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MARIJUANA MOMENT
LOUISIANA HOUSE REJECTS BILL THAT WOULD HAVE SET UP MARIJUANA REGULATIONS IN
ADVANCE OF ADULT-USE LEGALIZATION
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POLITICS
LOUISIANA HOUSE REJECTS BILL THAT WOULD HAVE SET UP MARIJUANA REGULATIONS IN
ADVANCE OF ADULT-USE LEGALIZATION
Published
5 seconds ago
on
May 20, 2024
By
Ben Adlin
House lawmakers in Louisiana rejected legislation on Monday that would have laid
out a regulatory framework for legalizing adult-use marijuana in the state,
voting 57–37 against the proposal from Rep. Candace Newell (D).
The measure, HB 978, would not have legalized cannabis itself. Rather, it would
have begun establishing a regulatory system that would take effect if either the
state or the federal government later legalized marijuana for adults.
“The bill does not legalize recreational marijuana,” Newell told colleagues
ahead of the floor vote, describing legislation as a sort of trigger law. “This
is a regulation structure that I would like to see Louisiana put in place in
preparation for having recreational marijuana legalized on the federal level or
on the state level.”
People With Anxiety Report Better Sleep On Days They Use Marijuana
People With Anxiety Report Better Sleep On Days They Use Marijuana
Individuals with anxiety sleep better when using marijuana than when consuming
alcohol or abstaining entirely, a recent study found. Researchers examined the
subjective sleep quality of participants who used cannabis to manage anxiety.
Their aim was to explore how sleep was influenced by marijuana, alcohol, both,
or neither on a given day. Their analysis encompassed outcomes from days of
non-use, cannabis-only use, alcohol-only use, and combined use. “Compared to
non-use, participants reported better sleep after cannabis-use-only and after
co-use, but not after alcohol-use-only,” said researchers at the University of
Colorado, Colorado State University and University of Haifa. According to the
authors of the study, “these findings add to the emerging evidence of cannabis’s
sleep-enhancing properties.” While alcohol has been found to help people fall
asleep, the study confirmed past research showing that alcohol doesn't improve
sleep quality as effectively as cannabis.
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“Oftentimes,” she added, lawmakers “have put in place regulation
structures—trigger laws—that have been in place just in case our federal
government does make some changes.”
Opponents, however, said they were against legalizing marijuana and couldn’t
support a regulatory bill.
Rep. Laurie Schlegel (R), who introduced an amendment that was adopted to delay
the bill’s effect until a separate law taxing marijuana were adopted, said she
wouldn’t vote for HB 978 itself, “just to be transparent, because I do not
believe in legalizing recreational marijuana.”
Fellow Republican Rep. Polly Thomas, who also opposed the bill, suggested to
Newell that the ostensibly minor change of setting up a regulatory structure
would ultimately open the door to broader reform.
“Are you familiar with the phrase ‘the camel’s nose under the tent’?” she asked
Newell.
“No, I am not,” the bill’s sponsor replied.
“OK, would you like for me to explain it?” Thomas inquired.
“I don’t think I do,” Newell said.
“OK, well,” Thomas paused. “I, like Rep. Schlegel, will not be voting for this
bill.”
“You told me several times,” interjected Newell.
“Yeah, well, I’m gonna tell you ever time that I possibly can,” Thomas shot
back.
Supporters in the legislature planned to implement legalization in Louisiana in
three parts: pass a regulatory measure this year, then work next year to advance
separate bills to legalize adult possession and create a marijuana sales tax.
“We do not have a tax structure in place right now for this because this was not
the legislative year to bring a tax,” Newell explained. “So I have not had the
opportunity—nor have any of you had the opportunity—to put in a tax structure.”
Getting the regulatory measure through the state’s conservative legislature
would have been a significant win for advocates, and it would have set lawmakers
up to better define what their program might look like in the next session.
Kevin Caldwell, Southeast legislative manager for the group Marijuana Policy
Project, said he’ll keep working to build support among lawmakers through this
year and into the next legislative session.
“We will continue to push the legislature to honor the wishes of the people of
Louisiana who, in poll after poll, say they want to end cannabis prohibition,”
Caldwell told told Marijuana Moment.
