HLS 16RS-5157 ORIGINAL
2016 Regular Session
HOUSE RESOLUTION NO. 248
BY REPRESENTATIVE ARMES
DRUGS/CONTROLLED: Urges and requests state entities that have a role in the
implementation of Act No. 96 of the 2016 Regular Session relative to patient access
to therapeutic marijuana to prioritize fully implementing the law as soon as possible
1 A RESOLUTION
2To urge and request the Louisiana State Board of Medical Examiners, the Louisiana State
3 Board of Pharmacy, and the Department of Agriculture and Forestry to adopt rules
4 and regulations necessary to implement the provisions set forth in R.S. 40:1046 and
5 1047 relative to patient access to recommended medical marijuana for therapeutic
6 use.
7 WHEREAS, the Louisiana State Board of Medical Examiners is required to
8promulgate rules and regulations that physicians shall follow when recommending use of
9medical marijuana for treatment of debilitating medical conditions; and
10 WHEREAS, on November 9, 2015, the Louisiana State Board of Medical Examiners
11submitted their proposed rules regarding marijuana for therapeutic use by patients suffering
12from a qualifying medical condition; and
13 WHEREAS, the Louisiana State Board of Medical Examiners must submit to the
14Senate and House committees on health and welfare on an annual basis not less than sixty
15days prior to the beginning of the regular session of the legislature, a report containing any
16additional diseases or medical conditions that should be added to the list of eligible diseases
17and conditions for recommendation; and
18 WHEREAS, the Louisiana Board of Pharmacy is required to adopt rules and
19regulations regarding the dispensing of recommended marijuana for therapeutic use and the
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HR NO. 248
1geographic locations of pharmacies in Louisiana that will be dispensing medical marijuana
2recommended for therapeutic use; and
3 WHEREAS, the Louisiana Board of Pharmacy is required to develop an annual,
4nontransferable specialty license for a pharmacy to dispense recommended marijuana for
5therapeutic use and shall limit the number of such licenses granted in the state to no more
6than ten licensees; and
7 WHEREAS, the Department of Agriculture and Forestry is required to develop rules
8and regulations regarding the extraction, processing, and production of recommended
9therapeutic marijuana and the facility producing therapeutic marijuana; and
10 WHEREAS, the Department of Agriculture and Forestry is mandated to develop an
11annual, nontransferable speciality license for the production of recommended marijuana for
12therapeutic use; and
13 WHEREAS, the Department of Agriculture and Forestry must limit the number of
14such licenses granted in the state to no more than one licensee; and
15 WHEREAS, the license shall be limited to one geographic location as provided for
16in the rules by the Department of Agriculture and Forestry; and
17 WHEREAS, the Louisiana State University Agricultural Center and the Southern
18University Agricultural Center shall have the right of first refusal to be licensed as the
19production facility, either jointly or separately; and
20 WHEREAS, prior to September 1, 2016, the Louisiana State University Agricultural
21Center and the Southern University Agricultural Center must provide written notice to the
22commissioner of agriculture and forestry of their intent to be licensed as a production
23facility, either jointly or separately; and
24 WHEREAS, if the Louisiana State University Agricultural Center and the Southern
25University Agricultural Center decline to be licensed as the production facility, either jointly
26or separately, the Department of Agriculture and Forestry shall grant the license pursuant
27to a contract awarded through a competitive sealed bid or a competitive sealed proposal as
28provided for in R.S. 39:1594 and 1595; and
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HR NO. 248
1 WHEREAS, any bid for the license shall include proof of the financial capability of
2the bidder to operate a therapeutic marijuana production facility including but not limited
3to a net worth of not less than one million dollars; and
4 WHEREAS, the Department of Agriculture and Forestry mandates that any person
5applying for licensure submit to a full set of fingerprints, permit the department to request
6and obtain state and national criminal history record information on the applicant, and pay
7the reasonable costs to be incurred by the department in requesting and obtaining state and
8national criminal history record information; and
9 WHEREAS, recommended therapeutic marijuana will allow for an additional form
10of medication to treat patients suffering from severely debilitating diseases including but not
11limited to cancer, multiple sclerosis, epilepsy, HIV, and AIDS; and
12 WHEREAS, citizens of the state of Louisiana have had to apply for temporary
13resident status in other states, move to other states, or have separate homes in other states
14in order to receive this type of treatment due to its unavailability in this state; and
15 WHEREAS, families will no longer have to take such drastic measures to obtain this
16form of medication once the program is fully implemented.
17 THEREFORE, BE IT RESOLVED that the House of Representatives of the
18Legislature of Louisiana does hereby urge and request the Louisiana State University
19Agricultural Center and the Southern University Agricultural Centers to expeditiously
20submit their decision as to whether they wish to be the licensed production facility to the
21Department of Agriculture and Forestry.
22 BE IT FURTHER RESOLVED that the House of Representatives of the Legislature
23of Louisiana does hereby urge and request the Louisiana Board of Pharmacy, the Louisiana
24Board of Medical Examiners, and the Department of Agriculture and Forestry to develop the
25rules and regulations to implement the program in a timely manner in an effort to make the
26medication readily available for recommendation to patients by their physicians.
27 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
28to the president of the Louisiana Board of Medical Examiners, the executive director of the
29Louisiana Board of Pharmacy, the commissioner of the Department of Agriculture and
30Forestry, the Louisiana State University vice president for agriculture and dean of the
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HR NO. 248
1College of Agriculture, and the interim chancellor of the Southern University Agricultural
2Center.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HR 248 Original 2016 Regular Session Armes
Urges and request the Louisiana State University and Southern University Agricultural
Centers to submit their written notice as to their intent to become the licensed producer of
marijuana that will be recommended for therapeutic use.
Urges and request the La. State Bd. of Medical Examiners, the La. State Bd. of Pharmacy
and the Dept. of Agriculture and Forestry to adopt rules and regulations necessary to
implement the provisions set forth in R.S. 40:1046 and 1047 relative to patient access to
recommended medical marijuana for therapeutic use.
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