States that have both a medical marijuana law and have removed jail time for possessing small amounts of marijuana
Updates
Last update: June 05, 2026
The Louisiana Legislature takes a major step backwards in 2026
Over the past several years, the Louisiana Legislature has made steady, incremental progress to roll back what were among the most draconian cannabis laws in the country. The Legislature passed and expanded medical cannabis laws, stopped incarceration for possessing up to 14 grams of cannabis and cannabis paraphernalia, and allowed expungements for low-level cannabis offenses. Despite this policy, Louisiana still arrests/writes summons to 9,046 people a year for possession, according to data provided to the FBI.
In a 2025 special legislative session, the vast majority of criminal justice reforms that had been enacted over the previous four years were reversed, but cannabis reform was not included.
But in 2026, Gov. Jeff Landry (R) prioritized re-criminalizing consumption of cannabis in drug-free school zones. He directed Rep. Gabe Firment (R) to sponsor HB 568, which makes it a felony to smoke, vape, or “otherwise abuse” cannabis within 2,000 feet of a school, university property, or on a school bus. The new law mandates jail time of up to one year and a fine of up to $1,000 for violations. Two thousand feet equals .38 of a mile from any school property. In urban and many suburban areas, these encompass almost entire cities.
While Rep. Firment was often not able to answer questions in committee hearings on the legislation, he had the Deputy Executive Counsel to the Governor join him and respond to legislators' concerns. They were unwilling to entertain any amendments to the legislation. The governor reportedly personally strong-armed legislators to get the bill passed. In close votes, the legislation passed the House and Senate and was signed into law by the governor on May 22, 2026. The governor stated at the bill signing that he intended this to limit the consumption of cannabis at high school and college football games.
Legalization bills do not advance in 2026
Two pieces of legislation were introduced that would have moved cannabis policy forward in 2026. HB373 would have created a three-year pilot program for the adult-use cannabis industry, including legalizing the possession and authorized distribution of cannabis. This bill was voluntarily deferred by the sponsor. Meanwhile, HCR111 would have created a task force to study and make recommendations for recreational cannabis in Louisiana. It was involuntarily deferred in committee.
The one piece of legislation to pass the legislature in 2026 was SB 270. This bill will allow patients who are terminally ill, or their caregivers, to administer and possess medical cannabis in a healthcare facility. The bill was amended to simply allow medical cannabis patients or their caregivers to possess and administer medical cannabis products without the assistance of medical staff. In very tight votes, the bill passed and the governor allowed the bill to become law without his signature on June 1, 2026.
Polling shows Louisiana voters support legalization
The people of Louisiana are ready to rid their state of the overly harsh penalties currently imposed for cannabis offenses. A 2023 poll by Louisiana State University found 70% of respondents support legalizing cannabis for adult use, with 30% opposing. In 2013, only 42% supported legalization in the annual poll.
Louisiana’s largest city listened to voters: In 2016, the New Orleans City Council unanimously passed an ordinance to decriminalize cannabis possession in the city. Shreveport and East Baton Rouge followed suit. In 2021, the New Orleans City Council approved a package of three ordinances sponsored by Councilmember Helena Moreno (D) to move the city as close as it can to legalizing cannabis possession. The city pardoned about 10,000 cannabis possession convictions and pending charges. Anyone who receives a summons for cannabis possession under the new ordinances will have it immediately forgiven, with no action needed from the court or the ticketed individual. Smoking cannabis in public remains a ticketable offense under the Smoke-Free Air Act.
In 2021, the legislature decriminalized simple possession of cannabis statewide, making it a ticketable offense. The penalty for possessing up to 14 grams (or 0.49 oz.) of cannabis was reduced to a fine of up to $100. For those unable to pay, the court must use its discretion for alternatives, such as community service or installment payments.
While this is important progress that will save thousands from arrest and jail time, decriminalization doesn’t fix most of the harms created by prohibiting cannabis.
Vicente law firm performed an analysis for MPP on what an adult-use cannabis industry would generate in sales and tax revenue. It forecasts $922 million dollars a year in sales starting in the third year of implementation, bringing in $222 million in annual local and state tax revenue. Using U.S. government data, the forecast estimates that currently there are 435,000 cannabis consumers over the age of 21 in Louisiana.
While Louisiana first enacted therapeutic marijuana legislation in 1978, it was a program in name only until significant revisions were made starting in 2015.
Louisiana’s first cannabis pharmacies (as they were labeled at the time) opened in 2018. In 2020, the law finally improved to the point that MPP classified the program as an effective law. It now allows smoked and vaporized cannabis, including in raw plant form. The program is administered by the Department of Health and the law now allows any person with any debilitating condition to qualify (as confirmed by a certified medical professional) — in addition to over 15 specified conditions.
A list of authorized cannabis pharmacies can be found here. Currently, there are 28 licensed cannabis dispensaries and that number is expected to increase to 30 by the end of 2026. The state put a cap of 30 cannabis dispensaries for the state. Only two growers/processors are authorized in the state.
The program’s “sunset” clause, which is the expiration date of the medical cannabis program, was extended until 2030 in the 2024 legislative session.
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