2016 Regular Session ENROLLED
SENATE BILL NO. 180
BY SENATOR MILLS
1 AN ACT
2 To enact R.S. 40:966(I), relative to the Uniform Controlled Dangerous Substances Law; to
3 provide an exemption from prosecution under the Uniform Controlled Dangerous
4 Substances Law for a person lawfully in possession of medical marijuana; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:966(I) is hereby enacted to read as follows:
8 ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs
9 listed in Schedule I; possession of marijuana, possession of synthetic
10 cannabinoids, possession of heroin
11 * * *
12 I. Immunity from prosecution. Any person who is a patient of the
13 state-sponsored medical marijuana program in Louisiana, and who possesses
14 medical marijuana in a form permissible under R.S. 40:1046 for a condition
15 enumerated therein, a caregiver as defined in R.S. 15:1503, or any person who
16 is a domiciliary parent of a minor child who possesses medical marijuana on
17 behalf of his minor child in a form permissible under R.S. 40:1046 for a
18 condition enumerated therein pursuant to a legitimate medical marijuana
19 prescription or recommendation, shall not be subject to prosecution for
20 possession or distribution of marijuana under this Section for possessing
21 medical marijuana or dispensing medical marijuana to his minor child who is
22 a patient of the state-sponsored medical marijuana program. This defense must
23 be raised in accordance with R.S. 40:991, and the defendant bears the burden
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 180 ENROLLED
1 of proof of establishing that the possession or distribution of the marijuana was
2 in accordance with the state-sponsored medical marijuana program.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.