While Louisiana has seen some reform regarding marijuana laws, marijuana possession
remains illegal for recreational purposes and can lead to serious criminal charges. If you’ve been
arrested or ticketed for marijuana possession in Lake Charles, Louisiana, or Calcasieu
Parish, it’s crucial to understand your rights and the potential consequences. At The Colonna
Law Firm, LLC, our dedicated Lake Charles Criminal Defense Attorney, Jacob Colonna,
provides experienced and aggressive defense to protect your freedom, your record, and your
future.
Even a seemingly minor marijuana charge can have lasting impacts on your employment,
education, housing, and reputation. Do not assume a small amount means no consequences.
Contact us immediately to discuss your options.
Understanding Marijuana Laws in Louisiana
Louisiana classifies marijuana as a Schedule I Controlled Dangerous Substance (CDS),
indicating a high potential for abuse. While medical cannabis is legal for qualifying patients
with a doctor’s recommendation, recreational marijuana use and possession remain illegal
across the state. Recent changes have primarily decriminalized small amounts, but penalties can
still be severe, especially for larger quantities or repeat offenses.
What Does “Decriminalized” Mean in Louisiana?
Decriminalization for small amounts of marijuana means that while it’s still illegal, the penalties
are less severe than for other drug offenses. For a first offense of possessing 14 grams
(approximately half an ounce) or less, you will not face jail time. Instead, it’s typically a
misdemeanor punishable by a fine of no more than $100. However, it will still go on your
criminal record.
Marijuana Possession Penalties in Lake Charles, LA:
Penalties for marijuana possession in Louisiana are tiered based on the quantity and number of
prior offenses:
14 Grams or Less (First Offense):
o Misdemeanor.
o Fine: Up to $100.
o Jail Time: No possibility of incarceration.
o Record: A criminal record will be created. (See Expungement section below).
More than 14 Grams (but less than 2.5 pounds) – First Offense:
o Misdemeanor.
o Fine: Up to $500.
o Jail Time: Up to 6 months in parish jail.
More than 14 Grams (but less than 2.5 pounds) – Second Offense:
o Misdemeanor.
o Fine: Up to $1,000.
o Jail Time: Up to 6 months in parish jail.
More than 14 Grams (but less than 2.5 pounds) – Third Offense:
o Felony.
o Fine: Up to $2,500.
o Prison Time: Up to 2 years (with or without hard labor).
More than 14 Grams (but less than 2.5 pounds) – Fourth or Subsequent Offense:
o Felony.
o Fine: Up to $5,000.
o Prison Time: Up to 8 years (with or without hard labor).
Large Quantities (e.g., 60 pounds or more): Possession of larger amounts of marijuana
(over 2.5 pounds) carries extremely severe felony charges with mandatory minimum
prison sentences (ranging from 2 to 40 years) and massive fines (up to $1,000,000),
depending on the amount.
Other Important Considerations:
Distribution or Cultivation: Selling, distributing, or cultivating any amount of
marijuana (outside of the medical program) is a felony offense in Louisiana, carrying
mandatory minimum sentences and substantial fines.
Drug-Free Zones: Possessing marijuana within 2,000 feet of a school, church, or other
designated drug-free zone can increase your penalties by 1.5 times the maximum fine
and imprisonment for the underlying offense.
Marijuana Paraphernalia: Possession of marijuana-related drug paraphernalia is
typically a misdemeanor. A first offense can result in a $100 fine, with a second offense
increasing to a maximum $500 fine and up to 1 year in jail.
DWI/DUI (Driving Under the Influence): It is illegal and highly dangerous to operate a
vehicle while impaired by marijuana. A DUI/DWI conviction for marijuana can lead to
license suspension, fines, and jail time, just like alcohol-related DWI.
Can I Get a Marijuana Possession Charge Expunged in Louisiana?
Yes, under House Bill 286 (HB 286), enacted in 2023, individuals with a first-time
misdemeanor conviction for possession of 14 grams or less of marijuana may be eligible to
have their arrest and conviction expunged from their record after just 90 days from the date of
conviction.
Benefits of Expungement: Clearing your record can significantly improve your
opportunities for employment, housing, professional licenses, and educational pursuits, as
it removes the public record of the arrest and conviction.
Process: The expungement process involves filing a motion with the court and can be
complex. While the state aims to streamline this, having an attorney guide you through
the process is highly recommended to ensure all requirements are met.
Our Lake Charles marijuana possession lawyer can assess your eligibility for expungement
and help you navigate the necessary legal steps to clear your record.
Defenses Against Marijuana Possession Charges in Lake Charles
A marijuana possession charge is not an automatic conviction. Our experienced Lake Charles
drug crime attorney will thoroughly investigate your case to identify potential defenses,
including:
Illegal Search and Seizure: Was the evidence (marijuana) obtained in violation of your
Fourth Amendment rights? Was there probable cause for the stop or search?
Lack of Knowledge or Control: Can the prosecution prove you knowingly possessed
the marijuana and had control over it? (e.g., if it was found in a shared vehicle or
property).
Incorrect Weight: Lab errors or improper handling could lead to inaccurate weight
measurements, which are critical for determining felony vs. misdemeanor charges.
Challenging Witness Testimony: Identifying inconsistencies in police reports or officer
testimony.
Medical Marijuana Defense: If you are a qualifying medical marijuana patient, we can
assert your legal right to possess cannabis under the state’s medical program.
Diversion Programs: For first-time offenders, it may be possible to negotiate entry into
a diversion program, allowing you to avoid a conviction if you complete certain
conditions.
Don’t Face Marijuana Possession Charges Alone in Lake Charles.
Even with decriminalization for small amounts, a marijuana possession charge in Lake
Charles, LA, can still impact your life significantly. The legal landscape is complex and
constantly evolving. You need a knowledgeable and aggressive attorney who understands
Louisiana’s specific marijuana laws and how to best protect your rights and future.
If you have been charged with marijuana possession, contact The Colonna Law Firm, LLC
immediately. Our Lake Charles Criminal Defense Attorney, Jacob Colonna, is ready to
provide the strategic defense you need.
Call our Lake Charles law office today for a free and confidential consultation. Let us help
you navigate the legal system and work towards the best possible outcome.