Louisiana is considering jailing kids for weed again

Louisiana lawmakers are considering legislation that could put minors behind bars for possessing even small amounts of cannabis, less than a year after the state enacted legislation to end prison sentences for low-level cannabis possession convictions. The measure, House Bill 700, was introduced by Republican Representative Larry Bagley in the Louisiana House of Representatives on March 4 and was approved by a Legislative Committee last week.

Last year, the Louisiana legislature passed House Bill 652, a law decriminalizing the possession of small amounts of cannabis. The law was passed in June and went into effect in August, ending the possibility of jail time for possession of less than 14 grams of weed. The legislation was welcomed by cannabis reform advocates, including Peter Robins-Brown, policy and advocacy director at Louisiana Progress, a partnership between the Coalition for Louisiana Progress and the Louisiana Progress Action Fund.

“Decriminalizing marijuana will really change the lives of people in our state,” Robins-Brown said after the decriminalization bill was passed last year. “This is an important first step in modernizing Louisiana’s marijuana policy and another milestone in the ongoing effort to address our incarceration crisis that has trapped so many people in a cycle of poverty and prison. Now is the time to ensure everyone knows their rights under this new law and that law enforcement officials understand how to properly implement it.”

But now some of that progress is being jeopardized by Bagley’s bill, which would bring back on the table jail time for minors caught possessing small amounts of cannabis. The legislation would amend Louisiana’s decriminalization law to revive jail time as a possible punishment for young people’s possession of weed, but would not affect penalties imposed on adults convicted of the same offense.

Hard work for a half lid

Under HB 700, under the law, anyone under the age of 18 caught with less than 14 grams of cannabis can be probated or “imprisoned for no more than fifteen days” on first conviction. In cases involving more than 14 grams of cannabis, a first conviction can put a child behind bars for up to six months.

The penalties become harsher for subsequent convictions. A minor’s second conviction for possession of up to 14 grams of cannabis can result in six months in prison. On a third and fourth conviction, children are sentenced to two and four years’ imprisonment, respectively, “with or without hard labor” for possessing less than half an ounce of weed.

According to the Louisiana Illuminator, Bagley has said HB 700 is needed because schools in the state are struggling to keep cannabis off campuses. He said prosecutors have no way of forcing children into drug rehabilitation programs without the threat of incarceration, and that judges are unlikely to jail a minor for possession of small amounts of marijuana.

“It was presented as if this bill was about putting people in jail. It’s not,” Bagley said.

But Robins-Brown, who is now executive director of Louisiana Progress, said school disciplinary action, including suspension, expulsion or exclusion from athletics and other activities, was a more appropriate way to address the issue.

“We don’t think we should criminalize youth any more than we do adults,” Robins-Brown said.

Megan Garvey of the Louisiana Association for Criminal Defense Lawyers noted that there are other ways to coerce minors into drug treatment. Under state law, family judges can order parents or legal guardians to place their children in treatment programs.

But the bill has bipartisan support from lawmakers. State Representative Nicholas Muscarello voted in committee for HB 700, despite generally supporting legislation to relax cannabis prohibition.

“We try to rehabilitate children. This allows our courts to contain them and bring them before drug courts,” Muscarello said. “No judge puts a kid in jail for six months for marijuana.”

Although he also voted in committee for the bill, Republican state Representative Danny McCormick expressed concern about the revival of the HB 700 prison sentence for children caught with weed. He questioned why the penalties are harsher than laws prohibiting juvenile possession of alcohol or tobacco. Under Louisiana law, persons under the age of 21 can be fined up to $100 for alcohol possession and lose their driver’s license for up to six months, while minors who possess cigarettes can be fined $50 can become.

“Alcohol would be a lot more harmful than marijuana in my opinion,” McCormick said.

Last week, the House Committee on the Administration of Criminal Justice approved HB 700 after the measure was amended to include exceptions for minors who are registered medical cannabis patients who possess regulated cannabis products. On Monday, the bill was scheduled to be debated by the entire Louisiana House of Representatives on April 5th.