PART X-E. THERAPEUTIC USE OF MARIJUANA
§1046. Recommendation and dispensing of marijuana for therapeutic use; rules and
regulations of the Louisiana State Board of Medical Examiners and Louisiana Board
of Pharmacy; production facility licensing by the Department of Agriculture and
Forestry
A.(1) Notwithstanding any other provision of this Part, any physician licensed by and
in good standing with the Louisiana State Board of Medical Examiners to practice medicine
in this state may recommend, in any form as permitted by the rules and regulations of the
Louisiana Board of Pharmacy except for inhalation, and raw or crude marijuana,
tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinols for therapeutic use
by any patient clinically diagnosed as suffering from a debilitating medical condition.
Nothing in this Paragraph shall be construed to prevent the Louisiana Board of Pharmacy
from permitting, by rule, medical marijuana in a form to be administered by metered-dose
inhaler. For purposes of this Section, "metered-dose inhaler" means a device that delivers
a specific amount of medication to the lungs, in the form of a short burst of medicine that is
usually self-administered by the patient via inhalation.
(2)(a) For purposes of this Subsection, "debilitating medical condition" means any
of the following:
(i) Cancer.
(ii) Glaucoma.
(iii) Any of the following neurodegenerative diseases and conditions:
(aa) Alzheimer's disease.
(bb) Amyotrophic lateral sclerosis.
(cc) Huntington's disease.
(dd) Lewy body dementia.
(ee) Motor neuron disease.
(ff) Parkinson's disease.
(gg) Spinal muscular atrophy.
(iv) Positive status for human immunodeficiency virus.
(v) Acquired immune deficiency syndrome.
(vi) Cachexia or wasting syndrome.
(vii) Seizure disorders.
(viii) Epilepsy.
(ix) Spasticity.
(x) Severe muscle spasms.
(xi) Intractable pain.
(xii) Crohn's disease.
(xiii) Muscular dystrophy.
(xiv) Multiple sclerosis.
(xv) Post traumatic stress disorder.
(xvi) Any of the following conditions associated with autism spectrum disorder:
(aa) Repetitive or self-stimulatory behavior of such severity that the physical health
of the person with autism is jeopardized.
(bb) Avoidance of others or inability to communicate of such severity that the
physical health of the person with autism is jeopardized.
(cc) Self-injuring behavior.
(dd) Physically aggressive or destructive behavior.
(xvii) Traumatic brain injury.
(xviii) A concussion diagnosed by a physician.
(xix) Chronic pain associated with fibromyalgia.
(xx) Chronic pain associated with sickle cell disease.
(xxi) Any condition for which a patient is receiving hospice care or palliative care.
(xxii) Any condition not otherwise specified in this Subparagraph that a physician,
in his medical opinion, considers debilitating to an individual patient and is qualified through
his medical education and training to treat.
(b) No physician shall recommend medical marijuana for treatment of any condition
associated with autism spectrum disorder for a patient who is under the age of eighteen
unless the physician complies with the provisions of this Section and consults with a
pediatric subspecialist. For purposes of this Subparagraph a pediatric subspecialist is an
individual licensed to practice medicine in any state in the United States who provides care
to patients with autism spectrum disorder.
(c) Intractable pain means a pain state in which the cause of the pain cannot be
removed or otherwise treated with the consent of the patient and which, in the generally
accepted course of medical practice, no relief or cure of the cause of the pain is possible, or
none has been found after reasonable efforts. It is pain so chronic and severe as to otherwise
warrant an opiate prescription.
(d) Repealed by Acts 2019, No. 284, §2.
(e) Repealed by Acts 2019, No. 284, §2.
(3) For purposes of this Part, "recommend" or "recommended" means an opinion
of any physician licensed by and in good standing with the Louisiana State Board of Medical
Examiners, provided within a bona fide doctor-patient relationship, that, in the sincere
judgment of the physician, therapeutic cannabis may be helpful to the patient's condition or
symptoms and is communicated by any means allowed by the Louisiana Board of Pharmacy.
