The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
SB 180 Engrossed 2016 Regular Session Mills
Present law prohibits the distribution or possession with intent to distribute certain narcotic drugs,
marijuana, and synthetic cannabinoids.
Proposed law retains present law and adds that the following persons are not subject to prosecution
for possession or distribution of marijuana under present law:
(1)Any person who is a patient of the state-sponsored medical marijuana program in Louisiana,
and possesses medical marijuana in a form permissible under present law relative to medical
marijuana for a condition enumerated in present law.
(2)Any person who is a domiciliary parent of a minor child who possesses medical marijuana
on behalf of his minor child in a form permissible under present law for a condition
enumerated in present law pursuant to a legitimate medical marijuana prescription.
Proposed law provides that this defense must be raised in accordance with present law relative to
valid prescriptions for controlled dangerous substances, and the defendant bears the burden of proof
of establishing that the possession or distribution of the marijuana in question was in accordance
with the state-sponsored medical marijuana program.
Effective August 1, 2016.
(Adds R.S. 40:966(I))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Change applicability of proposed law from patients possessing medical marijuana
pursuant to an out-of-state medical marijuana program to patients possessing medical
marijuana pursuant to the Louisiana medical marijuana program.