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)]
HB 579 Engrossed 2018 Regular Session James
Abstract: Provides relative to the conditions for which medical marijuana may be recommended
or prescribed.
Recommendation of Medical Marijuana
Present law authorizes physicians who are domiciled in La. and licensed by and in good standing
with the La. State Board of Medical Examiners to recommend tetrahydrocannabinols (commonly
referred to as "medical marijuana"), or chemical derivatives thereof, for therapeutic use by patients
clinically diagnosed as suffering from a debilitating medical condition. Defines "debilitating medical
condition" to mean cancer, positive status for human immunodeficiency virus, acquired immune
deficiency syndrome, cachexia or wasting syndrome, seizure disorders, epilepsy, spasticity, Crohn's
disease, muscular dystrophy, or multiple sclerosis.
Proposed law revises present law to authorize physicians who are domiciled in La. and licensed by
and in good standing with the La. State Board of Medical Examiners to recommend marijuana or
marijuana preparations for therapeutic use by patients clinically diagnosed as suffering from a
debilitating medical condition. Adds the following to the set of conditions for which medical
marijuana may be recommended:
(1)Glaucoma.
(2)Severe muscle spasms.
(3)Intractable pain.
(4)Post-traumatic stress disorder.
Proposed law defines "intractable pain" as a pain state in which the cause of the pain cannot be
removed or otherwise treated with the consent of the patient and which, in the generally accepted
course of medical practice, no relief or cure of the cause of the pain is possible, or none has been
found after reasonable efforts. Provides further that intractable pain is pain so chronic and severe
as to otherwise warrant an opiate prescription.
Proposed law provides that any member of the public may petition the La. State Board of Medical
Examiners for the addition of serious medical conditions and medical marijuana treatment options. Present law requires the La. Board of Pharmacy to develop an annual, nontransferable specialty
license for a pharmacy to dispense recommended marijuana for therapeutic use. Provides that the
number of such licenses shall be no more than ten. Proposed law retains present law and authorizes
pharmacists licensed pursuant to present law to dispense marijuana preparations and marijuana
paraphernalia to patients, their caregivers, and minor patients' domiciliary parents.
Proposed law stipulates that licensed marijuana dispensing pharmacies may not dispense raw or
crude marijuana a patient or a parent or caregiver of a patient.
Proposed law prohibits smoking but allows vaporizing of marijuana or marijuana preparations.
Proposed law establishes the following defined terms and corresponding definitions for purposes of
proposed law:
(1)"Marijuana paraphernalia" means objects used, intended for use, or designated for use in
preparing, storing, ingesting, vaporizing, or otherwise introducing medical marijuana into
the human body. The term does not include objects meant for smoking marijuana.
(2)"Marijuana preparations" means any form authorized by and consistent with the rules
adopted by the La. Board of Pharmacy.
(3)"Vaporize" means heating below the point of combustion.
Prescription of Medical Marijuana
Present law authorizes physicians who are domiciled in La. and licensed by and in good standing
with the La. State Board of Medical Examiners to prescribe, rather than recommend, medical
marijuana for therapeutic use by patients clinically diagnosed as suffering from a debilitating medical
condition if and when the U.S. Drug Enforcement Administration reclassifies marijuana from a
Schedule I drug to a Schedule II drug, thereby allowing the drug to be legally prescribed. Defines
"debilitating medical condition" to mean cancer, positive status for human immunodeficiency virus,
acquired immune deficiency syndrome, cachexia or wasting syndrome, seizure disorders, epilepsy,
spasticity, Crohn's disease, muscular dystrophy, or multiple sclerosis.
Proposed law revises present law to authorize physicians who are domiciled in La. and licensed by
and in good standing with the La. State Board of Medical Examiners to prescribe marijuana or
marijuana preparations for therapeutic use by patients clinically diagnosed as suffering from a
debilitating medical condition. Adds the following to the set of conditions for which medical
marijuana may be prescribed:
(1)Glaucoma.
(2)Severe muscle spasms.
(3)Intractable pain. (4)Post-traumatic stress disorder.
Proposed law defines "intractable pain" as a pain state in which the cause of the pain cannot be
removed or otherwise treated with the consent of the patient and which, in the generally accepted
course of medical practice, no relief or cure of the cause of the pain is possible, or none has been
found after reasonable efforts. Provides further that intractable pain is pain so chronic and severe
as to otherwise warrant an opiate prescription.
Proposed law provides that any member of the public may petition the La. State Board of Medical
Examiners for the addition of serious medical conditions and medical marijuana treatment options.
Present law requires the La. Board of Pharmacy to develop an annual, nontransferable specialty
license for a pharmacy to dispense prescribed marijuana for therapeutic use. Provides that the
number of such licenses shall be no more than ten. Proposed law retains present law and authorizes
pharmacists licensed pursuant to present law to dispense marijuana preparations and marijuana
paraphernalia to patients, their caregivers, and minor patients' domiciliary parents.
Proposed law stipulates that licensed marijuana dispensing pharmacies may not dispense raw or
crude marijuana a patient or a parent or caregiver of a patient.
Proposed law prohibits smoking but allows vaporizing of marijuana or marijuana preparations.
Proposed law establishes the following defined terms and corresponding definitions for purposes of
proposed law:
(1)"Marijuana paraphernalia" means objects used, intended for use, or designated for use in
preparing, storing, ingesting, vaporizing, or otherwise introducing medical marijuana into
the human body. The term does not include objects meant for smoking marijuana.
(2)"Marijuana preparations" means any form authorized by and consistent with the rules
adopted by the La. Board of Pharmacy.
(3)"Vaporize" means heating below the point of combustion.
(Amends R.S. 40:1046(A) and (G) and R.S. 40:1046(A) and (G) as amended and reenacted by
Section 2 of Act No. 96 of the 2016 R.S.)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Revise proposed law defining "marijuana preparations" to provide that such preparations
can be any form authorized by and consistent with the rules adopted by the La. Board of
Pharmacy. 2. Amend present law relative to prescription of medical marijuana to reflect amendments
proposed law makes in present law relative to recommendation of medical marijuana.
3. Make technical changes.