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Regular Session, 2014
SENATE BILL NO. 541
BY SENATOR MILLS AND REPRESENTATIVE HONORE
HEALTH CARE Provides for the use of marijuana for medicinal purposes. (8/1/14)
AN ACT1
To amend and reenact Part X-E of Chapter 4 of Title 40 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 40:1046.1 through 1046.15 and to enact R.S.3
36:259(OO), relative to the therapeutic use of marijuana; to enact the Louisiana4
Therapeutic Use of Marijuana Act; to provide for the authority to prescribe5
therapeutic marijuana; to provide for the dispensing of therapeutic marijuana; to6
provide for definitions; to create the Therapeutic Marijuana Utilization Review7
Board; to place the Therapeutic Marijuana Utilization Review Board within the8
Department of Health and Hospitals; to provide for the powers and duties of the9
board; to provide for the composition of the board; to provide for rulemaking; to10
create the Louisiana Therapeutic Use of Marijuana Fund; to provide for suitability11
to obtain a license to prescribe, dispense, or produce therapeutic marijuana; to12
provide standards and criteria for a therapeutic marijuana treatment facility; to13
provide for limitations on the number of therapeutic marijuana treatment facilities14
and production facilities; to provide standards and criteria for therapeutic marijuana15
producers and production facilities; to provide for exemptions from certain criminal16
provisions; to provide for applicability; to provide for the qualifications and licensing17 SB NO. 541
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of physicians to prescribe therapeutic marijuana; to provide for the qualifications and1
licensing of therapeutic marijuana production facilities, therapeutic marijuana2
producers, and therapeutic marijuana dispensers; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 36:259(OO) is hereby enacted to read as follows:5
§259. Transfer of agencies and functions to Department of Health and Hospitals6
* * *7
OO. The Therapeutic Marijuana Utilization Review Board (R.S.8
40:1046.5) is placed within the Department of Health and Hospitals and shall9
exercise and perform its powers, duties, functions, and responsibilities as10
provided by or pursuant to law.11
Section 2. Part X-E of Chapter 4 of Title 40 of the Louisiana Revised Statutes of12
1950, comprised of R.S. 40:1046.1 through 1046.15, is hereby amended and reenacted to13
read as follows:14
PART X-E. THERAPEUTIC USE OF MARIJUANA15
§1046. Prescription of marijuana for therapeutic use; rules and regulations;16
secretary of health and hospitals17
A. Notwithstanding any other provision of this Part, a physician licensed to18
practice medicine in this state and who is also registered to prescribe Schedule I19
substances with the Drug Enforcement Administration may prescribe marijuana,20
tetrahydrocannabinols, or a chemical derivative of tetrahydro cannabinols for21
therapeutic use by patients clinically diagnosed as suffering from glaucoma,22
symptoms resulting from the administration of chemotherapy cancer treatment, and23
spastic quadriplegia in accordance with rules and regulations promulgated by the24
secretary of health and hospitals and in accordance with FDA and DEA25
administrative guidelines for procurement of the controlled substance from the26
National Institute on Drug Abuse.27
B. The secretary of health and hospitals, by January 1, 1992, shall28
promulgate rules and regulations, authorizing physicians licensed to practice in this29 SB NO. 541
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state to prescribe marijuana for therapeutic use by patients as described in Subsection1
A of this Section.2
§1046.1. Short title3
This Part may be referred to and cited as the "Louisiana Therapeutic4
Use of Marijuana Act".5
§1046.2. Legislative findings6
A. The Louisiana Uniform Controlled Dangerous Substances Law was7
enacted by Act No. 634 of the 1972 Regular Session of the Legislature.8
B. Since 1978, the Louisiana Legislature enacted three Acts authorizing9
the use of marijuana for medical purposes: Act No. 725 of the 1978 Regular10
Session, Act No. 800 of the 1981 Regular Session, and Act No. 874 of the 199111
Regular Session.12
C. The therapeutic use of marijuana has been authorized by Louisiana13
law since 1991, but Act 874 of that year failed to provide a mechanism to14
facilitate the dispensing or the purchasing of marijuana even though it could be15
prescribed under limited circumstances.16
D. In an effort to provide for the maximum health opportunities for17
Louisiana citizens with certain qualifying illnesses and who are without18
