LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 165 HLS 24RS 510
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 30, 2024 10:30 AM Author: BOYD
Dept./Agy.: Corrections/Courts
Subject: Penalties for Marijuana Drug Paraphernalia Analyst: Daniel Druilhet
CRIME EN DECREASE LF EX See Note Page 1 of 1
Provides relative to marijuana paraphernalia
Current law imposes a delineated list of penalties for convictions related to transactions in drug related objects or possession
or use of drug paraphernalia - on first conviction, a fine of no more than $300, or imprisonment for no more than 15 days,
or both; on second conviction, a fine of no more than $1,000 or imprisonment for no more than six months, or both; on
third or subsequent conviction, a fine of no more than $2,500 or imprisonment for no more than 2 years, or both; for a
second or subsequent conviction by any person licensed under the occupational license tax law, forfeiture of the right to any
permit issued thereunder with the possibility of suspension or revocation of the permit. Proposed law changes the penalty
for a first or subsequent conviction for possessing drug paraphernalia intended for, or used solely for, the inhalation,
ingestion, epidermal or sublingual absorption, or other method of introducing marijuana or marijuana derivatives into the
human body for quantities of paraphernalia not exceeding those required for individual personal use as follows - on first
conviction, a fine of $100, and on second conviction, a fine of $500, and on third or subsequent conviction, a fine of $2,500.
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 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 2024-25 2025-26 2026-27 2027-28 2028-29 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
Proposed law will likely result in an indeterminable decrease in Local Funds expenditures for local governing authorities if a
person is convicted of possession or use of drug paraphernalia intended for use, storage, packaging, inhaling, or ingestion of
marijuana is fined $100, $500, or $2,500, instead of imprisoned. This legislation reduces the penalty relative to a
misdemeanor offense (on first conviction) and a relative felony (on third or subsequent conviction, with or without hard
labor), and eliminates all sentences of imprisonment for defendants who are convicted.
Proposed law will likely result in an indeterminable decrease in SGF expenditures in the Department of Public Safety and
Corrections – Corrections Services (DPS&C – CS), if a person receives a second or subsequent felony conviction for
possession or use of drug paraphernalia intended for use, storage, packaging, inhaling, or ingestion of marijuana, is fined
$500 or $2,500 instead of imprisoned. DPS&C-CS advises that impacts on offender populations are anticipated to impact
the number of offenders held in local facilities, and that in managing its offender population, it seeks to fill all beds in state
facilities first, then assigns overflow offenders to local facilities. Those convicted will only be subject to a $500 or $2,500
fine, rather than being sentenced and then subsequently housed in a local facility at a rate of $26.39 per offender per day.
The exact fiscal impact of the passage of this legislation is indeterminable, because it is not known how many convicted
people will receive fines instead of imprisonment as a result of its potential enactment.
To the extent that offenders sustain a second or subsequent misdemeanor conviction for proposed law, local governing
authorities will sustain a decrease in Local Funds expenditures. Those convicted will only be subject to a $500 or $2,500
fine, rather than being sentenced and then subsequently housed in a local facility. The exact fiscal impact of the passage of
this legislation to local governing authorities is indeterminable, since it is not known how many people previously subject to
imprisonment in local facilities will only be subject to the respective fines imposed.
REVENUE EXPLANATION
Proposed law will likely result in an indeterminable decrease in local revenues as a result of second convictions of possession
or use of drug paraphernalia intended for use, storage, packaging, inhaling, or ingestion of marijuana, as it reduces the
maximum fine that can be assessed to offenders in first or subsequent convictions. The exact fiscal impact of the passage of
this legislation on local revenue is indeterminable, as the fines that would be imposed on those convicted are variable in
nature, and the number of fines that will be imposed on offenders convicted of proposed law is unknown.
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}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer


Statutes affected:
HB165 Original: 40:1025(A)(1)
HB165 Engrossed: 40:1025(A)(1)
HB165 Enrolled: 40:1025(A)(1)
HB165 Act 682: 40:1025(A)(1)