New Orleans Cannabis Possession Penalties

Legal Disclaimer: This information reflects New Orleans cannabis law as of June 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the New Orleans Police Department + Orleans Parish DA or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: April 2026

Two Penalty Schedules to Know

New Orleans cannabis possession exists under two overlapping schedules:

City ordinance §54-507 — $40–$100 municipal summons, no jail.
State law LRS §40:966 — penalties scale with quantity, capped at $100 for ≤14g (HB 652).

Inside Orleans Parish, NOPD uses §54-507 and DA Williams declines state-law referrals — most cases never become state cases. Outside Orleans Parish, only state law applies.

The City Ordinance Schedule

1st offense: $40 fine.
2nd offense: $60 fine.
3rd offense: $80 fine.
4th+ offense: $100 fine.
No jail time at any tier.
City does not distinguish by quantity once charged municipally.

The State-Law Schedule

Quantity	Charge	Maximum Penalty
≤14 g	Misdemeanor (HB 652, 2021)	$100 fine, no jail (regardless of priors)
14 g – 2.5 lbs	Misdemeanor (1st); felony on subsequent	Up to 6 months / $500 (1st)
2.5 – 60 lbs	Felony	2–10 years / up to $30,000
60 – 2,000 lbs	Felony	5–30 years / up to $100,000
2,000+ lbs	Felony	10–40 years / up to $400,000

What Triggers the State Path Despite Williams's Declination

The DA's declination policy applies to simple possession within the personal-use range. It does NOT extend to:

Distribution-quantity packaging — multiple individual baggies suggest intent.
Cash + scales + ledgers — combined evidence of dealing.
Possession with intent to distribute (PWID) charges.
Cannabis paired with other offenses — firearm, DUI, outstanding warrant, violent crime.
School-zone enhancements under LRS §40:981.3 (1,500 ft of a school).
Cannabis paired with a federal-jurisdiction charge at MSY airport, the cruise port, or federal land.

Paraphernalia — Separate Charge

Louisiana paraphernalia (LRS §40:1023) is a separate misdemeanor — up to 6 months, $1,000. New Orleans has effectively de-prioritized paraphernalia prosecution under DA Williams, but the statute is on the books and out-of-Orleans jurisdictions prosecute.

Federal Land Implications

Cannabis on federal land — Louis Armstrong International Airport, the Port of New Orleans cruise terminal, NAS-JRB Belle Chasse, NASA Michoud, federal courthouses — falls under federal law (Schedule I). Federal Border Patrol checkpoints on I-10 between Louisiana and Texas have been documented. The §54-507 ordinance and Williams's declination provide no federal protection.

Driving Penalties (DUI) — Separate

Driving under the influence of cannabis remains prosecutable under LRS §14:98 — Operating a Vehicle While Intoxicated. Louisiana does not have a per-se THC limit; cases are impairment-based with SFST and Drug Recognition Expert testimony. See Cannabis Louisiana DUI page.

Expungement

Louisiana expungement under LRS §44:9 is more accessible for misdemeanor cannabis possessions (post-HB 652) than for felony convictions. Generally:

Misdemeanor possession — eligible after 5 years from completion of sentence.
Felony possession — eligible after 10 years; subject to court discretion.
PWID convictions — generally not expungeable.