therapeutic options, while at the same time ensuring the safety and welfare of19
Louisiana citizens, the Louisiana Legislature enacts the provisions of this Part.20
§1046.3. Definitions21
As used in this Part, the following terms shall have the following22
meanings:23
(1) "Board" means the Therapeutic Marijuana Utilization Review24
Board.25
(2) "Bona fide physician-patient relationship" means a relationship in26
which the physician has ongoing responsibility for the assessment, care, and27
treatment of a patient's qualifying medical condition.28
(3) "Physician" means a person licensed to practice medicine in the state29 SB NO. 541
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of Louisiana who is a certified neurologist, oncologist, or ophthalmologist with1
whom the patient has a bona fide physician-patient relationship and who is the2
physician responsible for the ongoing treatment of a patient's debilitating3
medical condition; provided, however, that such ongoing treatment shall not be4
limited to the provision of authorization for a patient to use therapeutic5
marijuana or consultation solely for that purpose.6
(4) "Qualifying medical condition" means one of the following7
conditions, if resistant to conventional medical therapy: a seizure disorder,8
including epilepsy, multiple sclerosis, glaucoma, severe nausea or vomiting9
resulting from the administration of chemotherapy, or terminal cancer.10
(5) "Qualifying patient" means a resident of this state who is at least11
twenty-one years of age and who suffers from a qualifying medical condition12
and has been provided with a prescription for therapeutic marijuana by a13
physician who has a bona fide physician-patient relationship with that patient.14
(6) "Therapeutic marijuana" means all parts of plants of the genus15
Cannabis, whether growing or not; the seeds thereof; the resin extracted from16
any part of such plant; and every compound, manufacture, salt, derivative,17
mixture, or preparation of such plant, its seeds or resin, but shall not include18
the mature stalks of such plant, fiber produced from such stalks, oil, or cake19
made from the seeds of such plant, any other compound, manufacture, salt,20
derivative, mixture, or preparation of such mature stalks (except the resin21
extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant22
which is incapable of germination.23
(7) "Therapeutic marijuana treatment center" means a Louisiana24
licensed pharmacy which has been issued a license pursuant to the provisions25
of this Part to perform activities necessary to provide qualifying patients with26
usable therapeutic marijuana and related paraphernalia in accordance with the27
provisions of this Part. This term shall include the pharmacy's owner and28
employees.29 SB NO. 541
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(8) "Therapeutic use of marijuana" means the acquisition, possession,1
transport, or use of therapeutic marijuana or paraphernalia by a qualifying2
patient as authorized by this Part.3
§1046.4. Prescription for therapeutic marijuana; limitations4
A. Notwithstanding the provisions of R.S. 40:964 et seq., or any other5
provisions of law to the contrary, a physician as defined in this Part may6
prescribe therapeutic marijuana, tetrahydrocannabinols, or a chemical7
derivative of tetrahydrocannabinols for therapeutic use as authorized by the8
provisions of this Part if all of the following occur:9
(1) The physician is a certified neurologist, oncologist, or10
ophthalmologist licensed to practice medicine in Louisiana.11
(2) The physician is registered to prescribe controlled dangerous12
substances with the United States Drug Enforcement Administration.13
(3) The physician has obtained a license to prescribe therapeutic14
marijuana as provided for by this Part.15
(4) The physician has a bona fide physician-patient relationship with a16
patient who suffers from a qualifying medical condition and the physician17
determines that therapeutic marijuana is the best treatment option for that18
patient.19
B. The prescriptive authority granted by the provisions of this Part shall20
only extend to certified neurologists, oncologists, and ophthalmologists as21
provided for by the provisions of this Part.22
C. Therapeutic marijuana shall only be prescribed by physicians to23
qualifying patients for the treatment of a qualifying medical condition as24
provided for by the provisions of this Part.25
§1046.5. Therapeutic Marijuana Utilization Review Board; creation;26
membership27
A. The Therapeutic Marijuana Utilization Review Board is hereby28
created within the Department of Health and Hospitals.29 SB NO. 541
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B. The board shall consist of the following members:1
