Whether you’re walking down Bourbon Street or chilling in one of the parks along the Mississippi River, chances are you’re going to encounter cannabis in the Big Easy. After all, New Orleans is a global mecca for having a good time.
But despite the city’s feel-good status, Louisiana weed laws don’t follow that same chilled-out vibe. So before you go lighting up a joint or passing around edibles, be sure to take a moment to learn about the city’s weed laws. It’s a little complicated, so we tapped a handful of experts and wrote up a guide to help you out—here’s everything you need to know about legal weed in New Orleans and Louisiana before your next visit.
Is Weed Legal in Louisiana?
No, and most believe it won’t be anytime soon. Nearly half of Americans now live in a state where it’s legal, but Louisiana has yet to follow suit.
“Coming out of Louisiana’s statewide elections last year, we now have a very conservative governor and a state legislature that has become even more conservative than it was over the last term,” says Peter Robins-Brown, executive director of Louisiana Progress, a solutions-driven organization that partners with local advocacy organizations. “Given that dynamic, it seems like whatever pre-existing momentum may have existed toward legalizing weed has slowed, if not stopped altogether.”
As a city that relies on tourists having a good time, NOLA would benefit from weed legalization more than most other places, according to Robins-Brown.
“Local and state leaders certainly aren’t oblivious to that fact, and it’s one of the reasons they might be more open to legalization than lawmakers in other conservative states,” he says.
Richard Nelson, the current Secretary of the Louisiana Department of Revenue, is the rare example of a prominent Republican who has supported the legalization of recreational cannabis, believing it would attract more visitors, especially if Louisiana was the only state in the region to do so.
Polling consistently shows local residents are in favor of legalizing cannabis for recreational use. In a 2022 survey of Louisiana registered voters, the University of New Orleans Research Center found that 58% were in favor of legalizing recreational cannabis, with 30% opposed and 12% with no opinion.
Furthermore, a recent national study by Biowellnessx.com, an eCommerce company that sells hemp-derived products, revealed that Louisiana is the fourth most interested state in medical cannabis, reflecting shifting opinions and curiosity about cannabis’s therapeutic potential.
Add in the city’s challenges regarding its police force, schools, and roads—all of which would seemingly benefit from an increase in tax revenue due to legalized cannabis—and public sentiment in favor of legalization is likely to grow.
Despite the hesitance toward legalization, “the Big Easy has always been on the forefront of cannabis decriminalization,” argues Suzette Toledano, a New Orleans attorney specializing in cannabis name and likeness branding, having handled the intellectual property aspects of acquisition of rights for the Willie Nelson and The Grateful Dead cannabis brands.
In 2021 Governor John Bel Edwards signed a bill which decriminalized possession of small amounts of weed statewide, so possession of fewer than 14 grams of cannabis is punishable by a $100 fine and no threat of jail time for the first and every subsequent offense.
When Will Weed be Legal in New Orleans?
Like most observers, Robins-Brown doesn’t expect any changes to the state’s cannabis laws this year, but believes legalization is inevitable within the foreseeable future.
Organizations like the Louisiana Sheriffs’ Association and Louisiana District Attorneys’ Association stand in opposition to any legalization efforts, and the election of Governor Jeff Landry is likely to hinder legalization efforts.
Perhaps the quickest path to legalization will come via the federal level—if the Biden administration chooses to decriminalize cannabis, NOLA residents won’t have to wait for the Louisiana legislature.
So If I Can’t Buy It, How Can I Get Weed In New Orleans?
Securing medical cannabis is your one and only legal option in New Orleans. Fortunately, there has been progress regarding the state’s medical cannabis program.
Louisiana became the first Deep South state to legalize medical cannabis in limited forms back in 2016, but those forms were extremely limited and flower was not allowed.
Restrictions have been loosening in recent years, and as of August 1, 2022, the Louisiana Department of Health assumed regulatory authority over the state’s medical (therapeutic) cannabis program, making it easier for qualified patients to gain access to state-grown medical cannabis.
