The State of Louisiana certainly knows how to have fun. Each year, approximately 50 million visitors travel to Louisiana to enjoy our beautiful cities and fun festivals. With so many out-of-state visitors and so many states with legalized recreational marijuana or medical marijuana laws, the question is bound to arise regarding whether it’s legal to bring cannabis to Louisiana from other states.
The simple answer to the question is no. Understanding how this law works is important for knowing your rights, and our team at the John D. & Eric G. Johnson Law Firm is here to help.
Driving Across State Lines with Marijuana is Illegal
Many states across the U.S. have legalized recreational and medical marijuana over the past 10 years. States where marijuana legalization has occurred include the following:
- Washington
- Alaska
- California
- Colorado
- Illinois
- Maine
- Michigan
- Nevada
- Oregon
- Vermont
If you purchase recreational or medical marijuana in any of these states, you can legally transport it within the state. Once you exit the state where marijuana is legal, however, and enter a state where it is not, you’re breaking the law.
Even with proof of purchase, if you’re caught transporting cannabis in a state where it’s not legalized, you can face steep fines and possible incarceration.
Interstate Transportation Laws and Federal Jurisdiction
Navigating the complexities of interstate transportation laws and understanding the scope of federal jurisdiction is crucial for individuals considering transporting substances like marijuana across state lines.
Despite the varying state laws on marijuana use and possession, federal law maintains a uniform stance against the interstate transportation of marijuana due to its classification as a Schedule I controlled substance. This federal jurisdiction supersedes state laws where marijuana may be legal for medical or recreational use.
Interstate Commerce Clause
The Interstate Commerce Clause of the U.S. Constitution permits the federal government the authority to regulate the transportation of goods and services across state lines.
This includes controlled substances like marijuana. As a result, transporting marijuana from a state where it’s legal into another state, regardless of the destination state’s marijuana laws, violates federal law.
Enforcement by Federal Agencies
Federal agencies, including the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI), enforce federal drug laws. These agencies have the authority to investigate and prosecute individuals involved in the interstate transportation of controlled substances.
Enforcement efforts are particularly stringent at federal checkpoints and borders between states.
Penalties for Interstate Transportation of Marijuana
The penalties for transporting cannabis across state lines can be severe, including hefty fines and imprisonment.
The severity of penalties typically depends on the quantity of marijuana involved, prior convictions, and whether the transportation is linked to distribution or trafficking activities. Even small amounts intended for personal use can lead to federal charges under the CSA.
Legal Implications for Individuals
For individuals, the implications of federal jurisdiction over interstate transportation of marijuana are clear: even if you legally purchase marijuana in one state, taking it across state lines exposes you to potential federal charges.
Legal protections offered by state laws do not apply once you enter the domain of interstate commerce or federal territory.
Understanding the intersection of interstate transportation laws and federal jurisdiction is vital for anyone considering transporting marijuana across state lines.
Commercial Airlines Do Not Allow Recreational Marijuana
Medical and recreational marijuana is still illegal at the federal level, and because airports are technically under the jurisdiction of the federal government, traveling with marijuana is not advised.
If you attempt to travel with marijuana via airplane across state lines, be prepared for the consequences that might follow. Penalties for attempting to take marijuana or medical cannabis on a plane include:
- Questioning by the DEA
- Fines
- Probation
- Possible Incarceration
The penalties you face for traveling with marijuana, even medical cannabis, depend heavily on how much marijuana you’re carrying and whether you’re transporting it with the intention of distribution.
Driving While Under the Influence of Marijuana in Louisiana is Illegal
Driving under the influence of recreational marijuana remains strictly illegal in Louisiana, reflecting the state’s commitment to road safety. This law is in line with the prohibition of driving while impaired by any substance, including alcohol and other drugs.
Louisiana enforces this regulation to minimize road accidents, ensure the safety of all road users, and discourage the consumption of impairing substances before or while driving.