(1) The state health officer who shall serve as chairman.2
(2) The commissioner of the Department of Agriculture and Forestry3
who shall serve as vice chairman.4
(3) The secretary of the Department of Health and Hospitals or his5
designee.6
(4) The executive director of the Louisiana Board of Pharmacy.7
(5) The executive director of the Louisiana State Board of Medical8
Examiners.9
(6) The chairman of the Senate Committee on Health and Welfare or his10
designee.11
(7) The chairman of the House Committee on Health and Welfare or his12
designee.13
(8) The president of the Louisiana State Medical Society or his designee.14
(9) The director of the Louisiana State Police Crime Laboratory or his15
designee.16
(10) Two members appointed by the governor.17
C. Members of the board shall serve without compensation.18
D. The Department of Health and Hospitals shall provide the staff and19
facilities needed by the board to accomplish its duties as provided in this Part.20
§1046.6. Powers and duties of the board21
A. The board shall:22
(1) Work in conjunction with the commissioner of the Department of23
Agriculture and Forestry, the Louisiana Board of Pharmacy, and the Louisiana24
Board of Medical Examiners to facilitate the necessary licensing to prescribe,25
produce, and dispense therapeutic marijuana in Louisiana. This shall include26
accepting and approving the recommendations for licensing by the entities27
provided for in R.S. 40:1046.8.28
(2) Meet at least quarterly and may meet upon the call of the chairman29 SB NO. 541
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or any three members. Meetings of the board shall be open to the public in1
accordance with law.2
(3) Review and establish standards, procedures, and protocols for3
determining the amounts of therapeutic marijuana that may be reasonably4
necessary to ensure uninterrupted availability for a period of one month for5
qualifying patients, including amounts for topical treatments.6
(4) Prepare and submit electronically an annual report to the legislature7
and the governor regarding the therapeutic use of marijuana in the state of8
Louisiana. The report shall include at a minimum:9
(a) Recommendations for all needed changes in the law regarding the10
therapeutic use of marijuana in Louisiana.11
(b) A complete report on the receipt and expenditure of all funds12
received.13
(c) Comprehensive data regarding the number of qualifying patients,14
therapeutic marijuana treatment centers, producers, production facilities,15
physicians, and dispensers, and the quantities of marijuana that have been16
prescribed for therapeutic use as provided for by this Part.17
(5) Perform other duties related to the therapeutic use of marijuana18
upon the request of the governor or legislature.19
(6) Establish and modify, as necessary, a plan of organization to20
administer the provisions of this Part efficiently and thoroughly.21
(7) Analyze and review investigative and audit reports and findings.22
(8) Issue a written response to any formal request from the governor23
and the legislature or any committee thereof.24
(9) Appear before any committee of the legislature upon request of the25
president of the Senate, the speaker of the House, or the chairman of any26
legislative standing committee.27
(10) Review and make recommendations for the approval of the medical28
conditions to be added to the list of qualifying medical conditions that qualify29 SB NO. 541
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for the therapeutic use of marijuana.1
(11) Work in conjunction with the Louisiana State Police Crime2
Laboratory to develop procedures for testing therapeutic marijuana samples3
for levels of tetrahydrocannabinol (THC) or other testing parameters deemed4
appropriate by the board.5
(12) Maintain a list of all physicians, therapeutic marijuana treatment6
centers, therapeutic marijuana dispensers, therapeutic marijuana producers,7
and therapeutic marijuana production facilities licensed in Louisiana pursuant8
to the provisions of this Part.9
B. The board shall adopt rules pursuant to the Administrative10
Procedure Act. Rules of the board shall be subject to legislative oversight and11
review. The legislative review of the rules shall be conducted by the Senate12
Committee on Health and Welfare and the House Committee on Health and13
Welfare.14
C. The rules adopted pursuant to Subsection B of this Section shall15
include but shall not be limited to the following:16
(1) Standards, procedures, and protocols for the effective use of17
therapeutic marijuana as authorized by the provisions of this Part.18
(2) Standards, procedures, and protocols for the production,19
