The New Orleans City Council’s Criminal Justice Committee unanimously voted to remove all penalties for simple cannabis possession within the city limits on Tuesday, June 29. They also approved an ordinance to pardon anyone convicted or accused of cannabis possession after 2010. These are huge advancements for the city as lawmakers failed to vote on the recreational cannabis legalization bill back at the beginning of June. The full city council still needs to vote on the measure before it goes into effect.
Possession
Currently, in New Orleans, anyone found with cannabis will receive a $40 fine for their first offense and a $100 fine for any subsequent offense. Additionally, another bill called HB 652 recently became signed into law by Governor John Bel Edwards (D). This bill decriminalizes possession of cannabis across the state. Anyone found with 14 grams or less of cannabis would receive a $100 fine with no threat of jail time.
The goal of this ordinance is to remove all penalties, including any fines. However, state laws superseded the city’s. So there would still be a $100 fine for those found in possession of cannabis. Despite this, the Orleans Parish District Attorney Jason Williams said his office won’t be prosecuting the cases. The cases will drop with no charges filed or fines due.
Police Action
The other reason these ordinances came about is to help police. Council President Helena Moreno, who sponsored the series of ordinances, wanted to better use police resources.
“I talked about our police manpower situation,” President Moreno said. “We are seeing an uptick in violent crime. Our residents are scared. And so I really do believe that it is incredible important that we redirect some of our NOPD manpower hours to violent and serious crime, instead of spending your time writing tickets for simple possession of marijuana. Which are then followed up by police reports. Which are then followed up by NOPD officers having to log the evidence. And then, after that, are followed up by a supervisor review.”
Under this ordinance, anyone charged with possession after 2010 would receive an automatic pardoned. This includes any tickets issued even today. It’s what President Moreno calls prospective pardons. “I initially looked at just striking from the municipal code the section on simple possession altogether,” the president said. “But then I was informed that because there is no legalization, NOPD would have to revert to the state charge, which is more punitive — so that wasn’t going to work”. There is a bit of a confusing classification surrounding this ordinance. But President Moreno says that in August, when the full council will discuss and vote on her proposed ordinances, clarification will happen.
Future
It seems that despite the state not legalizing recreational cannabis, changes continue to come to Louisiana. As more information comes from the City Council, we will update you with the latest.
Make sure to check back for more cannabis and hemp related news.