Cannabis & Marijuana Rental Rules in Louisiana 2026
Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in Louisiana.
Louisiana gives landlords a strong hand. Recreational cannabis remains illegal under state law, medical cannabis is dispensed only through licensed pharmacies with no home cultivation, and the state has passed no statute that protects a cannabis-using tenant from a landlord's lease terms. Your authority to prohibit smoking and growing rests on ordinary lease and property law, not on any carve-out you have to work around. The one place the rules get stricter, not looser, is federally assisted housing, where cannabis is still a Schedule I controlled substance and HUD bars admission of marijuana users regardless of what the state allows.
Louisiana Cannabis Legal Status
Louisiana is classified as Medical Cannabis Only (effective 2015). The governing statute is La. R.S. § 40:1046 (medical 2015; smokable HB 391, 2021).
Landlord Authority in Louisiana
Smokable flower legal since 2022 for medical patients. No home cultivation. Recreational possession decriminalized for ≤14g (HB 652, 2021) but still unlawful.
Cannabis status in Louisiana: medical-only, no home grow
Louisiana runs a medical-only cannabis program under La. R.S. 40:1046. Since 2021, a physician may recommend medical cannabis for any debilitating condition they believe it will help, and product is dispensed only through a small set of state-licensed pharmacies. Recreational use is not legal.
Two facts matter most to you as a landlord. First, there is no legal home cultivation in Louisiana; the only sanctioned growers are the LSU AgCenter and Southern University AgCenter programs. A tenant growing plants in your unit is breaking state law, medical card or not. Second, possession of small amounts is decriminalized but not legal: under La. R.S. 40:966, possessing 14 grams or less carries a fine of up to $100 on a first or subsequent conviction, while more than 14 grams on a first offense can bring a fine up to $500 and up to six months in jail. "Decriminalized" means a citation, not a green light.
Your authority to ban smoking and cultivation
Louisiana has no cannabis-user protection law for private rental housing. Nothing in state law forces you to allow cannabis smoking, vaping, or growing on your property, and the medical program does not create a tenant right to use in a rental. Your control comes from the lease, governed by the ordinary lease provisions of the Louisiana Civil Code (arts. 2668-2729).
Practical points that decide cases:
- Name cannabis explicitly. A generic "no smoking" clause does not automatically reach cannabis. Spell out that the prohibition covers cannabis smoke and vapor alongside tobacco, so there is no ambiguity to argue over.
- Ban cultivation outright. Because home growing is illegal statewide, a cultivation ban is easy to enforce and protects you from the moisture, mold, electrical, and odor damage that grows cause.
- Distinguish smoke from possession. You can prohibit smoking and vapor without policing whether a medical patient possesses pharmacy-dispensed product. Odor and secondhand smoke are legitimate, enforceable grounds; a valid card is not a shield against a no-smoking lease term.
Lease clauses that hold up in Louisiana
Put the rules in writing before move-in. Louisiana leases can be oral, but an oral no-smoking policy is nearly impossible to enforce. A clean cannabis clause should:
- State that all smoking and vaping - tobacco and cannabis - is prohibited inside the unit and, if you choose, on the grounds.
- Separately prohibit cultivation, manufacturing, and processing of cannabis anywhere on the premises, tracking the state's no-home-grow rule.
- Reserve the right to treat violations as a lease default and to recover smoke-remediation and damage costs from the security deposit.
- For federally assisted units, incorporate the required controlled-substance and drug-free housing language (see below).
Consistency matters as much as wording. Enforce the clause the same way against every tenant; selective enforcement invites discrimination claims even where the underlying ban is valid.
Section 8 and federally assisted housing: the federal line
This is where state permissiveness stops mattering. Under the federal Controlled Substances Act (21 U.S.C. 801 et seq.), cannabis is a Schedule I drug, so a Louisiana medical card gives a tenant no protection in federally assisted housing.
HUD's position, set out in its guidance on the use of marijuana in assisted properties and reinforced by the Quality Housing and Work Responsibility Act of 1998, is that public housing authorities and owners must deny admission to marijuana users, including medical users. For households already housed, the PHA or owner has case-by-case discretion on whether to terminate tenancy for medical cannabis use rather than a mandatory eviction. Across all federally assisted housing, illegal drug use remains a valid ground for eviction. A federal parity bill to align assisted housing with state cannabis law has been introduced but is not enacted, so the prohibition still controls.
