State v. Henry
State v. Henry
Dissenting Opinion
dissents and assigns reasons.
hi respectfully dissent, finding the court of appeal correctly quashed the bill of information.
Defendant was arrested on June 25, 2015, for allegedly possessing a mere 1.5 grams of synthetic marijuana. Defendant was charged with possession of marijuana — third offense under prior law, La. R.S. 40:966(E)(3). On June 29, 2015, only four days after the alleged offense, Act 295, containing legislative amendments to parts of the Uniform Controlled Dangerous Substances Law, became effective. These changes, among other things, dramatically reduced penalties for marijuana possession, Defendant should be sentenced under the amended law.
I find the reasoning applied by this court in State v. Mayeux, 01-3195 (La. 6/21/02), 820 So.2d 526, is equally applicable in this case. In Mayeux, defendant was arrested and charged with a violation of La. R.S. 14:98(E), DWI fourth offense. Subsequent to defendant’s arrest, the legislature passed Act 1163, which amended the statute’s sentencing provisions, radically changing the way in which the offender serves the sentence imposed by the court. This court held that the trial court erred in sentencing the defendant under the penalty provisions of La. R.S. 14:98(G) as it existed at the time of the defendant’s DWI offense, rather than at the |atime of his conviction. In so doing, this court reasoned that although Louisiana courts have generally held that the law in effect at the date of the offense should control, the statutory language and legislative purpose behind the statutory amendment of La. R.S.14:98(G) dictated that the amendment be applied to those defendants having committed an offense prior to the effective date of the amendment. This court explained “the statute plainly states that ‘upon conviction,’ and not ‘upon committing the offense,’ the defendant shall be sentenced to a specific term. Thus, the specific language in LSA-R.S. 14:98 provides the time at which the penalty provisions are applicable.” 820 So.2d at 529. Additionally, this court recognized the amendment was passed “in an effort to address the societal costs of drunken driving and a high per capita prison population.” Id. at 527.
Similarly, the language in the amendment to La. R.S. 40:966 provides that the penalty provisions shall apply “on conviction.” Further, in my view, the changes in Act 295 represent a significant shift in policy relative to marijuana possession in this state and demonstrates that the legislature has chosen to impose more lenient sentencing provisions. Thus, the result in
| .^Considering rapidly changing social mores and increasing legalization of recreational and medical use of marijuana, this defendant is entitled to the ameliorative effects of the reduced sentencing provisions contained in Act 295. Thus, I would deny the state’s writ application.
Opinion of the Court
|, Writ granted. The ruling of the court of appeal is reversed, and the district court’s ruling denying defendant’s motion to quash the bill of information is reinstated. Defendant was charged with his third-offense possession of marijuana after he was arrested and found to be in possession of synthetic marijuana on June 25, 2015. That date is before the effective date of the 2015 La. Act 295, which substantially reduced the penalties for possession of small quantities of marijuana. Defendant moved to quash the bill of information on the grounds that the state charged him
Case-law data current through December 31, 2025. Source: CourtListener bulk data.