(4) Any physician licensed by and in good standing with the Louisiana State Board
of Medical Examiners to practice medicine in Louisiana may recommend medical marijuana
to any patient suffering from a debilitating medical condition with whom he shares a bona
fide doctor-patient relationship.
(5) Repealed by Acts 2019, No. 284, §2.
(6) Physicians shall report adverse events and health outcomes associated with a
patient's use of medical marijuana to the data system provided for in R.S. 40:1168.1 et seq.
B. Repealed by Acts 2020, No. 286, §2.
C.(1) The Louisiana Board of Pharmacy shall adopt rules relating to the dispensing
of recommended marijuana for therapeutic use. Any rules published by the Louisiana Board
of Pharmacy on or before January 1, 2016, that describe the pharmacist as dispensing
medical marijuana based on a physician's prescription should be repromulgated to indicate
that the physician is "recommending" use of therapeutic marijuana.
(2) The rules shall include but not be limited to:
(a) Standards, procedures, and protocols for the effective use of recommended
marijuana for therapeutic use as authorized by state law and related rules and regulations.
(b) Standards, procedures, and protocols for the dispensing and tracking of
recommended therapeutic marijuana in Louisiana.
(c) Procedures and protocols to provide that no recommended therapeutic marijuana
may be dispensed from, produced from, obtained from, sold to, or transferred to a location
outside of this state.
(d) The establishment of standards, procedures, and protocols for determining the
amount of usable recommended therapeutic marijuana that is necessary to constitute an
adequate supply to ensure uninterrupted availability for a period of one month, including
amounts for topical treatments.
(e) The establishment of standards, procedures, and protocols to ensure that all
recommended therapeutic marijuana dispensed is consistently pharmaceutical grade.
(f) The establishment of standards and procedures for the revocation, suspension, and
nonrenewal of licenses.
(g) The establishment of other licensing, renewal, and operational standards which
are deemed necessary by the Louisiana Board of Pharmacy.
(h) The establishment of standards and procedures for testing recommended
therapeutic marijuana samples for levels of tetrahydrocannabinol (THC) or other testing
parameters deemed appropriate by the Louisiana Board of Pharmacy.
(i) The establishment of health, safety, and security requirements for dispensers of
recommended therapeutic marijuana.
(j) Licensure of dispensers of recommended therapeutic marijuana.
(k) The establishment of financial requirements for applicants of therapeutic
marijuana dispensing pharmacy license under which each applicant demonstrates the
following:
(i) The financial capacity to operate a therapeutic marijuana dispensing pharmacy.
(ii) The ability to maintain an escrow account in a financial institution headquartered
in Louisiana in an amount of two million dollars, if required by the Louisiana Board of
Pharmacy.
D. Nothing in this Section shall be construed to prohibit the Louisiana State Board
of Medical Examiners or the Louisiana Board of Pharmacy from adopting emergency rules
as otherwise provided for in the Administrative Procedure Act.
E. Marijuana, tetrahydrocannabinols, or a chemical derivative of
tetrahydrocannabinols recommended pursuant to this Section shall be dispensed in person
from a licensed pharmacy in good standing located in Louisiana.
F.(1) A person who recommends and a person who dispenses marijuana,
tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols pursuant to this
Section shall review the patient's information in the database of the prescription monitoring
program established in R.S. 40:1001 et seq. prior to the recommending and dispensing
thereof.
(2) Any person who dispenses marijuana, tetrahydrocannabinols, or a chemical
derivative of tetrahydrocannabinols pursuant to this Section shall comply with the reporting
requirements of the prescription monitoring program established in R.S. 40:1001 et seq.
