HLS 18RS-1182 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 826
BY REPRESENTATIVE HUNTER
PHARMACISTS: Requires that a minimum proportion of the state's marijuana pharmacy
licenses be granted to minority-owned businesses
1 AN ACT
2To amend and reenact R.S. 40:1046(G) and R.S. 40:1046(G) as amended and reenacted by
3 Section 2 of Act No. 96 of the 2016 Regular Session of the Legislature of Louisiana,
4 relative to specialty pharmacy licenses for dispensing of medical marijuana; to
5 provide for duties of the Louisiana Board of Pharmacy in granting such licenses; to
6 provide relative to the number of such licenses authorized; to require that a minimum
7 proportion of such licenses be granted to minority business enterprises; and to
8 provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:1046(G) is hereby amended and reenacted to read as follows:
11 §1046. Recommendation of marijuana for therapeutic use; rules and regulations;
12 Louisiana Board of Pharmacy and the adoption of rules and regulations
13 relating to the dispensing of recommended marijuana for therapeutic use; the
14 Department of Agriculture and Forestry and the licensure of a production
15 facility
16 * * *
17 G.(1) The Louisiana Board of Pharmacy shall develop an annual,
18 nontransferable specialty license for a pharmacy to dispense recommended
19 marijuana for therapeutic use and, except as provided in Paragraph (3) of this
20 Subsection, shall limit the number of such licenses granted in the state to no more
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HB NO. 826
1 than ten licensees. The Louisiana Board of Pharmacy board shall develop rules and
2 regulations regarding the geographical locations of dispensing pharmacies in
3 Louisiana.
4 (2) The Louisiana Board of Pharmacy shall ensure that no fewer than four
5 of the licenses issued in accordance with this Subsection are granted to minority-
6 owned businesses that would qualify for designation as minority business enterprises
7 in accordance with R.S. 39:1951 et seq.
8 (3) If upon the effective date of Paragraph (2) of this Subsection a sufficient
9 number of marijuana pharmacy licenses have been granted so as to preclude the
10 issuance of the minimum number of licenses required by that Paragraph, then the
11 Louisiana Board of Pharmacy shall issue additional licenses above the numerical
12 limit provided in Paragraph (1) of this Subsection in a number sufficient to ensure
13 that at least forty percent of all such licences are granted to minority-owned
14 businesses that would qualify for designation as minority business enterprises in
15 accordance with R.S. 39:1951 et seq.
16 * * *
17 Section 2. R.S. 40:1046(G) as amended and reenacted by Section 2 of Act No. 96
18of the 2016 Regular Session of the Legislature of Louisiana is hereby amended and
19reenacted to read as follows:
20 Section 2. R.S. 40:1046 is hereby amended and reenacted to read as follows:
21 §1046. Prescription of marijuana for therapeutic use; rules and regulations;
22 Louisiana Board of Pharmacy and the adoption of rules and
23 regulations relating to the dispensing of prescribed marijuana for
24 therapeutic use; the Department of Agriculture and Forestry and the
25 licensure of a production facility
26 * * *
27 I.G.(1) The Louisiana Board of Pharmacy shall develop an annual,
28 nontransferable specialty license for a pharmacy to dispense prescribed
29 marijuana for therapeutic use and, except as provided in Paragraph (3) of
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HB NO. 826
1 this Subsection, shall limit the number of such licenses granted in the state
2 to no more than ten licensees. The Louisiana Board of Pharmacy board shall
3 develop rules and regulations regarding the geographical locations of
4 dispensing pharmacies in Louisiana.
5 (2) The Louisiana Board of Pharmacy shall ensure that no fewer
6 than four of the licenses issued in accordance with this Subsection are
7 granted to minority-owned businesses that would qualify for designation
8 as minority business enterprises in accordance with R.S. 39:1951 et seq.
9 (3) If upon the effective date of Paragraph (2) of this Subsection
10 a sufficient number of marijuana pharmacy licenses have been granted
11 so as to preclude the issuance of the minimum number of licenses
12 required by that Paragraph, then the Louisiana Board of Pharmacy
13 shall issue additional licenses above the numerical limit provided in
14 Paragraph (1) of this Subsection in a number sufficient to ensure that at
15 least forty percent of all such licences are granted to minority-owned
16 businesses that would qualify for designation as minority business
17 enterprises in accordance with R.S. 39:1951 et seq.
18 * * *
19 Section 3. This Act shall become effective upon signature by the governor or, if not
20signed by the governor, upon expiration of the time for bills to become law without signature
21by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
22vetoed by the governor and subsequently approved by the legislature, this Act shall become
23effective on the day following such approval.
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 826 Original 2018 Regular Session Hunter
Abstract: Requires that a minimum of 40% of the state's marijuana pharmacy licenses be
granted to minority-owned businesses.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-1182 ORIGINAL
HB NO. 826
Recommendation of Medical Marijuana
Present law authorizes physicians in La. 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 as defined
in present law. Proposed law retains present law.
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,
and provides that the number of such licenses granted in the state shall be limited to no more
than ten licensees.
Proposed law retains present law and requires the La. Board of Pharmacy to ensure that no
fewer than four such licenses are granted to minority-owned businesses that would qualify
for designation as minority business enterprises in accordance with present law.
Proposed law stipulates that upon its effective date, if a sufficient number of marijuana
dispensing pharmacy licenses have already been granted so as to preclude the issuance of
the minimum of four licenses required by proposed law, then the La. Board of Pharmacy
shall issue additional licenses above the ten-license limit provided in present law in a
number sufficient to ensure that at least 40% of all such licences are granted to
minority-owned businesses.
Prescription of Medical Marijuana
Present law authorizes physicians in La. to prescribe, rather than recommend, medical
marijuana for therapeutic use by patients clinically diagnosed as suffering from a debilitating
medical condition as defined in present law 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. Proposed law retains present law.
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, and
provides that the number of such licenses granted in the state shall be limited to no more
than ten licensees.
Proposed law retains present law and requires the La. Board of Pharmacy to ensure that no
fewer than four such licenses are granted to minority-owned businesses that would qualify
for designation as minority business enterprises in accordance with present law.
Proposed law stipulates that upon its effective date, if a sufficient number of marijuana
dispensing pharmacy licenses have already been granted so as to preclude the issuance of
the minimum of four licenses required by proposed law, then the La. Board of Pharmacy
shall issue additional licenses above the ten-license limit provided in present law in a
number sufficient to ensure that at least 40% of all such licences are granted to
minority-owned businesses.
Effective Date
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1046(G) and R.S. 40:1046(G) as amended and reenacted by §2 of Act No.
96 of 2016 R.S.)
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