prescribing, and dispensing of therapeutic marijuana in Louisiana.20
(3) Procedures and protocols to provide that no therapeutic marijuana21
may be dispensed from, produced from, obtained from, sold to, or transferred22
to a location outside of this state.23
(4) A description of the areas in this state where therapeutic marijuana24
treatment centers shall not be located.25
(5) Health, safety, and security requirements for therapeutic marijuana26
treatment centers, and therapeutic marijuana production facilities which may27
include but are not limited to:28
(a) The ability to maintain adequate control against the diversion, theft,29 SB NO. 541
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and loss of therapeutic marijuana acquired or possessed by the treatment center1
or production facility.2
(b) The ability to maintain the knowledge, understanding, judgment,3
procedures, security controls, and ethics to ensure optimal safety and accuracy4
in the production, dispensing, and use of therapeutic marijuana.5
(6) The establishment of standards and procedures for the revocation,6
suspension, and nonrenewal of licenses issued pursuant to this Part.7
(7) The establishment of standards and procedures for the denial of8
licenses authorized pursuant to this Part.9
(8) The establishment of other licensing, renewal and operational10
standards deemed necessary by the board.11
(9) The establishment of standards, procedures, and protocols for12
determining the amount of usable therapeutic marijuana that is necessary to13
constitute an adequate supply to ensure uninterrupted availability for a period14
of one month, including amounts for topical treatments.15
(10) The development of a distribution system for therapeutic marijuana16
use that provides for both of the following:17
(a) Therapeutic marijuana production facilities within this state that are18
housed on secured grounds and operated by licensed producers.19
(b) The distribution of marijuana for therapeutic use to qualifying20
patients by therapeutic marijuana treatment centers.21
(11) Procedures and protocols to provide that no producer may cultivate22
marijuana for therapeutic use outside of Louisiana and to designate permissible23
locations for licensed producers in Louisiana.24
(12) The establishment of financial requirements for applicants of25
therapeutic marijuana production facilities, producers, and treatment centers26
under which each applicant demonstrates the following:27
(a) The financial capacity to build and operate a therapeutic marijuana28
production facility or treatment center.29 SB NO. 541
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(b) The ability to maintain an escrow account in a financial institution1
in Louisiana in an amount of two million dollars, if required by the board.2
(13) The establishment of health, safety, and security requirements for3
licensed producers, and production facilities which shall include but shall not4
be limited to a requirement that the applicant demonstrate all of the following:5
(a) The ability to maintain adequate control against the diversion, theft,6
and loss of therapeutic marijuana produced at that production facility.7
(b) The ability to cultivate pharmaceutical grade marijuana for8
therapeutic use in a secure indoor facility.9
(14) The establishment of standards, procedures, and protocols to10
ensure that all therapeutic marijuana produced and distributed at a therapeutic11
marijuana treatment center as authorized by the provisions of this Part is12
consistently pharmaceutical grade.13
(15) The establishment of standards and procedures for the revocation,14
suspension, and nonrenewal of licenses, provided the standards and procedures15
are consistent with the provisions this Part.16
(16) The establishment of other licensing, renewal, and operational17
standards which are deemed necessary by the board.18
(17) The establishment of standards, procedures, and protocols for the19
development of a Radio Frequency Identification (RFID) system, or Global20
Positioning System (GPS), or an equivalent inventory tracking program for the21
tracking of therapeutic marijuana.22
(18) The establishment of standards and procedures for testing23
therapeutic marijuana samples for levels of tetrahydrocannabinol (THC) or24
other testing parameters deemed appropriate by the board.25
§1046.7. Louisiana Therapeutic Use of Marijuana Fund26
A. The Louisiana Therapeutic Use of Marijuana Fund, hereinafter27
referred to as the "fund", is hereby created in the state treasury. Interest28
earned on the investment of monies in the fund shall be deposited in and29 SB NO. 541
