GREEN SHEET REDIGEST
HB 579 2018 Regular Session James
PHARMACISTS: Provides relative to the authorization for therapeutic use of
marijuana
DIGEST
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 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.
(5)Parkinson's disease.
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.
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.
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Prepared by Christine Arbo Peck. (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.
(Amends R.S. 40:1046(A)(1) and (2) and R.S. 40:1046(A)(1) and (2) as amended and
reenacted by ยง2 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.
The House Floor Amendments to the engrossed bill:
1. Restore present law authorizing physicians to recommend or prescribe marijuana
for therapeutic use in any form as permitted by rules and regulations of the La.
Board of Pharmacy except for inhalation, and except for raw or crude marijuana.
2. Delete proposed law referring to marijuana preparations, marijuana
paraphernalia, and vaporization of marijuana.
3. Add Parkinson's disease to the set of conditions for which medical marijuana may
be recommended.
4. Stipulate that employers and their worker's compensation insurers shall not be
obliged or ordered to pay for recommended or prescribed medical marijuana in
claims arising under present law relative to worker's compensation.
5. Make technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Removes all provisions other than those adding medical conditions to the
definition of "debilitating medical condition".
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Prepared by Christine Arbo Peck.