If you operate Section 8, project-based, or public housing, treat cannabis as any other illegal drug in your screening and enforcement, and keep that language in the lease regardless of the state medical program.
Bottom line for Louisiana landlords
Louisiana is one of the easier states to write a cannabis policy for: recreational use is illegal, there is no legal home cultivation, and no state law limits your right to ban smoking or growing by lease. Name cannabis expressly in your no-smoking and no-cultivation clauses, enforce them uniformly, and you are on solid ground. In federally assisted housing, go further and follow HUD's controlled-substance rules, which override the state medical program entirely.
Medical Patient Housing Rules in Louisiana
Medical cannabis patients in Louisiana may be treated identically to recreational users by landlords. There is no state-law anti-discrimination requirement; the federal Schedule I framework controls. Some local jurisdictions may have ordinances providing limited protection, check the city or county where the rental unit is located.
Section 8 / HCV in Louisiana, The Federal Trap
The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in Louisiana, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.
Cannabis Rental Compliance in Major Louisiana Cities
City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest Louisiana rental markets:
Sources & Methodology
- Federal: 21 U.S.C. § 812 (Controlled Substances Act, Schedule I); HUD Public Housing Occupancy Notice PIH 2014-21 (re-issued PIH 2017-13); Sessions Memorandum (Jan 4, 2018).
- Louisiana cannabis statute: La. R.S. § 40:1046 (medical 2015; smokable HB 391, 2021).
- Landlord ban authority: Smokable flower legal since 2022 for medical patients. No home cultivation. Recreational possession decriminalized for ≤14g (HB 652, 2021) but still unlawful.
- Medical patient housing protection: Coded "No" for Louisiana based on the cited statute.
Related Guides for Louisiana Landlords
This page summarizes Louisiana statutes governing cannabis and rental housing as of June 2026, including the Therapeutic Marijuana Program (La. R.S. 40:1046), possession penalties (La. R.S. 40:966), the lease provisions of the Louisiana Civil Code, and federal HUD guidance under the Controlled Substances Act and the Quality Housing and Work Responsibility Act of 1998. Cannabis law changes frequently at both the state and federal level, and enforcement in federally assisted housing turns on program-specific rules. This is general information for landlords, not legal advice; confirm current requirements with a Louisiana attorney or your PHA before acting on a specific tenancy.
Frequently Asked Questions
Is recreational marijuana legal in Louisiana?
No. Recreational cannabis is illegal in Louisiana. Small-amount possession is decriminalized: under La. R.S. 40:966, 14 grams or less carries a fine of up to $100. That is a citation, not legalization, and it gives tenants no right to use cannabis in a rental.
Can a Louisiana landlord ban all cannabis smoking in the lease?
Yes. Louisiana has no cannabis-user protection law for rental housing, so you can prohibit cannabis smoking and vaping by lease. Name cannabis explicitly - a generic no-smoking clause may not automatically cover it. The lease is governed by the ordinary lease provisions of the Louisiana Civil Code (arts. 2668-2729).
Can tenants grow marijuana in a Louisiana rental?
No. Home cultivation is illegal for everyone in Louisiana, including medical patients; the only sanctioned growers are the LSU AgCenter and Southern University AgCenter programs. You can and should ban cultivation in the lease, and a tenant growing plants is violating state law regardless of any medical card.
Does a medical marijuana card override my no-smoking lease clause?
No. Louisiana's medical program under La. R.S. 40:1046 lets a patient obtain pharmacy-dispensed product, but it does not create a right to use cannabis in a rental. A valid card does not defeat a no-smoking clause. You can prohibit smoke and vapor without policing lawful possession.
Can I rent to cannabis users if my property is Section 8 or public housing?
No. Cannabis is a Schedule I drug under the federal Controlled Substances Act, and HUD requires admission of marijuana users - including medical users - to be denied in federally assisted housing. For existing tenants, the PHA or owner has case-by-case discretion, but illegal drug use remains grounds for eviction. State medical law does not change this.
What are the penalties for marijuana possession in Louisiana?
Under La. R.S. 40:966, possessing 14 grams or less brings a fine of up to $100 on a first or subsequent conviction. More than 14 grams on a first offense can carry a fine up to $500, up to six months in jail, or both. These remain criminal matters despite the small-amount decriminalization.
Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: La. R.S. § 40:1046 (medical 2015; smokable HB 391, 2021). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed Louisiana attorney before making a lease, screening, or eviction decision involving cannabis.