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credited to the fund. Unexpended and unencumbered monies in the fund at the1
close of each fiscal year shall remain in the fund. Monies in the fund shall be2
appropriated, administered, and used solely and exclusively for purposes of this3
Part.4
B. The fund shall be comprised of all fines, fees, and other monies5
appropriated, donated, or otherwise made available to provide funding for the6
provisions of the Louisiana Therapeutic Use of Marijuana Act. All of such7
monies required to be deposited in the state treasury in accordance with Article8
VII, Section 9(A) of the Constitution of Louisiana shall be deposited in the fund9
after first meeting the requirements of Article VII, Section 9(B) of the10
Constitution of Louisiana relative to the Bond Security and Redemption Fund.11
C. Monies in the fund shall be appropriated and used solely and12
exclusively to provide for the implementation of the provisions of this Part.13
D. The fund shall be administered by the board as authorized by the14
provisions of this Part. The board is hereby authorized to establish such15
accounts or sub-accounts within the fund as deemed necessary to comply with16
the provisions of the Louisiana Therapeutic Use of Marijuana Act. The board17
shall not comingle the monies in the fund established in this Section with any18
other monies or funds of the board for any reason.19
E. The Department of Agriculture and Forestry, the Louisiana Board20
of Medical Examiners, and the Louisiana Board of Pharmacy shall be21
reimbursed for any expenses those departments incur for the investigation and22
licensing functions they perform as provided for by this Part.23
§1046.8. Suitability for licensing; qualifications for licensing24
A. No person shall be eligible to obtain any license or obtain any other25
approval pursuant to the provisions of this Part unless the applicant has26
demonstrated by clear and convincing evidence that he is suitable as provided27
in this Section.28
B. To be suitable, an applicant shall be:29 SB NO. 541
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(1) A resident of the state.1
(2) Twenty-one years of age or older.2
(3) A person of good character, honesty, and integrity.3
(4) A person whose prior activities, criminal record, if any, reputation,4
habits, and associations do not pose a threat to the public interest of this state5
or to the effective regulation and the use of therapeutic marijuana.6
(5) A person who is capable of and likely to conduct the activities for7
which the applicant is licensed. This shall include the financial capability to8
conduct the activities for which the applicant is licensed.9
(6) A person who does not owe the state or any local governing authority10
or any municipality any delinquent sales taxes, penalties, or interest, excluding11
items under formal appeal or protest as provided by law.12
(7) A person who agrees in writing to hold harmless and indemnify the13
licensing authority, the state, or the board for any and all liability arising out14
of the issuance of the license authorized pursuant to this Part.15
(8) A person who is not disqualified pursuant to the provisions of16
Subsection C of this Section.17
C. No licensing authority provided for by this Part shall issue a license18
to any person who is disqualified on the basis of the following criteria:19
(1) The conviction or a plea of guilty or nolo contendere by the applicant20
or any person required to be suitable under the provisions of this Part for any21
of the following:22
(a) Any offense punishable by imprisonment of more than one year.23
(b) Any offense involving a controlled dangerous substance.24
(c) A crime of violence as defined in R.S. 14:2(B) or a sex offense as25
defined in R.S. 15:141.26
(2) There is a current prosecution or pending charge against the person27
in any jurisdiction for any offense listed in Paragraph (1) of this Subsection.28
(3) The person is not current in filing all applicable tax returns and in29 SB NO. 541
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the payment of all taxes, penalties, and interest owed to the state of Louisiana1
or any political subdivision of Louisiana, excluding items under formal appeal.2
(4) The failure to provide information and documentation to reveal any3
fact material to a suitability determination, or the supplying of information4
which is untrue or misleading as to a material fact pertaining to the suitability5
criteria.6
§1046.9. License applications; licensing authority7
A. An application for any license as authorized by the provisions of this8
Part shall be made to the respective licensing authorities on forms furnished by9
those authorities.10
