Louisiana Cannabis Laws & Regulations
Right between Texas and Mississippi on the southeastern border of the United States sits the State of Louisiana. It is the birthplace of jazz, the crawfish capital of the world, and home to the famous Mardi Gras celebration. Baton Rouge is the State's capital and offers breathtaking views of the Mississippi River. It is the second most populated city in the State, right after New Orleans.
Louisiana has a long history with cannabis legislation. In 1978 medicinal cannabis usage was legalized for patients with glaucoma and cancer. However, it was reported that there was very little follow-through with the program. A more serious initiative passed in 2015 that set up the framework to dispense medical cannabis. It wasn't until 2019 that Louisiana distributed medical cannabis for the first time.
In June of 2021, Governor John Bel Edwards signed HB 391 into law which lifted the prohibition of raw smokeable cannabis beginning January 1, 2022. Medical cannabis patients will be allowed to have up to 2.5 ounces in their possession.
Is Weed Legal in Louisiana?
YES, but only for medicinal purposes in the State of Louisiana for people with a medical marijuana recommendation. Patients can obtain medical cannabis recommendations from a registered cannabis physician. You must be 18 years old and diagnosed with a qualifying medical condition.
Weed Legalization in Louisiana
Louisiana's attempts to start the legalization of cannabis began in 1978. Then-Governor Edwin Edwards signed a law legalizing medical cannabis for glaucoma and cancer patients. This law created the Marijuana Prescription Review Board, whose members were supposed to be appointed by the Department of Health and Human Resources (DHH) secretary. The department was also responsible for contracting national groups for product and distribution. However, there was no follow-through with the process, and no official program was ever implemented.
In 1991 the State amended the law to add spastic quadriplegia to conditions eligible for medical cannabis usage. It also attempted to give the DHH a deadline to create regulations by January 1992. The DHH did complete these regulations, but not until 1994. Even then, the laws "neither legalized nor gave the (health department) authority to address several other components that would be necessary to provide access to medical marijuana," State Department of Health and Hospitals spokeswoman Olivia Watkins told NOLA.com.
In 1998 Fred Mills was appointed executive director of the Louisiana Board of Pharmacy. He began receiving calls from doctors and patients requesting to fill their cannabis prescriptions and realized that while there were prescriptive regulations, there were none for the cultivation and distribution of the product, leaving both doctors and patients at a dead end.
Mills sponsored SB 541 in 2014, which detailed a system for prescriptions, dispensaries, cultivation, and distribution, but it died by a vote in the Senate health committee. It wasn't until 2015 when Mills sponsored SB 143 that gave power to three state agencies the capacity to develop the framework for a medical cannabis program, Louisiana began to see the bridge between prescription and access to the product. It authorized ten dispensaries, a cultivation site, and non-smokable cannabis products like oils and pills.
The first sale of legal, medical cannabis wouldn't happen till 2019. Even then, the Louisiana Board of Medical Examiners granted minimal physician permits, leaving many would-be patients searching for a doctor who would recommend cannabis for them.
That changed in 2020 when HB 819 was signed into law, greatly expanding the medical cannabis program and allowing any licensed physician in good standing with the State to prescribe cannabis for any condition they felt to be debilitating to their patient. In 2021 HB 391 was enacted and lifted the prohibition on raw/crude and smokable cannabis products starting January 1, 2022. Possession of up to 2.5oz of cannabis flower is legal for medicinal purpose
As of 2022, the consumption of cannabis is legal for medicinal use in the state of Louisiana.
Cannabis Tax in Louisiana
There are currently nine operating dispensaries in Louisiana, but the state announced at the end of August that seven of the state's nine dispensaries will be allowed to open one "satellite" location each. Patients 18 years or old with a qualifying medical condition may acquire a recommendation from a licensed physician to purchase cannabis.
HB 507 levies a 7% tax on the gross sales of Louisiana medical marijuana. There are no other taxes applied to cannabis sales. It dedicates the funds to the Community and Family Support System Fund. Louisiana passed HB 514 in 2021 and taxes smokable crude/raw 4.45%. These funds are allocated to the Construction Subfund of the Transportation Trust Fund.
Where Can You Legally Use Weed in Louisiana?
Cannabis can be legally used in the following areas in Louisiana:
đź—ą Private properties such as residences
Cannabis CANNOT be consumed in:
X Public spaces
X Businesses that lack a license for commercial cannabis consumption
X Motorized vehicles in motion, for both driver and passengers
Is Cannabis Delivery Available in Louisiana?
Yes, marijuana delivery is available for medicinal purposes in Louisiana.
What are the Restrictions on Cannabis Possession in Louisiana?
For transfer to another adult:
Patients are not allowed to share their cannabis in Louisiana.
For the State's home cultivation program:
Home cultivation is not currently permitted.
For medicinal use:
- Dried cannabis: 2.5 ounces / 71 grams every two weeks.
- Cannabis concentrates: 30-day supply.
During vehicular transportation:
- Cannabis may either be in a sealed container, or
- Stored in the trunk of the vehicle
Have Questions About Getting a Med Card in Louisiana?
Learn more about medical cannabis in Louisiana with our extensive set of patient resources:
