The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 35 Original 2017 Regular Session Colomb
Present law provides that 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 for
a condition enumerated therein, a caregiver as defined in present law, or 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 therein pursuant to a legitimate
medical marijuana prescription or recommendation, is not subject to prosecution for possession or
distribution of marijuana under present law (Uniform Controlled Dangerous Substances Law).
Proposed law retains present law and adds that a person immune from prosecution under present law
is also immune from arrest, and extends this immunity to the purchase, preparation, or transportation
of marijuana, marijuana preparations, and marijuana paraphernalia.
Present law provides that (1) the defense of immunity from prosecution under present law must be
raised in accordance with present law requiring the defendant to produce sufficient proof of a valid
prescription to the appropriate prosecuting office and (2) the defendant bears the burden of proof of
establishing that the possession or distribution of the marijuana was in accordance with the
state-sponsored medical marijuana program.
Proposed law deletes present law.
Proposed law provides that proposed law does not prevent the imposition of penalties for diversion
of marijuana or other conduct outside the scope of the state-sponsored medical marijuana program.
Proposed law provides that any pharmacy licensed to dispense marijuana pursuant to present law,
and any employee, board member, director, or agent of a pharmacy licensed to dispense marijuana
pursuant to present law, are not subject to arrest or prosecution for possession, distribution,
preparation, or transportation of marijuana, marijuana preparations, and marijuana paraphernalia
under proposed law. Proposed law further provides that this defense is a complete bar to arrest and
prosecution. Proposed law does not prevent the imposition of penalties for diversion of marijuana
or other conduct outside the scope of the state-sponsored medical marijuana program or for
violations of Board of Pharmacy rules and regulations.
Proposed law provides that any production facility licensed by the Department of Agriculture and
Forestry to produce marijuana pursuant to present law, and any employee, board member, director,
or agent of a marijuana production facility licensed pursuant to present law, are not subject to arrest
or prosecution for possession, manufacture, distribution, purchase, preparation, or transportation of
marijuana, marijuana preparations, and marijuana paraphernalia under proposed law. Proposed law
further provides that this defense is a complete bar to arrest and prosecution. Proposed law does not prevent the imposition of penalties for diversion of marijuana or other conduct outside the scope of
the state-sponsored medical marijuana program or for violations of Department of Agriculture and
Forestry rules and regulations.
Proposed law provides that any laboratory that tests marijuana or marijuana preparations produced
and distributed under the state-sponsored medical marijuana program, and any employee, board
member, director, or agent of a testing laboratory pursuant to present law, are not subject to arrest
or prosecution for possession or transportation of marijuana and marijuana paraphernalia under
proposed law. Proposed law further provides that this defense is a complete bar to arrest and
prosecution. Proposed law does not prevent the imposition of penalties for diversion of marijuana
or other conduct outside the scope of the state-sponsored medical marijuana program or for
violations of Board of Pharmacy rules and regulations.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:966(I))