B. The licenses provided for by this Part shall be issued for a term of two11
years by the following licensing authorities:12
(1) A therapeutic marijuana treatment center license shall be issued by13
the Louisiana Board of Pharmacy.14
(2) A therapeutic marijuana dispensing agent license shall be issued by15
the Louisiana Board of Pharmacy.16
(3) A license to prescribe therapeutic marijuana shall be issued by the17
Louisiana Board of Medical Examiners.18
(4) A therapeutic marijuana production facility license shall be issued19
by the commissioner of the Department of Agriculture and Forestry.20
(5) A therapeutic marijuana producer license shall be issued by the21
commissioner of the Department of Agriculture and Forestry.22
§1046.10. Qualifications for physician licensing to prescribe therapeutic23
marijuana24
The Louisiana Board of Medical Examiners shall issue a license to25
prescribe therapeutic marijuana to a qualified physician upon satisfaction of all26
of the following criteria:27
(1) The physician has been certified as a neurologist, oncologist, or28
ophthalmologist.29 SB NO. 541
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(2) The physician meets the suitability requirements as provided for in1
R.S. 40:1046.7.2
(3) The physician holds a current and unrestricted license in good3
standing to practice medicine issued by the Louisiana State Board of Medical4
Examiners.5
(4) The physician holds a controlled dangerous substance permit issued6
by the Louisiana Board of Pharmacy.7
(5) The physician holds a controlled dangerous substance permit and8
registration issued by the state and the United States Drug Enforcement9
Agency.10
(6) The physician is in compliance with any criteria established by rules11
adopted by the Therapeutic Marijuana Utilization Review Board.12
§1046.11. Qualifications for licensing of therapeutic marijuana dispensing13
agent14
The Louisiana Board of Pharmacy shall issue a license to dispense15
therapeutic marijuana to a qualified pharmacist upon satisfaction of all of the16
following criteria:17
(1) The pharmacist meets the suitability requirements as provided for18
in R.S. 40:1046.7.19
(2) The pharmacist is a resident of this state for not less than six months.20
(3) The pharmacist is currently licensed to engage in the practice of21
pharmacy in this state.22
(4) The pharmacist is actively engaged in the practice of pharmacy in23
this state and is employed by, or is the owner of, a therapeutic marijuana24
treatment center.25
(5) The pharmacist has at least five years of experience in the practice26
of pharmacy in this state.27
(6) The pharmacist is in compliance with any criteria established by28
rules adopted by the Therapeutic Marijuana Utilization Review Board.29 SB NO. 541
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§1046.12. Therapeutic marijuana treatment facility; number of facilities;1
permit requirements2
A. The Louisiana Board of Pharmacy shall issue a license to an3
applicant to operate a therapeutic marijuana treatment facility upon4
satisfaction of all of the following criteria:5
(1) The owner of the facility meets the suitability requirements as6
provided for in R.S. 40:1046.7.7
(2) The facility employs a therapeutic marijuana dispensing agent who8
is a pharmacist licensed by the Louisiana Board of Pharmacy and also has been9
issued a current and valid license to dispense therapeutic marijuana pursuant10
to the provisions of R.S. 40:1046.11
(3) The therapeutic marijuana treatment facility is a pharmacy in good12
standing and has been issued a pharmacy permit from the Louisiana Board of13
Pharmacy.14
(4) The owner of the therapeutic marijuana treatment facility is the15
holder of a valid and current controlled dangerous substances permit issued by16
the Louisiana Board of Pharmacy.17
(5) The facility is in compliance with any criteria established by rules18
adopted by the Therapeutic Marijuana Utilization Review Board.19
B. There shall be a maximum of ten therapeutic marijuana treatment20
facilities in the state of Louisiana. One facility shall be located in each human21
services district as provided for in R.S. 28:912(B).22
§1046.13. Therapeutic marijuana production facilities; number of facilities23
A. The commissioner of the Department of Agriculture and Forestry24
shall issue a license to an applicant to operate a therapeutic marijuana25
production facility upon satisfaction of all of the following criteria:26
(1) The owner of the facility meets the suitability requirements as27
provided for in R.S. 40:1046.7.28
(2) The owner of the facility demonstrates the financial capacity to build29 SB NO. 541
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and operate a therapeutic marijuana production facility.1
(3) The owner of the facility demonstrates the ability to maintain an2
escrow account in a financial institution in Louisiana in an amount of two3
million dollars if required by the board.4
(4) The owner of the facility demonstrates all of the following:5
(a) The ability to maintain adequate control against the diversion, theft,6
and loss of therapeutic marijuana produced at that production facility.7
(b) The ability to cultivate pharmaceutical grade marijuana for8
therapeutic use in a secure indoor facility.9
(c) The ability to produce and cultivate therapeutic marijuana with a10
guaranteed tetrahydrocannabinol (THC) percentage level as established by the11
board.12
(d) The ability to provide for secured inventory and computer inventory13
tracking of all therapeutic marijuana produced at that facility.14
(5) The owner of the facility establishes standards and protocols to15
ensure that all therapeutic marijuana produced and distributed at a therapeutic16
marijuana treatment center as authorized by the provisions of this Part is17
consistently pharmaceutical grade.18
B. There shall be a maximum of six marijuana production facilities in19
the state, one for each congressional district.20
§1046.14. Exemption from criminal prosecution21
A. No patient who has a prescription for therapeutic marijuana shall be22
arrested or prosecuted for possession of marijuana in violation of R.S. 40:966(E)23
if the patient is in possession of the marijuana pursuant to the provisions of this24
Part.25
B. No therapeutic marijuana dispenser, therapeutic marijuana26
producer, or any employee of a therapeutic marijuana treatment facility or27
therapeutic marijuana production facility shall be prosecuted for the28
production, manufacturing, dispensing or distributing marijuana or possession29 SB NO. 541
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with intent to produce, manufacture, dispense or distribute marijuana in1
violation of R.S. 40:966(A) if the dispensing agent or the employee is in the2
course and scope of his employment and in compliance with the provisions of3
this Part.4
C. The provisions of this Section shall not be construed to exempt a5
therapeutic marijuana dispenser, producer, or employee of a therapeutic6
marijuana treatment facility or production facility from any criminal provisions7
provided for in the Uniform Controlled Dangerous Substances Act or in any8
other provision of law if the dispenser, producer, or their employees are not in9
compliance with the provisions of this Part and the activity is directly related10
to the course and scope of their duties as provided by this Part.11
§1046.15. Therapeutic marijuana not covered by health insurance12
The provisions of this Part shall not be construed to require any13
insurance company, health maintenance organization, or any other health14
insurance issuer to cover, reimburse, or provide for any costs associated with15
the expenses of obtaining therapeutic marijuana or any items, services, supplies,16
or paraphernalia related to the use of therapeutic marijuana as authorized by17
the provisions of this Part.18
Section 2. No license shall be issued as authorized by the provisions of this Part until19
the Louisiana Therapeutic Utilization Review Board has adopted all rules required to20
implement the provisions of this Part. 21
Section 3. The provisions of this Act shall be effective on January 1, 2015.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Mills (SB 541)
Present law authorizes the prescribing of therapeutic marijuana for certain medical
conditions.
Proposed law deletes present law.
Proposed law provides that a physician as defined may prescribe therapeutic marijuana,
tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols for therapeutic use SB NO. 541
SLS 14RS-578 ORIGINAL
Page 18 of 19
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
if all of the following occur:
(1)The physician is a certified neurologist, oncologist, or ophthalmologist licensed to
practice medicine in Louisiana.
(2)The physician is registered to prescribe controlled dangerous substances with the
DEA.
(3)The physician has obtained a license to prescribe therapeutic marijuana.
(4)The physician has a bonafide physician-patient relationship with a patient who
suffers from a qualifying medical condition and the physician determines that
therapeutic marijuana is the best treatment option for that patient.
Proposed law provides that the prescriptive authority shall only extend to certified
neurologists, oncologists, and ophthalmologists and shall only be prescribed for the
treatment of a qualifying medical condition.