In Louisiana, if a driver is suspected of being under the influence of cannabis, even medical marijuana, law enforcement officers have the authority to conduct field sobriety tests and may require chemical tests, such as blood or urine tests, to determine the presence of THC (the psychoactive component in marijuana) in the driver’s system.
The legal repercussions of driving under the influence of marijuana can be severe and include hefty fines, license suspension, and even imprisonment.
Louisiana Medical Marijuana Laws
While Louisiana permits the use of medical marijuana for qualifying patients, there are stringent legal guidelines and considerations that patients must adhere to in order to remain compliant with state medical cannabis laws.
Understanding these legal nuances is essential for patients to ensure they do not inadvertently violate medical marijuana laws. The following are key legal considerations for medical marijuana patients in Louisiana:
Qualifying Conditions and Certification
To be eligible for medical cannabis in Louisiana, patients must have a diagnosis for one of the state-approved medical conditions.
These conditions range from chronic pain or illnesses such as cancer, epilepsy, and PTSD to debilitating conditions like Parkinson’s Disease and multiple sclerosis. Medical cannabis can aid in symptom alleviation.
Patients must receive a recommendation from a state-licensed healthcare provider who is registered with the Louisiana State Board of Medical Examiners to recommend medical marijuana and obtain a medical marijuana card.
Registration and Identification
Upon receiving a recommendation, patients may be required to register with the Louisiana Department of Health or a designated state agency overseeing the medical marijuana state program.
This process typically involves submitting the recommendation, completing an application, and possibly obtaining a medical marijuana ID card. This ID serves as proof of the patient’s eligibility to possess and use medical cannabis in accordance with state laws.
Possession Limits
Louisiana law specifies possession limits for medical marijuana patients, dictating how much marijuana a patient can legally possess at any given time. These limits are designed to ensure that patients have access to their medication while preventing excessive accumulation that could suggest an intent to distribute. Patients must adhere to these limits to avoid legal repercussions.
Consumption and Public Use
Even though medical marijuana is legal for patients with a prescription, there are restrictions on where and how it can be consumed. Public consumption of medical marijuana is typically prohibited.
Furthermore, smoking medical cannabis may be restricted or banned entirely, with the state favoring non-smokable forms of the medication such as oils, tinctures, and edibles.
Travel and Interstate Transport
Medical marijuana patients must be cautious when traveling, as transporting medical marijuana across state lines remains a federal offense, even if traveling to another state where medical marijuana is legal.
Federal law does not recognize state-issued medical marijuana cards or prescriptions, putting patients at risk of federal prosecution if they transport marijuana across state boundaries.
Navigating Legal Challenges
Patients may encounter legal challenges or questions regarding their use of medical marijuana.
It is advisable for patients to seek legal counsel familiar with Louisiana medical marijuana laws to navigate any issues that arise, ensuring compliance with both state and federal laws and maintaining the legal right to use medical marijuana for therapeutic purposes.
Patients should ensure they buy medical marijuana from dispensaries authorized by Louisiana.
The Louisiana Board of Pharmacy recognizes medical marijuana as a reliable and beneficial treatment option for various approved medical conditions.
Decriminalization of Marijuana in Louisiana
In 2021, Louisiana made a significant change to its recreational marijuana laws, decriminalizing the possession of small amounts of marijuana. Specifically, individuals found with 14 grams or less of marijuana are no longer subject to arrest; instead, they will receive a criminal summons to appear in court.
This means that law enforcement officers cannot detain these individuals or require them to post bail. Additionally, the penalties for conviction have been lessened.
Despite these changes, it remains illegal to possess even small quantities of marijuana in Louisiana without a proper prescription.
Penalties for Marijuana Possession in Louisiana as of 2024
The following are the penalties for possession of marijuana:
- For a first offense involving 14 grams or less, there’s a fine of $100.
- Possessing more than 14 grams for the first time can lead to up to six months in jail and/or a $500 fine.
- A subsequent offense for possessing more than 14 grams carries the same potential jail time but includes a fine of $1,000.
- The third time someone is caught with more than 14 grams, they could face up to two years in jail and/or a $2,500 fine.
