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.
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 ยง2 of Act No. 96 of
2016 R.S.)