Proposed law creates the Therapeutic Marijuana Utilization Review Board and provides for
its membership.
Proposed law provides that the board shall have rulemaking authority and shall work in
conjunction with the commissioner of the Dept. of Agriculture and Forestry, the Louisiana
Board of Pharmacy, and the Louisiana Board of Medical Examiners to facilitate the
necessary licensing to prescribe, produce, and dispense therapeutic marijuana in Louisiana.
Proposed law places the Therapeutic Marijuana Utilization Review Board within the
Department of Health and Hospitals.
Proposed law provides that the Dept. of Health and Hospitals shall supply staffing and
facilities to assist the board in administering the provisions of proposed law.
Proposed law establishes criteria and licensing qualifications for therapeutic marijuana
dispensers, therapeutic marijuana treatment facilities, therapeutic marijuana producers,
therapeutic marijuana production facilities, and physicians licensed to prescribe therapeutic
marijuana and authorizes the board to develop the policies to implement proposed law
through the adoption of rules.
Proposed law provides that the House and Senate committees on health and welfare shall
have oversight over rules adopted by the Therapeutic Marijuana Utilization Review Board.
Proposed law provides that the applicant for any license must be determined to be suitable
which means that the applicant is:
(1)A resident of the state.
(2)21 years of age or older.
(3)A person of good character, honesty, and integrity.
(4)A person whose prior activities, criminal record, if any, reputation, habits, and
associations do not pose a threat to the public interest.
(5)A person who is capable of and likely to conduct the activities for which the
applicant is licensed.
(6)A person who does not owe the state or any local governing authority or any
municipality any delinquent sales taxes, penalties, or interest. SB NO. 541
SLS 14RS-578 ORIGINAL
Page 19 of 19
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(7)A person who agrees in writing to hold harmless and indemnify the licensing
authority, the state, or the board for any and all liability arising out of the issuance
of the license.
(8)A person who is not disqualified.
Proposed law provides that a person will be disqualified from obtaining a license based upon
any of the following:
(1)The conviction or a plea of guilty or nolo contendere by the applicant for any offense
punishable by imprisonment of more than one year, any offense involving a
controlled dangerous substance, or a crime of violence or a sex offense.
(2)The person is not current in filing all applicable tax returns and in the payment of all
taxes, penalties, and interest owed to the state of Louisiana or any political
subdivision of Louisiana, excluding items under formal appeal.
(3)The failure to provide information and documentation to reveal any fact material to
a suitability determination, or the supplying of information which is untrue or
misleading as to a material fact pertaining to the suitability criteria.
Provides that the licenses provided for by proposed law shall be issued by the following
licensing authorities:
(1)A therapeutic marijuana treatment center license shall be issued by the Louisiana
Board of Pharmacy.
(2)A therapeutic marijuana dispensing agent license shall be issued by the Louisiana
Board of Pharmacy.
(3)A license to prescribe therapeutic marijuana shall be issued by the Louisiana Board
of Medical Examiners.
(4)A therapeutic marijuana production facility license shall be issued by the
commissioner of the Dept. of Agriculture and Forestry.
(5)A therapeutic marijuana producer license shall be issued by the commissioner of the
Dept. of Agriculture and Forestry.
Proposed law provides for the creation of the Louisiana Therapeutic Use of Marijuana Fund.
Provides that the fund shall be administered by the board.
Proposed law provides that the Dept. of Agriculture and Forestry, the Louisiana Board of
Medical Examiners, and the Louisiana Board of Pharmacy shall be reimbursed for any
expenses those departments incur for the investigation and licensing functions.
Proposed law provides for an exemption from prosecution if a person is in possession or
producing, manufacturing, dispensing, or distributing therapeutic marijuana as authorized
by proposed law.
Proposed law provides that therapeutic marijuana shall not be covered by health insurance.
Proposed law provides that no licenses shall be issued until all rules have been adopted.
Effective January 1, 2015.
(Amends R.S. 40:1046.1-1046.15; adds R.S. 36:259(OO))