G. The Louisiana Board of Pharmacy shall develop an annual, nontransferable
specialty license for a pharmacy to dispense recommended marijuana for therapeutic use and
shall limit the number of such licenses granted in the state to no more than ten licensees. The
Louisiana Board of Pharmacy shall develop rules and regulations regarding the geographical
locations of dispensing pharmacies in Louisiana.
H.(1)(a) The Department of Agriculture and Forestry shall develop the rules and
regulations regarding the extraction, processing, and production of recommended therapeutic
marijuana and the facility producing therapeutic marijuana. The rules and regulations shall
require as a minimum standard that the extraction and refining process produce a product that
is food-safe and capable of producing pharmaceutical-grade products.
(b) The rules and regulations shall also include but not be limited to the procedures
for application, qualifications, eligibility, background checks, and standards for suitability
for a license and penalties for violations of the rules and regulations.
(2)(a) The Department of Agriculture and Forestry shall develop an annual,
nontransferable specialty license for the production of recommended marijuana for
therapeutic use. Other than the licenses granted pursuant to Subparagraph (b) of this
Paragraph, the Department of Agriculture and Forestry shall limit the number of such
licenses granted in the state to no more than one licensee. The Louisiana State University
Agricultural Center and the Southern University Agricultural Center shall have the right of
first refusal to be licensed as the production facility, either separately or jointly. If neither
of the centers exercise this option, the license shall be awarded pursuant to the requirements
provided for in Paragraphs (3) through (5) of this Subsection.
(b) Prior to September 1, 2016, the Louisiana State University Agricultural Center
and the Southern University Agricultural Center shall each provide written notice to the
commissioner of agriculture and forestry of their intent to be licensed as a production facility,
either separately or jointly.
(c) The Louisiana State University Agricultural Center or the Southern University
Agricultural Center may conduct research on marijuana for therapeutic use if the center is
licensed as a production facility pursuant to this Section. Effective January 1, 2020, and
annually thereafter, the Louisiana State University Agricultural Center and the Southern
University Agricultural Center shall submit a report to the Senate and House committees on
health and welfare, to include data and outcomes of the research conducted pursuant to this
Paragraph.
(3) The license shall be limited to one geographic location as provided for in rule by
the Department of Agriculture and Forestry. The geographic location shall be a public record
subject to disclosure under the Public Records Law, R.S. 44:1 et seq. The licensee shall
permit inspection of the production facility by any elected member of the Louisiana
Legislature upon request after receipt of reasonable notice.
(4)(a) The Department of Agriculture and Forestry shall grant the license pursuant
to a contract awarded through a competitive sealed bid or a competitive sealed proposal as
provided for in R.S. 39:1594 and 1595. The contract for the license shall be subject to the
Louisiana Procurement Code and shall not be subject to any exceptions to or other variances
from the Louisiana Procurement Code. The contract shall not be awarded under the sole
source procurement provisions provided for in R.S. 39:1597.
(b) Any contract for the license awarded pursuant to this Subsection shall not exceed
five years.
(c) Any contract, memorandum of understanding, or cooperative endeavor agreement
entered into pursuant to this Section shall be a public record subject to disclosure under the
Public Records Law, R.S. 44:1 et seq.
(d) Any contract, memorandum of understanding, or cooperative endeavor agreement
entered into for services for the cultivation or processing in any way of marijuana pursuant
to this Section shall be a public record subject to disclosure under the Public Records Law,
R.S. 44:1 et seq.
(e) No person licensed pursuant to this Subsection shall subcontract for services for
the cultivation or processing in any way of marijuana if the subcontractor, or any of the
service providers in the chain of subcontractors, is owned wholly or in part by any state
employee or member of a state employee's immediate family, including but not limited to any
legislator, statewide public official, university or community or technical college employee,
Louisiana State University Agricultural Center employee, or Southern University
Agricultural Center employee. For the purposes of this Paragraph, "immediate family" has
the same meaning as provided in R.S. 42:1102.
