House Debates Bill on Marijuana Laws

Posted on Apr 19, 2013 in Drugs

Photo courtesy of the Denver Post

The Louisiana House of Representatives is set to vote on a new bill that is trying to scale back on the penalties for possessing marijuana. House Bill 103, which is sponsored by Democratic representative Austin Badon, seeks to lessen penalties for second- and third-offense users as well. If the bill is passed, New Orleans criminal lawyers say that drug users may have a better chance of rehabilitation instead of incarceration.

Under the state’s current “three strikes” law, also known as the habitual offender law, if a Louisiana resident has a previous record of three felony charges, and is caught with marijuana in his or her possession, a mandatory sentence of 20 or more years in prison is imposed. This law was brought into the public spotlight with the 2011 conviction of Patrick Carney, who was sentenced to 30 years of jail time after he was caught selling $25 of marijuana.

Bill 103 intends to make the possession of natural or synthetic cannabis a municipal offense, much like a provision passed in 2010 by the New Orleans City Council. With this provision in place, police can issue a fine for possession instead of placing the individual under arrest. According to New Orleans criminal lawyers, this change at the City Council level has the potential to reduce the number of marijuana possession cases in courts, as well as the number of inmates who need to be housed in county jails, over time. The change was put into effect in January of 2011.

The House bill reflects the Council’s possession, and seeks to bring down the mandatory minimums for possession sentencing. Under current law, a first conviction for possession includes a $500 maximum fine, a six-month sentence, or both. A second conviction carries a fine of $250 to $2,000, a five year sentence, and enrollment in a substance abuse program. A third conviction increases the fine to $5,000, and the jail time to a maximum of 20 years. Any convictions for possession following the third fall under the Habitual Offender Law, and the state mandates that these convicts spend more than twenty years in prison.

If passed, Bill 103 would reduce the sentence maximums for a second and third conviction—for the second offense, Louisiana residents who possess the drug would face fines up to $500, and a one year jail sentence, or both. New Orleans criminal lawyers report that the bill repeals the requirement that offenders complete a substance abuse program as part of their sentence. The third conviction would carry fines of $2,000 or two years in prison. Notably, fourth-time offenders would be sentenced to a five-year jail term, or fined up to $2,000, or both. The bill eliminates the state maximum of twenty years for multiple offenses.

Bill 103 has received some pushback from those who disagree with the inclusion of synthetic cannabinoids, because they are a labeled as Schedule 1 drugs in Louisiana. But criminal attorneys in New Orleans say that if the bill is passed, former convicts who are in possession of marijuana could have a better chance at starting over, without the threat of spending two decades behind bars for what is known in the City Council as a municipal offense.

At Bloom Legal, New Orleans criminal attorney Seth Bloom represents anyone charged with a crime, including repeat drug offenders.

  • I don’t know how much room I have, so I’ll get right to it. Marajuana should be legalized immediately. Here are just a few reasons that perhaps so people can relate to, at least those with some intelligence and still free thinkers: 1) All the money that is going to Mexico, Columbia, etc. for the purchase of pot will stay in America; 2) Our farmers who have been struggling with impossible conditions will have a crop to grow under any circumstances, therefore, putting farmers in this country back to work; 3) Tax revenues from the sale of legal pot will surely balance our budgets in no time at all; 4) We can stop de-foresting our forests and leave a few trees for future generations because hemp produces paper (the Declaration of Independence is written on hemp paper; 5) Medical marijuana, which relieves pain so well, will be available without hassle and can literally help those of us in chronic severe pain so so much; 6) We can certainly ease the problem of jail overcrowding immediately; 7) We can stop putting good kids in jail for something that GOD provided and is not processed by man in any way. The only thing man has to do is dry it properly, and I personally think it is a natural treatment for depression, as the GOOD LORD intended; 8) It will free up Court dockets to deal with things like murder, gangs, heroin trafficking, innocent killings, etc., not to mention how it will literally put cops back on the street instead of writing these stupid reports; 9) I have never seen anyone smoking pot start an argument, threaten anyone that if they don’t hand the pot over they will be dead, kill anyone to get it (unless of course its for the money); 10) Take these petty criminals off the street because they will not longer have a product to sell and if they are selling something, the cops will know its serious; 11) It is relaxing; 12) It is non-addictive, although some people will abuse anything; 13) It will put greatly needed tax dollars back into the economy and get us out of this defficet so fast it will make you head swim; 14) It can be a controlled substance, i.e. booze and cigs, and keep it out of the hands of children until such time as they are old enough to make an intelligent decision about the use of it; 15) It actually expands one’s mind so that all sorts of things can be rationalized and reasoned out; 16) The artists will get better, and the writers, teachers all because it lets one expand their thought process and allow thoughts that heretofore have been forbidden; 17) and, I could go on and on and on, but alas, it is bed time.

    Before I go, give peace a chance and this is a passive substance that could teach the world to love one another as opposed tp perpetuating hate, discrimination, profiling, persecution; give people a reason to love each other instead of hate each other because it makes one feel free to love.

    If America does not take this huge step soon which could help all of us in so many ways, we don’t stand a chance of making it.



You Might Also Like:

(T) 504-599-9997 (f) 504-595-3208

Downtown location
  839 St. Charles Ave
  Suite 310

New Orleans, Louisiana

Contact Us