Louisiana’s New Marijuana School Zone Law: What David E. Stanley Told Louisiana Public Broadcasting

Criminal defense attorney David E. Stanley being interviewed about the new Louisiana marijuana school zone felony law on Louisiana Public Broadcasting

When Louisiana Public Broadcasting needed someone to explain the state’s new marijuana felony law, it turned to David E. Stanley. On the September 18, 2026 edition of Louisiana: The State We’re In, David walked viewers through the new law that turns marijuana use near any Louisiana school into potential felony exposure. David has defended people accused of serious crimes in Louisiana since 1983, including drug charges in state and federal court. You can watch the full interview on LPB here.

The short version: Since August 1, 2026, smoking, vaping, or otherwise using marijuana on school property, on a school bus, or within 2,000 feet of any school can be charged at a felony level. That is true for a first offense, true for medical marijuana cardholders, and true even if you had no idea a school was nearby.

Why Was David Stanley on Louisiana Public Broadcasting?

LPB’s statewide news program covered what the new school zone law means for students and communities, and producers asked David to explain the legal mechanics. His summary on air was direct: the law makes three changes, and each one raises the stakes for conduct that used to draw little more than a citation.

David’s segment leads the episode. Video courtesy of Louisiana Public Broadcasting.

What Did the New Law Actually Change?

Act 305 of the 2026 Regular Session, which began as House Bill 568, amended Louisiana’s drug free zone statute, La. R.S. 40:981.3. It took effect on August 1, 2026. As David explained in the interview, there are three changes that matter.

First, new prohibited conduct. Smoking, vaping, or otherwise using marijuana or any other controlled dangerous substance on school property, within 2,000 feet of a school, or on a school bus is now expressly prohibited conduct under the drug free zone law.

Second, a reworked penalty structure for marijuana. Possessing 14 grams or less of marijuana is normally a citation with a fine of up to 100 dollars anywhere else in Louisiana. Inside a drug free zone, that same conduct now carries up to one year of imprisonment, with or without hard labor, and a fine of up to 1,000 dollars. Possession of more than 14 grams in the zone brings higher fines and the real possibility of jail time.

Third, a closed loophole. The 2,000 foot buffer already existed for other illegal drugs. Small amounts of cannabis had largely fallen outside those rules. The new law closes that gap.

One phrase in the penalty provision matters more than any other: with or without hard labor. Louisiana defines a felony as any crime for which a person may be sentenced to imprisonment at hard labor. Because the school zone penalty allows hard labor, a conviction can be a felony conviction.

How Far Does the Drug Free Zone Reach?

The zone extends 2,000 feet from property used for school purposes, and it covers public and private schools from elementary campuses through colleges and universities, plus school buses. As David put it on the program, you may not realize you are in a drug free zone because you are far enough away that you cannot see the school, but you are still close enough to be subject to the law.

The zone does not switch off at night, in the summer, or on weekends. It does not matter whether school is in session or whether any children are present.

What Is the Difference Between 1,999 Feet and 2,001 Feet?

The interviewer asked David that exact question, and the answer captures how sharp the line is. More than 2,000 feet from a school, the drug zone statute does not apply, so a first offense involving a small amount of marijuana is a misdemeanor. At 1,999 feet, the same conduct can be charged as a felony.

Is Not Knowing a Defense? What About a Medical Marijuana Card?

No and no. The statute says that lack of knowledge that you were on or within 2,000 feet of school property is not a defense. As David told LPB, you cannot say you did not know. That does not work.

A medical marijuana recommendation does not create an exemption either. Consuming in a drug free zone can produce felony level exposure even for patients who obtained their product lawfully.

What Does This Mean for College Students in Baton Rouge?

This is where the law will be felt most. A large share of off campus housing near LSU and Southern sits within 2,000 feet of campus property. Conduct that used to mean a 100 dollar ticket can now mean a felony arrest, and a felony record follows a student into financial aid applications, professional licensing, and every job interview that asks the question. The state only has to prove knowing possession of the marijuana. It does not have to prove you knew where the boundary was.

Charged Under the New Law? Treat It Like the Felony It Can Become

Do not explain yourself to the police, do not assume a small amount means a small problem, and do not wait to see how the charge is filed. Where the arrest happened, what was found, and how it is charged all shape the outcome, and the earliest decisions matter most. David handles drug charge defense across Louisiana and has been trying criminal cases in this state for more than 40 years.

Speak Directly With David E. Stanley

David E. Stanley accepts a limited number of serious felony cases at a time, and the lawyer you hire is the lawyer who does your work. If you or your student is facing a drug charge in a school zone, call (225) 926-0200. The first conversation is confidential.

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