What makes marijuana illegal? Whether you're talking about pot, marijuana, cannabis, or weed, Louisiana calls it a Controlled Dangerous Substance. The Uniform Controlled Dangerous Substances Law (LSA R.S. 40:961) is a series of statutes that define five classes of controlled dangerous substances, from Schedule I drugs to Schedule V drugs; Schedule I being the most serious and Schedule 5 being the least serious.

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Cash crop

According to NORML, marijuana is Louisiana's 6th largest cash crop –after rice, but before sweet potatoes. But for street price per production dollar, marijuana is #1.

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Penalties

Marijuana is classified as a Schedule I, Hallucinogenic substance. The possession of marijuana is treated a little differently than the possession of other Schedule I drugs (many of which carry life sentences). Unlike most states, the amount of marijuana in possession, as long as it is less than sixty pounds, does not matter. The penalties for possession are:

	First offense: five hundred dollars and/or up to six months in jail.
	Second offense: two thousand dollars and/or up to five years in jail.
	Third offense: up to twenty years in jail.
	Conviction for the possession of other Schedule I drugs can be considered in determining prior convictions for possession of marijuana.
	Possession of sixty pounds but less than two thousand pounds: not less than ten years up to sixty years.
	Possession of two thousand pounds but less than ten thousand pounds: not less than twenty years up to eighty years.
	Possession of ten thousand pounds or more: not less than fifty years up to eighty years.

Any person who attempts or conspires to commit any of the offenses above can be sentenced to one-half the penalty for committing the offense itself. If a person over 18 distributes to a person under 18 who is at least 3 years younger, the penalties can be doubled. The penalties can also be doubled for any person of any age who distributes to a student enrolled in a public or private school. Distribution on schools grounds, at drug treatment facilities, at churches, or on public housing authority property can also increase the penalties.

The marijuana dealers tax

Right before the Sweet Potato Tax statute comes LSA R.S. 47:2601 which levies a tax on all dealers of marijuana in the State of Louisiana. Further, the law authorizes tax stamps that must be "affixed to or stamped on marijuana or controlled dangerous substances, or containers thereof."

To quote further from the law: "Stamps shall be affixed by the dealer on the smallest container or package of marijuana or controlled dangerous substance that is subject to the tax, to permit the secretary to readily ascertain by an inspection of any dealer's stock on hand whether or not the tax has been paid."

And how much is the tax? $3.50 per gram and the stamps are available from the Department of Revenue. By the way, dealers are not required to give their name or address when they buy their stamps.

And if a dealer does not have stamps on his goods? In addition to the other criminal penalties, the dealer faces up to five years at hard labor. Although the law seems amusing, the purpose is obvious: to enable additional prosecutions for the same offense. A similar Arizona law was recently overturned.
 

All forms of cannabis can have negative physical and mental effects including a substantial increase in the heart rate, bloodshot eyes, a dry mouth and throat, and increased appetite.

Use of cannabis may impair or reduce short-term memory and comprehension, alter sense of time, and reduce ability to perform tasks requiring concentration and coordination, such as driving a car. Motivation and and the ability to understand may be altered, making learning difficult.

Therapeutic use of marijuana in Louisiana

A doctor licensed in Louisiana who is also licensed with the DEA to dispense Schedule I drugs can prescribe marijuana for the treatment of:
 

	Glaucoma
	Symptoms resulting from chemotherapy for cancer treatment, and
	Spastic quadriplegia

The marijuana must be obtained in compliance with FDA and DEA administrative guidelines. So, as a practical matter, as long as the federal government is not favorably disposed to the therapeutic use of marijuana, nothing much will happen in Louisiana for this area of patient care.

Official definition of marijuana

"Marijuana" means all parts of plants of the Genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound , manufacture, salt derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, of the sterilized seed of such plant which is incapable of germination. -R.S. 47:2602

Other drug laws

For all scheduled drugs, it is also illegal to: 1) keep or maintain any building, car or boat which is frequented by persons with controlled dangerous substances; 2) acquire a controlled dangerous substance by fraud; 3) counterfeit a drug or drug label; 4) alter a prescription drug; 5) obtain or attempt to obtain a blank prescription form; 6) possess a prescription of another person without express permission of the person for whom the prescription was written.

Violations of the above can carry a penalty of up to five years.

Drug traffic loitering
is the remaining in a public place under circumstances indicating a violation of the controlled substances laws. Violations can be by: acting as a lookout; hanging around known drug areas; possessing drug paraphernalia; taking flight upon the appearance of a police officer; and many, many more. Drug traffic loitering carries a penalty of up to six months and a $1,000 fine.