-8399 for a free, confidential consultation, 24/7, or learn more about our drug charge defense. We also serve clients in Kenner and Metairie. One call to (504) 905-8399 can tell you where you stand.