- Four or more offenses involving more than 14 grams can result in up to eight years in jail and/or a $5,000 fine.
For personalized and robust defense strategies, speak with a criminal defense lawyer at John D. & Eric G. Johnson Law Firm.
Penalties for Intent to Distribute and Distribution
The following are penalties for intent to distribute or the act of marijuana distribution in Louisiana:
- Possessing 2.5 pounds or more of marijuana is considered as having the intent to distribute.
- For less than 2.5 pounds, the punishment ranges from 1 to 10 years in jail and/or a fine of up to $50,000.
- For 2.5 pounds or more, penalties increase to 1 to 20 years in jail or a fine of up to $50,000.
Keep in mind that if you are arrested for intent to distribute or distribution, you are not automatically found guilty of a crime. A criminal defense lawyer knows how to fight for you and position your case the right way to seek either dismissal or reduction of penalties.
What to Do If You Are Arrested for Marijuana Possession
Being arrested for marijuana can be a daunting experience, even with decriminalized possession, due to the nuanced marijuana laws in Louisiana.
Understanding how to respond during and after an arrest significantly affects the outcome of your case. The following are essential steps to follow if you find yourself in this situation:
1. Remain Calm and Respectful
The moment of arrest is critical. Stay calm, collected, and respectful towards the arresting officers. Agitation, resistance, or disrespect can exacerbate the situation, leading to additional charges or negatively impacting your case.
2. Exercise Your Right to Remain Silent
You have the right to remain silent, and it’s advisable to exercise this right. Apart from providing your identification, politely decline to answer further questions without an attorney present.
Statements made during arrest can be used against you in court.
3. Do Not Consent to Searches
If officers ask to search your vehicle or property without a warrant, you have the legal right to refuse. While they may still proceed if they have probable cause, your explicit refusal is important and can be a critical point in your defense.
4. Request an Attorney Immediately
As soon as possible, ask for an attorney. Do not discuss your case or sign any documents until your attorney is present. An experienced drug offense attorney can provide legal advice, help protect your rights, and begin crafting your defense strategy.
5. Follow the Legal Process
After an arrest, you’ll likely be booked and possibly held until arraignment. During this initial court appearance, charges against you will be read, and you may enter a plea.
Your attorney can guide you through this process, advising whether to plead guilty, not guilty, or no contest based on the specifics of your case.
6. Document the Arrest and Detention Conditions
As soon as you’re able, document everything about the arrest and detention. Note the time, location, the officers involved, what was said, and how you were treated.
7. Do Not Discuss Your Case
Do not discuss your case with anyone but your attorney. This includes conversations with friends, family, or cellmates if you’re detained. These discussions can be discovered and potentially used against you.
8. Consider Your Defense Options
Your attorney will discuss the possible defenses for your case, which might include challenging the legality of the stop, the search and the seizure of cannabis, or arguing for mitigating circumstances.
Trust their focused knowledge and experience to build a robust defense.
9. Explore Alternative Sentencing or Plea Bargains
Depending on your case’s specifics, your attorney may negotiate a plea bargain or explore alternative sentencing options, such as diversion programs, probation, or community service, especially if you’re a first-time offender.
10. Prepare for Court
An arrest for marijuana possession is not the end of the road. With the right strategy and representation, you can navigate the legal system effectively.
Contact Our Experienced Drug Offense Attorneys in Louisiana
If you’ve been charged with possession of marijuana in the state of Louisiana as a resident or a visitor, it’s important to find a trusted attorney who is experienced with drug offenses as soon as possible. In the state of Louisiana, that attorney is Eric G. Johnson of the John D. & Eric G. Johnson Law Firm.
Attorney Eric Johnson has more than 23 years of experience defending thousands of drug cases in Louisiana. If you have questions about the medical marijuana laws in Louisiana or decriminalization laws, we are here to help. Our attorneys are also members of the Louisiana Bar Association and the National Association of Criminal Defense Lawyers. To schedule your free consultation, call our office at (318) 377-1555 or contact us online. We look forward to talking with you today!