Louisiana lawmakers have voted to send Governor Jeff Landry a bill that would impose significant Louisiana cannabis penalties, including jail time, for individuals found smoking or vaping cannabis near school properties. House Bill 568 (HB 568), sponsored by Representative Gabe Firment (R), passed the Senate in a 23-10 vote on Monday, following its earlier approval by the House. The legislation now awaits the Governor’s signature, whose staff previously testified in support of the measure.
Increased Penalties for Cannabis Use Near Educational Zones
HB 568 targets individuals who violate drug laws by “smoking, vaping, or otherwise abusing such controlled dangerous substance while on any property used for school purposes by any school, within two thousand feet of any such property, or while on a school bus.” This expanded definition includes college campuses within the protected zones. For cannabis-related violations, the bill establishes a penalty of up to one year in jail and a $1,000 fine, as reported by Marijuana Moment.
Representative Firment stated during a House committee hearing that the bill aims to “strengthen enforcement of Louisiana drug-free school zone laws by creating a clear behavior-based offense.” He emphasized that this would enable law enforcement to act and prosecutors to prove cases when someone is openly consuming illegal drugs in a school zone, ensuring “real, enforceable consequences.” Senator Rick Edmonds (R) echoed this sentiment on the Senate floor, noting that the bill “strengthens enforcement of Louisiana drug school zone law by adding a behavior-based trigger for violations and clarifying the penalty structure.” He added that the bill does not alter what is legal but provides law enforcement with a practical tool for consistent consequences in school zones.
Industry Concerns Regarding Enforcement and Impact
The passage of HB 568 has drawn criticism from cannabis advocacy groups. Kevin Caldwell, Southeast legislative manager for the Marijuana Policy Project (MPP), expressed disappointment, stating that the bill represents “a return to the failed policies of mass incarceration for cannabis” in urban and suburban areas of the state. Caldwell highlighted concerns that these punitive penalties historically affect “the working poor and people of color.”
- The “arbitrary area” of 2,000 feet, which is rarely marked and described as a “geographic trap.”
- The reclassification of public consumption as a felony, which Caldwell argues is not based on reason and is disproportionate to the offense.
- The vague language of the bill, particularly for a felony charge.
Caldwell also noted that the legislation contradicts public opinion, which he states favors ending prohibition rather than increasing enforcement. He attributed the bill’s passage to Governor Jeff Landry, who reportedly lobbied state representatives and senators for its approval without amendments, marking what Caldwell considers “a major step backwards for Louisiana.” This contrasts with a 2021 bill signed by then-Governor John Bel Edwards (D), which decriminalized possession of up to 14 grams of marijuana by removing jail time as a penalty.
Broader Legislative Context in Louisiana
The advancement of HB 568 occurs amidst other legislative efforts concerning cannabis and psychedelics in Louisiana. As previously reported by Hemp Gazette, lawmakers have been considering various proposals, including a Senate bill to permit medical marijuana use for patients with terminal and irreversible conditions in hospitals. Additionally, legislation to create a psychedelic-assisted therapy pilot program, funded by opioid settlement dollars for clinical trials involving substances like psilocybin and ibogaine, is under consideration.
Furthermore, proposals have been introduced to establish a state task force to study the potential legalization of recreational marijuana and to create an adult-use marijuana legalization pilot program. Representative Candace Newell (D) is sponsoring the “Adult-Use Cannabis Pilot Program Regulation and Enforcement Act,” though similar efforts in previous sessions did not advance to enactment, indicating the conservative legislature’s cautious approach to broader cannabis reform.
Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.
