Louisiana Marijuana Laws

Medical cannabis is legal in the state of Louisiana. For a long time, Louisiana had some of the most severe marijuana laws in the country. There was even the possibility of hard labor in a state prison instead of serving time in a parish jail.

Louisiana's stance on medical marijuana and its laws have eased a bit over the years. But, the rules surrounding cannabis use in the state remain complicated:

• Medical marijuana is available for patients, but there are qualifications.
• Adult-use recreational marijuana remains illegal, although some low-THC hemp edibles are OK.
• Possessing a small amount of marijuana has been decriminalized, but you'll still get charged with a misdemeanor.

We will use this article to spell out what you need to know about the medical marijuana program in Louisiana and how to qualify. You'll learn about the government departments that oversee the program and the bills in front of lawmakers in Baton Rouge.

Louisiana Medical Marijuana Laws

The history of legalizing medical cannabis in Louisiana is an odd one. The first bill legalizing medical marijuana in the state became law in 1978, but there was no legal way to get cannabis. In 1991, the state enacted a qualifying condition, but there was still no way for even qualified patients to get marijuana. Act 261 in 2015 gave full legalization for medical marijuana.

How the Medical Marijuana Program Works in Louisiana

The laws continue to evolve in the state, allowing for more qualifying conditions, allowing different types of cannabis products. The laws also allow the gathering of statistics from physicians to chart the effects of medical marijuana on patients since marijuana legalization.

Under Act 491/HB 697, signed into law by Gov. John Bel Edwards in 2022, the Louisiana Department of Health (LDH) has assumed regulatory authority over the state's medical marijuana program.

The Louisiana Department of Agriculture and Forestry (LDAF) issues licenses and regulates growers, and the Louisiana Department of Revenue oversees sales taxation. The cannabis retail tax rate in Louisiana is 7%.

The number of dispensaries operating in Louisiana is on the rise. While the number reached the original proscribed limit of 10 in March of 2024, HB 697 allows existing dispensaries to open up to two satellite marijuana stores each if they meet certain patient enrollment numbers.

Before, the Southern University Agricultural Center and the Louisiana State University Agricultural Center were the only licensed medical cannabis growers in the state. But, in June 2024, Senate Bill 228 forced the two public universities to transfer their cultivation rights to private companies.

How To Qualify for Medical Marijuana in Louisiana

Unlike most other states, Louisiana does not issue a medical marijuana card. Physicians or employees at a medical cannabis clinic take your ID, proof of Louisiana residency, and medical records. They will then send their recommendation to the medical marijuana pharmacy of your choice. When you go to that dispensary, you must show your ID.

To be eligible for the medical cannabis program, a patient must be suffering from one or more of the following:

• Multiple sclerosis (MS)
• Post-traumatic stress disorder (PTSD)
• Epilepsy
• Glaucoma
• Amyotrophic lateral sclerosis (ALS)
• Fibromyalgia
• Muscular dystrophy
• Parkison's disease
• Spasticity
• Cancer
• Seizure disorders
• Alzheimer's disease
• Sickle cell disease
• Intractable pain
• Cachexia or wasting syndrome
• HIV/AIDS
• Traumatic brain injury
• Crohn's disease
• Severe muscle spasms
• Huntington's disease
• Spinal muscular atrophy

Other medical conditions may also qualify a patient. Check with your physician or a medical cannabis clinic for confirmation.

Medical Marijuana Limits and Products in Louisiana

When visiting dispensaries in Louisiana, medical cannabis patients are limited in how much cannabis they can buy. The purchase limit is 2.5 ounces (71 grams) of raw flower every 14 days. You also have the option of buying a 30-day supply of other approved marijuana products instead, such as:

• Tinctures
• Edibles
• Inhalers
• Topical creams

These products are limited to 5mg of tetrahydrocannabinol (THC) per serving.

Delivery is available for medical marijuana patients, and according to Section G7 of RS 40:1046, marijuana pharmacies must offer it at least once per month to the patients in their area.

Louisiana Marijuana Laws — What's Legal?

While medical marijuana use is legal, you still must register with a dispensary to legally have any cannabis products. Other state and federal marijuana laws still apply, such as the prohibition on using marijuana in public or on any federal land.

Recreational use of marijuana remains illegal in Louisiana, and penalties can be harsh. An important number to keep in mind is 14. Carrying 14 grams, or about half an ounce, was decriminalized in Louisiana by HB 652 in August 2021. While this removed the threat of jail, it carries a fine of $100 and goes on the offender's record as a misdemeanor. HB 286 in 2023 gives you 90 days after the arrest to file for expungement of the charge.

Some cities, such as Baton Rouge and Shreveport, have passed ordinances that further reduce penalties for simple marijuana possession. The city of New Orleans waives the misdemeanor charge and the $100 fine for possession, although you will get a summons for using marijuana in public.

Recreational Hemp Edibles

In 2022, the Louisana legislature legalized delta-9 hemp edibles for recreational use. But, in 2024, lawmakers rolled these regulations back somewhat.

House Bill 952 lowered the allowable potency of recreational hemp edibles from 8 milligrams of THC to 5 milligrams. It also bans gas stations from selling hemp edibles and will remove hemp-infused beverages from bars and restaurants.

The table below recaps what you've learned above and adds the penalties for more serious marijuana law transgressions.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct additional legal research to verify particular state laws.

Louisiana Marijuana Laws: Related Resources

• Louisiana Criminal Laws
• Louisiana Criminal Statute of Limitations Laws
• Federal Marijuana Laws
• Details on State Marijuana Laws
• FindLaw's Cannabis Law Section

Facing Marijuana Charges in Louisiana? Get Professional Help Today

The legal marijuana laws of Louisiana are subject to change at any time, with bills bouncing between the state house and senate. Possession of over 14 grams carries serious and life-altering consequences. If you need legal help with a drug case, get a professional in your corner soon. Consult a Louisiana criminal defense attorney to begin building your case.