Everything You Need to Know About Marijuana Possession in Louisiana
In 2020, marijuana possession is legal in 12 US states plus Washington, D.C. Unfortunately, Louisiana isn’t one of them.
Louisiana does have a medical marijuana program. Yet, barring patients with a physician-approved prescription, anyone else in Louisiana found in possession of cannabis or its derivatives is breaking the law.
If you’ve recently been convicted of cannabis possession, you may be wondering what’s in store for you. That’s why we created this ultimate guide to marijuana possession laws and penalties in Louisiana. Keep reading for everything you need to know.
Marijuana Possession Is Illegal in Louisiana
Louisiana’s Uniformed Controlled Dangerous Substances Law classifies five categories of illegal drugs. These categories are known as Schedules. Schedule one drugs incur the most penalties and Schedule five drugs the least.
Cannabis or marijuana is classified as a Schedule one drug in Louisiana. This includes any part of the cannabis plant, including resins, seeds, and extracts. Hemp seed oil and hemp stalk fibers are exempt from this definition.
The Medical Marijuana Exception
Medical marijuana is legal in Louisiana. Current qualifying conditions include severe conditions like cancer, epilepsy, and HIV/AIDS. However, Louisiana doctors can legally prescribe medical marijuana for any condition if they think it will be beneficial.
Medical marijuana patients are legally allowed to possess cannabis as long as they have a prescription. They must only have 30-days worth of supply at one time and this supply must consist of non-smokable products.
What About CBD?
Cannabidiol (CBD) is a product that comes from legal hemp. Legal hemp is defined as any cannabis plant that is grown with less than 0.3% THC by concentration.
Since CBD comes from marijuana, that begs the question: can you get in trouble for CBD possession?
As of 2019, CBD is legal to sell and possess in Louisiana. However, there are limits. You can possess CBD oil and CBD capsules, but you can’t possess smokable CBD flower or food and beverages containing CBD.
What Are the Penalties for Marijuana Possession?
In Louisiana, an offender’s first marijuana possession charge is usually a misdemeanor. Depending on how much weed you’re found in possession of, the second conviction may also be a misdemeanor.
However, if you commit a third cannabis possession offense, you could have to serve time in prison.
Keep in mind that each of these convictions also applies to possession of synthetic cannabinoids. Possession of synthetic marijuana can also act as a prior offense, meaning getting caught with real weed the second time would act as a second conviction. That is why you want to get the first possession charge dismissed instead of just paying the ticket for it.
Possession of fewer than fourteen grams has different penalties than having more than fourteen grams.
The former will cost you up to a $500 fine, up to fifteen days of jail time, or both. The latter will cost you up to a $500 fine, up to six months in jail, or both.
Upon a second arrest for marijuana possession, Louisiana can legally fine you no more than $1000. The state can also sentence you to jail for no more than six months.
A third marijuana possession charge in Louisiana can cost you two years in prison, up to a $2500 fine, or both. Additionally, third-time offenders must go through a substance abuse program and complete community service hours upon probation.
The substance abuse program and the community service activity has to be court-approved. The offender must complete at least 32 hours of community service.
A fourth conviction in Louisiana can earn you some serious prison time. You can be sentenced to prison for up to eight years. Plus, you may also be responsible for up to a $5000 fine.
Fourth convictions also usually come with a probationary period. You’ll have to attend substance abuse programs and complete at least 32 hours of community service.
How Much Is Too Much?
In some states, the law specifies how much cannabis you can possess before it’s a felony. Louisiana is different. Here, you can get popped for having as little as a gram and the penalties increase if you possess sixty or more pounds.
Possession of Two and a Half to Sixty Pounds of Marijuana
If you’re found in possession of between two and a half pounds and sixty pounds of cannabis, you face increased fines and jail time.
You can serve between two and ten years in prison for possession of up to sixty pounds of marijuana. The fine also increases to no less than $10,000 but no more than $30,000.
Possession of Sixty to Two Thousand Pounds of Marijuana
Having between sixty and two thousand pounds of weed can score you at least five and up to thirty years behind bars. The fine for this category of possession is at least $50,000 but no more than $100,000.
Possession of Two Thousand to Ten Thousand Pounds of Marijuana
Getting caught with over two thousand pounds of marijuana will cost you at least ten years in prison, but no more than forty years. The fine for two thousand to ten thousand pounds of marijuana possession is between $100k and $400k.
