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House passes tougher penalties for observable marijuana use on school property after heated debate

Louisiana House of Representatives · April 22, 2026
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Summary

The Louisiana House approved HB 5 68 to criminalize observable smoking or vaping of marijuana on property used for school purposes — including college campuses — with penalties up to $1,000 and a year in jail; members debated geographic scope, enforcement and impacts on private property.

The Louisiana House on April 21 approved HB 5 68, a measure that raises penalties for observable smoking or vaping of marijuana on property used for school purposes and within associated drug‑free zones.

Proponent Representative Furman said the bill is aimed at stopping visible drug use “in front of children and families,” describing it as a behavior‑based offense that will allow law enforcement and prosecutors to act when use is plainly observable. Furman said the measure creates a clear penalty — up to $1,000 and up to one year in jail — for public smoking or vaping of marijuana in school zones.

The bill’s supporters said current penalties are too slight to deter repeated, visible use near schools and school events. Furman told colleagues that teachers had reported the smell and sight of marijuana in car‑pool lines and at school pickup as a recurring problem.

Opponents and questioners focused on the law’s geographic reach and enforcement mechanics. Representative Kyle Green asked whether the bill would turn private yards into de facto crime scenes when they fall within the statute’s buffer; Furman responded that the law targets observable behavior and that a conviction would depend on an officer’s observation, not an automatic presumption from proximity.

Representative Marcel and others raised practical concerns about identifying marijuana in vaporized forms without an on‑the‑spot chemical test and about potential stops that could resemble profiling. Representative Jordan pressed the sponsor on the difference between “school zones” and the statutory definition of “property used for school purposes,” noting the bill’s language tracks RS 49:81.3. Furman said he intended the bill to align with current state definitions and that it would apply at any time on property defined in statute, not only during school hours.

The debate extended to college campuses: the sponsor said the bill would cover colleges and universities as defined by statute, which prompted further questioning about enforcement at large stadiums and off‑site facilities used for school purposes.

After extended questioning and floor discussion, the House approved final passage. The vote tally recorded on the floor was 59 yeas and 34 nays, and the bill was reported adopted.

What’s next: the bill as passed on final reading will move to the Senate or to enrolment steps consistent with the House calendar and any procedural follow‑ups required by the legislature.

"It's never okay to commit crimes in front of kids and in front of families," Representative Furman said during closing remarks, urging colleagues to support the measure.