This section sets fines and jail terms for first, second, and third or later violations, with a special penalty schedule for certain marijuana paraphernalia possession cases.
§1025. Penalties A.(1) Except as provided in Subsection E of this Section, the first violation of or failure to comply with any provision of this Part shall subject the offender to a fine not in excess of three hundred dollars, or imprisonment of not more than fifteen days, or both. (2) A conviction for a violation of the provisions of this Part may not be used as a predicate conviction for enhancement purposes under Subsections B and C of this Section if the offender has not been convicted of any violation of the controlled dangerous substances law for a period of two years from the date of completion of sentence, probation, parole, or suspension of sentence for that conviction. The provisions of this Paragraph shall apply only once with respect to any person. B. On a second conviction, except as provided in Subsection E of this Section, the offender shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both. C. On a third or subsequent conviction, except as provided in Subsection E of this Section, the offender shall be fined not more than two thousand five hundred dollars, or imprisoned, with or without hard labor, for not more than two years, or both. D. If the second or subsequent conviction is by any person licensed under the occupational license tax law, as provided in R.S. 47:341 et seq., or by such person's manager, agent, servant, or employee, then such person shall forfeit the right to any permit issued thereunder and such permit may be suspended or revoked. E. The penalty 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 are as follows for quantities of paraphernalia not exceeding those required for individual personal use: (1) On a first conviction, a fine of one hundred dollars. (2) On a second conviction, a fine of five hundred dollars. (3) On a third or subsequent conviction, a fine of two thousand five hundred dollars. Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2016, No. 246, §1; Acts 2024, No. 682, §1.