Possession of Ten Thousand or More Pounds of Marijuana
In Louisiana, possession of ten thousand or more pounds of marijuana can earn you between twenty-five and forty years of prison time. The fine is also hefty: offenders have to pay at least $400,000 and up to a whopping $1 million in fines.
When to Hire a Louisiana Marijuana Defense Lawyer
Marijuana possession is a big deal in Louisiana. Possession of less than two and a half pounds may only get you a misdemeanor the first two times. But a third conviction or possession of higher amounts of cannabis can earn you serious time behind bars.
Were you popped for a marijuana possession charge in Louisiana? Then it’s about time you called Attorney Carl. Get in touch with Louisiana marijuana defense attorney Carl Barkemeyer to find out how we can help win your case.
Can You Legally Buy Cannabis Seeds Online?
A substantial number of states allow medical marijuana, along with a growing number of places that have legalized recreational cannabis. The public is becoming more aware of the potential benefits of marijuana. People also realize that the damaging side effects of cannabis are often overstated, although some are real. Nonetheless, there is a softening in the stance towards the plant, which is even apparent on a political level.
As well as allowing people to use weed, an increasing number of states are relaxing restrictions on growing it at home.
You’ll need seeds to do so, but this is where it gets complicated for American residents in particular. Even if you live in California, where it is legal to grow cannabis at home, and purchase seeds from a Colorado-based seed bank, your package can STILL be confiscated.
Indeed, you could get in more trouble buying seeds from within the US than from an overseas country! This is the reason why most reputable seed banks that you hear about are located in Europe! This article delves deeper into the legality surrounding the purchase of cannabis seeds in the United States and offers tips to ensure you buy a high-quality product.
Marijuana Seeds Law
Cannabis remains a federally illegal substance in the United States. The plant’s seeds are also classified as cannabis, just like concentrate, flower, or edibles. As cannabis seeds are legal in certain states, seed banks operate within America’s borders. However, most of the best-known sellers operate in Canada or Europe. Let’s find out who can purchase seeds in the United States.
Is It Legal to Buy Cannabis Seeds Online in Any State?
As the nation’s cannabis laws state that the substance is federally illegal, it is technically against the law to buy, sell, or use it anywhere in the country. Indeed, the federal government could arrest someone for consuming cannabis if they so choose because federal law supersedes state law.
However, a majority of states allow medical marijuana, and a growing number permit adult-use cannabis. At present, the United States government has shown no indication that it wishes to interfere with a state’s right to legalize marijuana.
The current situation means you can legally get a cannabis seed from a dispensary in states where recreational cannabis is legal. In medical marijuana states, you’ll need to produce an MMJ card. Otherwise, you’re not allowed to purchase cannabis seeds.
Things are different online. It is illegal to transport cannabis seeds across state lines regardless of whether the plant is legal in both states. Therefore, you can only buy the seeds online if the seller is located within your state, and it is a location where adult-use marijuana is allowed.
Of course, you can take the risk of having your seeds confiscated by trying to order online anyway.
Is There Any Reputable American Seed Bank?
Although the United States is one of the world’s most progressive countries in marijuana legalization, the plant remains federally illegal. As long as this remains the case, users face all manner of complications. Ultimately, purchasing marijuana seeds online is only possible if you live in one of a select few states.
If you are concerned about legal issues, we recommend purchasing your seeds directly from a dispensary rather than buying them online. However, residents of Colorado should have no difficulties in theory. Stores such as The Farm and The Green Solution regularly advertise their online seed options. It should be a quick and easy process to buy them online if you are a resident of Colorado.
Elsewhere, it can be a matter of pot luck (pun intended). First and foremost, we can only recommend online seed purchases if you live in a state where growing marijuana at home is legal. If your package gets intercepted, you could face legal consequences, although this unfortunate situation is relatively rare.
You need a reputable seed bank capable of shipping to numerous states that understands the need for discretion. Such companies know how to package their goods to evade detection. If the seeds are confiscated, the firm will either send a new package for free or refund your money.
Which American Seeds Banks Are the Best?