(f) Any bid for the license awarded pursuant to this Subsection shall include proof
of the financial capability of the bidder to operate a therapeutic marijuana production facility
including but not limited to a net worth of not less than one million dollars.
(5) No person licensed pursuant to this Subsection shall give or receive anything of
value in connection with any contract, memorandum of understanding, or cooperative
endeavor agreement executed pursuant to this Subsection except the value that is expressed
in the contract, memorandum of understanding, or cooperative endeavor agreement.
(6)(a) The Department of Agriculture and Forestry shall collect the following
information from each licensee:
(i) The amount of gross marijuana produced by the licensee during each calendar
year.
(ii) The details of all production costs including but not limited to seed, fertilizer,
labor, advisory services, construction, and irrigation.
(iii) The details of any items or services for which the licensee subcontracted and the
costs of each subcontractor directly or indirectly working for the contractor.
(iv) The amount of therapeutic chemicals produced resulting from the marijuana
grown pursuant to this Section.
(v) The amounts paid each year to the licensee related to the licensee's production
of therapeutic marijuana pursuant to this Section.
(vi) The amount of therapeutic marijuana distributed to each pharmacy licensed to
dispense therapeutic marijuana in this state during each calendar year.
(b) The Department of Agriculture and Forestry shall provide the information
collected pursuant to this Paragraph for the previous calendar year in the form of a written
report to the Louisiana Legislature no later than February first of each year. The department
shall also make a copy of the report required by this Subparagraph available to the public on
the Internet.
(7) No company that has made a contribution to a candidate in a Louisiana election
governed by the provisions of the Campaign Finance Disclosure Act within the five years
prior to bidding for the license, or is controlled wholly or in part by a person who made such
a contribution within the five years prior to the company bidding for the license, may be
eligible for the license.
(8)(a) The department shall perform the following:
(i) Establish and collect an annual license fee of one hundred thousand dollars and
an annual permit fee of one hundred dollars for administrative and inspection costs.
(ii) Collect a nonrefundable application fee of ten thousand dollars.
(iii) Assess a fee of seven percent of the gross sales of therapeutic marijuana that
shall be collected by the Department of Revenue and shall be subject to the provisions of
Chapter 18 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 as amended.
Notwithstanding the provisions of Subparagraph (b) of this Paragraph, the Department of
Revenue shall transfer monthly to the state treasury for deposit into the Community and
Family Support System Fund, as established in R.S. 28:826, the amount of revenues
collected in accordance with this Item. An amount shall be allocated to the department,
pursuant to legislative appropriation, for regulatory, administrative, investigative,
enforcement, legal, and other such expenses as may be necessary to carry out the provisions
of this Chapter and for activities associated with the enforcement of law and regulations
governing the therapeutic marijuana program.
(b) All fees collected by the department shall be used to fund the expenses relating
to the regulation and control of prescribed marijuana for therapeutic use.
I. The levels of THC in any marijuana produced pursuant to this Section shall be
reduced to the lowest acceptable therapeutic levels available through scientifically accepted
methods.
J. Notwithstanding any other provision of law to the contrary, employers and their
worker's compensation insurers shall not be obliged or ordered to pay for medical marijuana
in claims arising under Title 23 of the Louisiana Revised Statutes of 1950, the Louisiana
Workers' Compensation Law.
K. The provisions of this Section shall terminate on January 1, 2025.
Acts 1991, No. 874, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2015, No.
261, §1, eff. June 29, 2015; Acts 2016, No. 96, §§1, 2, eff. May 19, 2016; Acts 2016, No.
567, §1; Acts 2018, No. 206, §4; Acts 2018, No. 496, §§1, 2, eff. May 23, 2018; Acts 2018,
No. 708, §§1, 2; Acts 2018, No. 715, §§1, 2; Acts 2019, No. 207, §§1, 3; Acts 2019, No.
284, §§1, 2; Acts 2019, No. 331, §§2, 3, eff. July 1, 2019; Acts 2020, No. 286, §§1, 2.