Louisiana does not limit the number of plants a producer can grow.
Louisiana Administrative Code, Title 7
AGRICULTURE AND ANIMALS
Part XLIX. Medical Marijuana
Chapter 3. Administrative Procedures and Authority
A. It is the declared policy of the department that production of medical marijuana in Louisiana be strictly regulated and controlled through administrative rules to protect the public welfare of the inhabitants of the state of Louisiana.
B. Marijuana is classified as a Schedule I controlled substance by the U.S. Department of Justice, Drug Enforcement Administration.
1. As provided by the federal Controlled Substances Act, the procurement, possession, prescribing, distribution, dispensing, or administering of any Schedule I controlled substance, including marijuana, is a violation of federal law.
2. Neither Louisiana law nor these rules can preempt federal law. Therefore, the provisions of this chapter notwithstanding, persons engaged in the activities described herein remain subject to the full force of federal law enforcement.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1046
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, LR 42:
Just for reference, here is the federal penalty for twelve marijuana plants:
$250,000/$1 million — up to 5 years in prison — 21 U.S.C. § 841(b)(1)(D) (2016)
21 U.S.C. § 841(b)(1)(A)(vii)
1000 kilograms (2204.62 pounds / 1.10231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight
$10/50 million — 10 years to life in prison
21 U.S.C. § 841(b)(1)(B)(vii)
100 kilograms (220.462 pounds / 0.110231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight
$5/25 million — 5 to 40 years in prison
21 U.S.C. § 841(b)(1)(C)
50 to 99 kilograms or 50 to 99 plants
$1/5 million — up to 20 years in prison
21 U.S.C. § 841(b)(1)(D)
less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil,
$250,000/$1 million — up to 5 years in prison
21 U.S.C. § 844
Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both,
except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500,L
except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.
21 U.S.C. § 844a
(a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.
(b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.
(c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.
(d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions.
(e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.
|Does Louisiana have scheduling criteria?||Yes|
|Are Louisiana and federal criteria the same?||Yes|
|Code citation of the schedules||(see below)|
|Louisiana Revised Statutes § 40:963 (2015)|
|Is marijuana listed in a schedule?||Yes|
|Is scheduling by statute or administrative rule?||Administrative|
|Is there an administrative process?||Yes|
|Code citation of the process||(see below)|
|Louisiana Revised Statutes § 40:962 (2015)|
|How many schedules are there?||5|
|What schedule is marijuana in?||Schedule 1|
|Last method used to schedule marijuana?||Legislative|
|When was marijuana included in this schedule?||July 26, 1972|