California-based I Love Growing Marijuana (ILGM) is one of the most trustworthy seed sellers we have found in the United States. The website and store are run by Robert Bergman, who is an expert marijuana cultivator. He offers dozens of options and provides FREE shipping to customers in the United States and Europe.
Rocket Seeds is another American seed bank with a positive reputation. It operates out of the Bronx, New York, and is famed for its rapid shipping.
There are numerous Canadian seed banks known for selling excellent products. Noteworthy brands include Crop Seed Kings, MJSeeds, and Beaver Seeds.
Certain online marijuana seed sellers in the United States try to use subterfuge to ensure their customers receive the seeds.
It is possible to buy seeds from stores only if they are ‘used’ as luxury bird food or fishing bait additives.
In February 2015, one month after cannabis legalization went into effect in Washington D.C., the D.C. Cannabis Campaign organized a ‘seed sharing’ event in the country’s capital. As part of the new law, anyone aged 21+ who attended the event was legally allowed to receive an ounce of seeds. Unfortunately, the laws surrounding purchasing marijuana seeds online in the US have remained as clear as mud in the years since.
European Marijuana Seed Banks
Many of the American seed banks that offer marijuana seeds source them from a seed bank in a European country. When we bemoan the issues that cause federal and state laws to become unclear and confusing, it is important to remember that the US is effectively a continent with 50 different states and additional territories.
Europe is also a continent, and it also has more than 50 countries. The laws surrounding marijuana seeds vary according to each nation but become less confusing because they are separate states. That’s not to say that things don’t become complex!
In principle, cannabis seeds are not illegal in Europe, and it is possible to purchase seeds from another country. In general, when a product enters a European country, it becomes subject to that nation’s laws. The Single Convention on Narcotic Drugs, a 1962 framework for marijuana legalization, is an international treaty that was signed by 180 countries.
In the treaty, marijuana is classed as an illegal substance, but marijuana seeds are not illegal. As international law takes precedence over a country’s own laws, cannabis seeds are technically legal in all 180 countries. Alas, it isn’t as easy as that, and it is much safer to purchase seeds from one European country than another. Here’s a look at marijuana seed laws in a few major European nations:
- Germany: As seeds don’t fall under the German Narcotics Act, they are technically legal to purchase. However, Germany has prohibited the sale of cannabis seeds across the nation, the only EU member state to have done so. As Germany is subject to the EU’s free movement of goods, having seeds sent to Germany is fine.
- United Kingdom: At present, the UK allows for the purchase, sale, or trade of cannabis seeds whether you purchase them domestically or from another European nation. American buyers tend to use UK sellers such as Seedsman, who have been selling seeds globally since 2003. However, we’re not sure what will happen once the UK has left the EU. By the way, UK residents are not allowed to germinate cannabis seeds.
- Netherlands: It is shocking to learn that despite the nation’s relaxed attitude towards marijuana, it is still illegal! However, you should have no issue purchasing cannabis seeds from a Dutch-based seed company. Companies such as Nirvana, MSNL Seeds, and Amsterdam Marijuana Seeds also enjoy good reputations.
- France: Cannabis seeds are legal as long as they are not used for growing. However, you will struggle to find any reputable French cannabis seed dealer.
- Spain: Spain has a similarly lenient policy as the UK. Residents can buy and sell seeds as long as they are for personal use in private areas. Shops need legal authorization to sell seeds. Alicante-based Herbie’s Seeds is a highly rated seed bank.
Types of Marijuana Seeds Available
There are three distinct types of marijuana seeds.
Regular Marijuana Seeds
These seeds come from one female and one male parent. As a result, there is a 50/50 chance that the plant will be the feminized version that carries all of those wonderful cannabinoids. As you have no control of the plant’s gender, there is a chance that you’ll waste weeks waiting for the gender to be revealed.
Feminized Marijuana Seeds
You should purchase feminized seeds instead of their regular counterparts. These seeds have no male chromosomes and are guaranteed to provide resinous bud. In other words, you don’t have to wait for a guarantee which is NOT the case with ‘regular’ seeds.
Autoflowering Marijuana Seeds
This type of seed is your best option if you want to grow your weed indoors. These seeds have genetics that evolved in northern Eurasia which means they are strong and sturdy. They are mixed with Cannabis Ruderalis, a plant known for its ability to grow in harsh weather conditions.