While another regulatory bill, HB 707, is technically still alive this session,
it’s not yet clear whether that alternative proposal will receive a vote or even
a hearing before lawmakers adjourn for the year. It includes a more permissive
regulatory structure, including a provision that would allow home cultivation.
HB 978, the bill rejected by the House on Wednesday, would have authorized the
Louisiana Department of Health to issue up to 10 production facility licenses.
The commissioner of the office of alcohol and tobacco, meanwhile, would have
been able to issue up to 40 retail licenses.
Retailers could have sold up to one ounce of marijuana or marijuana products to
adults 21 and older, though selling on the internet, offering any products or
services other than cannabis and any alcohol- or tobacco-containing products
would be forbidden.
Providing or permitting entertainment, or permitting prostitution on the
premises, would also be explicitly disallowed.
Anyone owning 5 percent or more of a production business would have needed to
pass a background check, and anyone licensed or contracted to cultivate,
process, transport or sell marijuana would be disqualified if they have been
convicted or pleaded no contest to theft, illegal possession of stolen goods,
fraud, violence or any offenses involving Schedule I drugs that are not
marijuana.
Application fees for production licenses would have been capped at $2,500, while
license fees would not exceed $100,000 annually. Licensees would also have
needed to pay a “suitability” fee to the Louisiana State Police’s gaming
enforcement section and a $50 permit fee for each employee. An amendment adopted
on the floor on Monday would have allowed regulators to set licensing fees in
addition to making a number of technical changes to the bill.
Retail licenses would carry an initial $100,000 permit fee and incur an annual
renewal fee of $50,000. People would need to be 21 to own, work at or enter a
retail establishment.
License holders could sell their production licenses only to individuals who’ve
lived in the state for at least five years or to a group at least 51 percent
owned by Louisiana residents.
Fines and penalties for violations around the law range from $2,500 to $10,000
and six months to five years behind bars.
Lawmakers in a House committee passed the other marijuana regulatory bill last
month. That legislation, which also would not itself legalize cannabis, would
establish an adult-use cannabis program under the Louisiana Department of
Health. Unlike HB 978, it would not set a limit on the number of dispensaries or
producers that regulators could license.
—
Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—
Adults could also grow marijuana at home for personal use under the other bill,
HB 707. After obtaining a permit, they would be able to cultivate up to six
plants per person, with a maximum of 12 plants per household. There would be a
$75 annual fee for the permit.
As it stands in Louisiana, possession of up to 14 grams (or half an ounce) of
marijuana is decriminalized, punishable by a $100 fine without the threat of
jail time.
Last year, former Gov. John Bel Edwards (D) also signed into law a measure that
was designed to streamline expungements for people with first-time marijuana
possession convictions.
Whether current Gov. Jeff Landry (R) will be willing to sign into law any
legislation moving the state toward adult-use legalization is another question.
While his Democratic predecessor approved more incremental steps and
acknowledged legalization as inevitable, he consistently said the state would
not legalize under his tenure.
Seven in 10 Louisianans support legalizing recreational marijuana possession for
adults—and nine in 10 back medical cannabis legalization—according to a survey
released last year.
While marijuana legalization has stalled in the Louisiana legislature, there
have been efforts to end prohibition and tax cannabis sales that have moved
without being enacted.
For example, a comprehensive legalization measure and complementary cannabis tax
bill from Rep. Richard Nelson (R) advanced through committee before the tax
proposal was rejected on the House floor in 2021, torpedoing the broader
measure’s chances.
Lawmakers have also taken several steps to reform other cannabis laws and build
on the state’s medical marijuana program in recent sessions.
In 2022, for example, the former governor signed a slew of marijuana reform
bills, including one key measure that would expand the number of medical
dispensaries that can operate in the state and another to prevent police from
searching people’s homes over the smell of cannabis.
> Federal Judge Grants Public Access To Lawsuit Hearing Between Marijuana
> Companies And Justice Department This Week
Marijuana Moment is made possible with support from readers. If you rely on our
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Related Topics:
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Companies And Justice Department This Week
Ben Adlin
Ben Adlin, a senior editor at Marijuana Moment, has been covering cannabis and
other drug policy issues professionally since 2011. He was previously a senior
news editor at Leafly, an associate editor at the Los Angeles Daily Journal and
a Coro Fellow in Public Affairs. He lives in Washington State.
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