SADOW: Ganja, Hemp Bills To Do Little to Kill LA’s Buzz

If you can’t stop Louisianans from getting high legally, maybe you can at least discourage them by taxing one form more. That’s what some legislators are hoping.

Ever since the state introduced medical marijuana nearly a decade ago—and followed it up a few years later by legalizing the sale of consumable hemp products—it’s been easier than ever to walk around in a haze without legal repercussions. What began as a tightly controlled program based loosely on scientific claims (despite marijuana offering almost no genuine medical benefits) has devolved into a free-for-all. Just about anyone can now get as much as they want, for whatever reason they want. The trend continued last year when a couple of new laws extended the program to 2030 and eased some administrative burdens, although at least lawmakers stopped short of full legalization.

However, full legalization, limited only in respect as being termed a “pilot program,” is back on the table this session via HB 627, courtesy of Democrat state Rep. Candice Newell, who brought the legalization effort last year. If that bill succeeds, Democrat state Rep. Edmond Jordan has HB 636 all cued up and ready to roll—this one imposing a tax, not on sellers, but on producers of marijuana’s component parts.

Hopefully, both bills go nowhere. But when it comes to another hallucinogenic product, the camel’s not just poking its nose into the tent. Once lawmakers legalized hemp production and sales, they quickly realized the law’s wording allowed products potent enough to give users quite the buzz. So last year, they passed legislation to tap the brakes, dialing down potency levels and restricting sales to fewer outlets—and none to buyers under 21.

Still, the loophole remains: even with limits on individual “servings” and their psychotropic strength, adults can legally buy as much as they want to achieve a high, albeit with more effort. And even though the state tax receipts from these items consist of only a few million bucks annually, the nascent industry’s lobbying arm has proven adept at keeping the enterprise legal (Louisiana’s level of regulation lands about in the middle nationwide—some states ban these products entirely, about half allow them with little restriction, and the rest fall somewhere in between.)

To push back, a couple of bills have been prefiled for the upcoming regular session that would jack up taxes on hemp-based sales as a disincentive for use. HB 235, from Republican state Rep. Mike Echols, proposes an additional 17 percent excise tax, with the revenue earmarked for education, criminal justice, drug education, and hemp testing. HB 187, from GOP state Rep. Bryan Fontenot, takes a more modest approach—bumping the existing three percent levy up by just 12 percent.

If legislators want to walk back hemp legalization while assuaging any guilt over letting adults stroll into nearly any store and buy enough product to catch a buzz—yet still mouth pieties about not hurting business while quietly chasing new revenue—they might gravitate toward Fontenot’s bill. They might also sign on to a pair of proposals from Republican state Rep. Laurie Schlegel, aimed at cracking down on illegal sales.

But neither genie looks likely to go back into the bottle—or even get properly leashed. Apparently, there just isn’t enough of the spirit of Daniel Schneider floating around the Capitol these days.

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