One of the biggest advantages of autoflowering seeds is their ability to produce a minimum of two outdoor crops. When you grow them indoors, however, you can produce four or five crops per annum. Certain strains can become mature in just ten weeks! They are heavily resistant to mold and pests and produce a much higher yield when exposed to a powerful light source.
How to Buy Cannabis Seeds Online Safely
Your safest bet is to stick to one of the reputable seedbanks outlined in this article. Look for companies that have been in the industry for a long time and have earned a significant number of positive customer reviews.
When you purchase a packet of marijuana seeds, make sure the seller explains where the seeds came from and how they were crossed or backcrossed. Don’t risk your money on seeds with no history because there’s no way of telling what you’ll end up with.
The top-rated seed banks are old hands when it comes to getting their products through customs. Some of them offer discreet shipping, which usually involves hiding the seeds in other objects. Therefore, even if a customs official opens the package, it looks like someone else.
The perfect place for seeds…
For your part, it makes sense to make a few small or medium orders. First of all, a large order could draw unwanted attention. Secondly, if one of the packages is confiscated, you won’t lose your entire order.
Finally, you could consider paying via cryptocurrency. Digital currencies such as Bitcoin leave no official record. The issue here is that the volatility of crypto means your order could become expensive in hindsight. Imagine paying in Bitcoin, only to discover that the digital currency’s value doubles in the following two weeks!
Final Thoughts on Buying Marijuana Seeds Online
As much as we would love to provide a definitive answer to the title question, we have to admit that it is complicated. You can purchase seeds within most states where growing marijuana is legal, but the issue is clouded by the fact that marijuana is federally illegal. Then there is the small matter of the nuances of state and even local law.
You should be able to purchase from seed banks in the UK and Netherlands, but make sure you do your research and find a reputable company. The last thing you want is to buy what you think are feminized seeds, only to discover that they are regular seeds capable of producing male plants!
EDITOR’S CHOICE – Homegrown CannabisCo
Homegrown CannabisCo are the masters when it comes to seeds. Offering a massive variety of cannabis seeds that are well categorized, not only does this company create a resource for superb quality options including feminized seeds, it also provides extensive growing information for those looking for some support along their journey.
Will Customs Confiscate My Cannabis Seeds?
Yes, but only if they find them! Some reputable seed banks claim that customs confiscate only 5% of their shipments. A growing number of seed banks use discreet shipping. This involves sending additional ‘gifts’ you didn’t order to conceal the seeds. You’ll receive a confiscation letter instead of the seeds if your purchase is halted at customs. However, the top-rated seed banks tend to offer a money-back guarantee if this happens.
Is It Illegal to Send Seeds in the Mail?
As cannabis is federally illegal, transporting the plant’s seeds across state lines is against the law. This is the case even if you are sending them from one adult-use state to another. However, there is little chance of getting into legal trouble. For a start, it is possible to buy them for research or collectible purposes rather than using them to grow plants.
You’re more likely to get in trouble for sending marijuana seeds from one state to another in America than sending them into the US from abroad. However, it is rare to hear of anyone getting into legal trouble for sending cannabis seeds in the mail. Usually, the worst-case scenario is that your seeds are confiscated.
Why Are Most of the Top Seed Banks International?
It is mainly due to legal issues. The world’s best seed banks are generally located in places like the Netherlands, UK, and Spain, where marijuana laws aren’t as strict as in the United States. US cannabis law means an American seed bank faces greater legal issues when sending products from one state to another than their international equivalent.
However, there are a few high-quality American seed banks, such as I Love Growing Marijuana.
Can Non-Residents Buy Seeds Online?
It is not a good idea! As marijuana is federally legal, non-residents can be deported from the United States if they have a job in a legal cannabis dispensary! Indeed, even the use of legal marijuana can result in deportation. Therefore, we would urge non-residents NOT to purchase cannabis seeds online or in a dispensary. Even if there is a relatively small chance of being caught, it isn’t worth the risk.
Is Ordering Cannabis Seeds Online Safe?
The answer is ‘yes,’ but only as long as you buy the seeds from a reputable seed bank. Apart from I Love Growing Marijuana, MSNL Seed Bank, Crop Seed Kings, and Sensi Seeds have all established a reputation for high-quality seeds. These companies provide seeds with a high germination rate and offer an excellent range of strains.