LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 652 HLS 21RS 963
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 9, 2021 5:05 PM Author: GLOVER
Dept./Agy.: Court/Local governmental entities
Subject: Penalties for possession of marijuana Analyst: Rebecca Robinson
CONTROLLED SUBSTANCES EN DECREASE GF EX See Note Page 1 of 1
Provides relative to penalties for possession of marijuana
Present law provides criminal penalties (a fine up to $300 and imprisonment for not more than 15 days, or both) for the first
conviction for the possession of marijuana when the offender possesses 14 grams or less. Proposed law provides that on a
first or subsequent conviction for the possession of marijuana, 14 grams or less, an offender shall not be fined more than
$100. Proposed law also provides language to clarify that R.S. 40:966 (d), (e)(i), and (f)(i) apply only when an offender
possesses more than 14 grams of marijuana. Proposed law provides that if an offender alleges indigency, the court shall use
its discretion to find alternatives to full payment, including installment payments or community service. Proposed law
provides for enforcement by use of summons in lieu of custodial arrest.
EXPENDITURES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. DECREASE DECREASE DECREASE DECREASE DECREASE
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds DECREASE DECREASE DECREASE DECREASE DECREASE
Annual Total
REVENUES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds DECREASE DECREASE DECREASE DECREASE DECREASE
Annual Total
EXPENDITURE EXPLANATION
There will be a decrease in SGF expenditures to the Department of Public Safety & Corrections - Corrections Services
(DPS&C) as a result of the proposed measure. Under present law, offenders convicted of the possession of marijuana on a
third or subsequent conviction are convicted of a felony and would be remanded to the custody of DPS&C. Under proposed
law, all convictions of the possession of marijuana, 14 grams or less, is a misdemeanor for which the penalty is a fine with
no jail time. Therefore, DPS&C will experience a decrease to the extent persons are convicted on the third or subsequent
offenses. A reduction in convictions could save DPS&C $26.39 per day per offender and $9,632 annually ($26.39 per day per
offender x 365 days) for those in adult local housing; and $67.36 per day per offender and $24,586 annually ($67.36 per
day per offender x 365 days) for those in a state facility. Under the proposed law, local law enforcement agencies will also
realize an indeterminable decrease in expenditures associated with the removal of jail time as a penalty.
REVENUE EXPLANATION
There will be an indeterminable decrease in self-generated revenue to the District Attorney’s, the Louisiana Public Defender
Board, Clerk of Courts, Sheriff’s Departments, and other local governmental entities as a result of the reduction of the fine
from $300 to $100.
For illustrative purposes, the Louisiana Commission on Law Enforcement (LCLE) reports there were 18,943 arrests for the
possession of marijuana under R.S. 40:966 in 2019. LCLE was unable to distinguish those arrests where the amount in
possession was 14 grams or less.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
Alan M. Boxberger
13.5.2 >= $500,000 Annual Tax or Fee 6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director


Statutes affected:
HB652 Original: 40:966(C)(2)
HB652 Engrossed: 40:966(C)(2)
HB652 Reengrossed: 40:966(C)(2)
HB652 Enrolled: 40:966(C)(2)
HB652 Act : 40:966(C)(2)