No jail time for weed possession in Louisiana unless you’re a kid, then we lock you up?

In Louisiana, lawmakers are considering legislation that would allow minors to put even small amounts of weed in jail, less than a year after the state passed legislation stating that violations of minimal cannabis possession no longer carry prison terms should lead time.

House Bill 652 was passed by the Louisiana Legislature last year. It’s a bill designed to legalize the possession of small amounts of cannabis. The law went into effect in August, despite being passed in June, ending the chance that you could be jailed for possession of less than fourteen grams of cannabis. The law was praised by Peter Robins-Brown, the policy and advocacy director at Louisiana Progress, a partnership between the Coalition for Louisiana Progress and the Louisiana Progress Action Fund, and other cannabis reform advocates.

Peter Robins-Brown claimed that decriminalizing cannabis would actually change the lives of people in the state of Louisiana. He added that this is a crucial first step in updating cannabis policy in Louisiana. It is also another significant event in the ongoing effort to address the state’s incarceration crisis. This crisis has trapped many people in a cycle of prison and poverty. And now is the time to make sure everyone is aware of their rights under this new legislation and that law enforcement officials have the proper knowledge of how to implement them.

However, some of that progress appears to be in jeopardy due to Bagley’s bill, which would again put jail time on the table, this time for minors with small amounts of marijuana. The bill would streamline Louisiana’s decriminalization law to reintroduce jail time as a punishment option for young people’s cannabis possession. At the same time, the penalties for adults convicted of the same offense will not be affected.

HEAVY PENALTY FOR HALF A LID

Under the House Bill, under the statute, persons under the age of eighteen caught in possession of less than fourteen grams of marijuana can be sentenced to probation or a maximum of fifteen days imprisonment on their first conviction. A first-time conviction in cases involving possession of more than fourteen grams of cannabis can result in a prison sentence of up to six months.

The penalties will become more severe after future convictions. A minor’s second conviction for possession of up to fourteen grams of cannabis can result in a six-month prison sentence. Subsequent third and fourth convictions result in two and four years in prison for the children, respectively, for possessing less than a half ounce of marijuana with or without forced labor.

According to the Louisiana Illuminator, Bagley has stated that House Bill 700 is necessary because Louisiana schools have a hard time keeping weeds off campuses. He also said prosecutors have no way of coercing children into drug treatment programs without threatening them with jail time, and judges are unlikely to convict a minor for possession of small amounts of weed.

Bagley also explained that the bill was presented as if it were all about locking up people, but it isn’t.

However, Robins-Brown, who is now executive director of Louisiana Progress, believes school discipline such as suspension, expulsion, or removal from sports and other activities is a better way to deal with the problem.

Robins-Brown also stated that he didn’t think young people should be more severely criminalized than adults.

Megan Garvey, along with the Louisiana Association of Criminal Defense Lawyers, found that there are other ways to persuade minors to seek drug treatment. One is that state law allows family court judges to order parents or wards to enroll their children in treatment programs.

But the bill has the backing of lawmakers from both parties. Louisiana State Representative Nicholas Muscarello voted in committee for House Bill 700, although he supports legislation relaxing the marijuana ban.

Nicholas Muscarello went on to say that the goal of the bill is to rehabilitate children. It allows the courts to keep the children in check and bring them before drug courts. He added that no judge would sentence a child to six months in prison for cannabis.

Republican State Representative Danny McCormick expressed concern that House Bill 700 would repeal prison sentences for children caught using cannabis. However, he also voted in committee for the bill. He asked why the penalties were harsher than regulations prohibiting young people from possessing alcohol or tobacco.

Minors under the age of 21 can be fined up to $100 and lose their driver’s license for up to six months if they carry alcohol, while minors with cigarettes can be fined $50.

FINAL EFFECT

The sole purpose of the bill is to try to regulate the availability of cannabis and its distribution. Therefore, the part of the bill that threatened to prosecute and sentence young people to prison terms needs to be adjusted as it is inconsistent with the progressive nature of the bill and the previously passed Cannabis Legitimation Act.

In proposing changes to this law, Peter Robins-Brown and Danny McCormick are not endorsing young people’s use of cannabis. However, they believe that young people should not be the focus of such laws or be punished as harshly.

Danny McCormick explained that he believes alcohol is far more harmful than cannabis.

The House Committee on Administration of Criminal Justice approved House Bill 700 last week after adjusting the measure to add exceptions for young people who are accredited cannabis patients and have regulated cannabis products. The bill was scheduled for an April 5 plenary debate in the Louisiana-wide House of Representatives, announced Monday.

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