How Do I Get a Prescription for Medical Cannabis?
Similar to a handful of states, Louisiana doesn’t offer a medical cannabis card; instead, approved medical cannabis patients have their name added to the statewide medical cannabis patient registry.
To be added to the patient registry, you first have to find a physician who has been certified by the Louisiana State Board of Medical Examiners; you can look for doctors with a “therapeutic marijuana registration permit” on this database.
Once you’re evaluated by a certified physician—for which you’ll need to provide relevant medical records, a government-issued ID, and documentation that establishes your status as a Louisiana resident—it will be determined whether medical cannabis can be recommended. If so, you’ll have your name added to the statewide medical cannabis patient registry, and you’ll also receive a recommendation to take to the state-licensed medical cannabis pharmacy of your choice. There are currently 10 licensed pharmacies in Louisiana; H & W Drug Store on Tchoupitoulas Street is the only New Orleans location. According to Robins-Brown, a new law passed in 2023 will allow each of the 10 dispensaries to open two satellite locations, resulting in up to 30 total locations in the coming years.
Can I Use an Out-of-State Medical Cannabis Card in Louisiana?
No, Louisiana does not accept out-of-state medical cannabis cards.
If I’m a Qualified Patient, Can I Grow My Own Cannabis?
No, unlike in certain other states, medical cannabis patients in Louisiana are not permitted to cultivate their own plants.
Where Can I Legally Use Medical Cannabis?
Tread carefully, it’s safest to consume in the privacy of home. Public use and consumption of cannabis isn’t specifically mentioned in the state’s legislation regarding controlled substances. Still, the statute does indicate penalties for the possession, production, manufacturing, and distribution of cannabis.
While the state’s medical cannabis act doesn’t issue any guidelines regarding public cannabis consumption by patients, registered patients with approved forms of cannabis are protected from prosecution for the possession or distribution of cannabis, as long as it adheres to the state program.
What Kind of Medical Cannabis Products Can I Get?
Patients are able to obtain 2.5 ounces of flower every two weeks from their pharmacist.
Other acceptable product forms include oils, extracts, tinctures, sprays, capsules, pills, solutions, suspension, gelatin-based chewables, lotions, transdermal patches, and suppositories.
Will Insurance Pay for Medical Cannabis?
No. Expect to pay cash, straight out of your pocket.
What About All the Shops I’m Seeing With Signs Advertising THC Products?
Visitors over the past year may have noticed an uptick in businesses with signs saying they sell THC products, but upon closer inspection you’ll see that those items aren’t made with cannabis, but rather hemp-derived delta-9 (or the less potent delta-8) and other substitutes.
What Does the Future Hold for Legal Weed?
Industry watchers are keeping an eye on Louisiana politics in 2024, but as for the biggest race in the land? Not so much, claims Robins-Brown.
“I don’t think this year’s presidential election will have much of an impact on whether, or when, we legalize marijuana in Louisiana,” he says. “One important federal issue to watch, though, is what happens with marijuana scheduling. If it’s rescheduled or descheduled, I think that will open up the medical program a bit more, which has been shown in other states to eventually lead to legalization.”
Overall, Robins-Brown is confident in the future, citing how there are too many benefits to be gained by legalizing cannabis, with few downsides.
“Whether it’s a significant tax windfall, new businesses and jobs, money saved from reducing marijuana enforcement, or responding to fairly overwhelming public interest, lawmakers everywhere, even in seemingly unlikely places, are going to eventually understand that there’s little choice but to legalize,” he says.
As for any dreams of being able to legally enjoy cannabis as part of a big night out in New Orleans? That might be a long way off, as it’s unlikely the city will see any cannabis-friendly venues open anytime soon.
“Until adult-use cannabis is legalized in Louisiana, pure cannabis consumption lounges, where no alcohol is permitted, are a long way off in New Orleans,” notes Toledano. (Full Story)