The pot vote may decide the Florida governor’s race, reads the businessweek headline this week.
In Florida, Democratic operatives are pushing a statewide referendum on medical marijuana that Republican Governor Rick Scott’s supporters say threatens to tilt the race against him. State Republicans have filed a legal challenge to keep the referendum off the ballot.
With the recent political landscape being what it is in Florida, it is evident that the marijuana issue is coming geographically closer to Louisiana. Currently, Louisiana law on marijuana is as follows:
- Possession of any amount of marijuana is punishable by up to six months in jail and a fine of up to $500 for a first offense. For a second offense the penalties increase to up to five years in prison and a fine of up to $2,000. A third or subsequent offense increases the penalty to up to 20 years in prison.
- Cultivation or sale, or possession with intent to distribute less than 60 pounds of marijuana is punishable by 5 - 30 years in prison and a fine of up to $50,000. For greater than 60 pounds of marijuana the penalty increases to 10 - 60 years in prison and a fine of up to $50,000 - $100,000. For greater than 2,000 pounds the punishment ranges from 20 - 80 years in prison and a fine of $100,000 - $400,000. For greater than 10,000 pounds the penalty increases to 50 - 80 years in prison and a fine of $400,000 - $1,000,000.
- Any sale to a minor at least three years younger than the seller doubles the possible penalties.
- For felony possession or sale within 1,000 feet of a school, religious building or public housing the penalty includes a mandatory minimum sentence of at least one half of the maximum penalty for the offense.
- Possession or sale of paraphernalia is punished by up to six months in jail and a fine of up to $500 for the first offense. For a second offense, the penalty increases to up to one year in jail and a fine of up to $1,000. For a third offense, the penalty is up to five years in prison and a fine of up to $5,000.
Medical marijuana law are as follows:
- §1046. Prescription of marijuana for therapeutic use; rules and regulations; secretary of health and hospitals
- Notwithstanding any other provision of this Part, a physician licensed to practice medicine in this state and who is also registered to prescribe Schedule I substances with the Drug Enforcement Administration may prescribe marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols for therapeutic use by patients clinically diagnosed as suffering from glaucoma, symptoms resulting from the administration of chemotherapy cancer treatment, and spastic quadriplegia in accordance with rules and regulations promulgated by the secretary of health and hospitals and in accordance with FDA and DEA administrative guidelines for procurement of the controlled substance from the National Institute on Drug Abuse.
- The secretary of health and hospitals, by January 1, 1992, shall promulgate rules and regulations, authorizing physicians licensed to practice in this state to prescribe marijuana for therapeutic use by patients as described in Subsection A of this Section.
Acts 1991, No. 874, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.
Because of how highly criminalized marijuana is in Louisiana, it is important to have an experienced attorney in handling such charges. If you have been arrested for a marijuana related charge, please call or e-mail J.C. Lawrence or A.J. Ibert.
Source: http://www.legis.la.gov/Legis/Law.aspx?d=96986
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