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 Engrossed 2018 Regular Session Hunter
Abstract: Provides relative to specialty pharmacy licenses for marijuana dispensing pharmacies.
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, referred to hereafter as the "board", 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 repeals present law limiting the number of such licenses
to ten.
Proposed law stipulates that no person shall be eligible for a marijuana dispensing pharmacy license
unless he is a board-licensed pharmacist.
Proposed law requires the board to establish financial stability requirements for each entity awarded
a marijuana dispensing pharmacy license.
Proposed law requires the board to report to the legislative committees on health and welfare
annually all of the following information:
(1)The total number of applications for marijuana dispensing pharmacy licenses.
(2)The number of applications for marijuana dispensing pharmacy licenses approved by the
board.
(3)The number of applications for marijuana dispensing pharmacy licenses denied by the board.
(4)Demographic information concerning applicants including but not limited to age and race.
Proposed law stipulates that no person who holds a marijuana dispensing pharmacy license upon the
effective date of proposed law shall be eligible to renew such license unless the majority stake of the
marijuana dispensing pharmacy that he operates is owned by a board-licensed pharmacist. 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.)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Provide all of the following with respect to present law and proposed law relative to
recommendation of marijuana for therapeutic use:
a. Delete present law limiting to ten the number of marijuana dispensing pharmacy
licenses available from the La. Board of Pharmacy, referred to hereafter as the
"board".
b. Delete proposed law requiring the board to ensure that a certain proportion of
marijuana dispensing pharmacy licenses are granted to minority-owned business
enterprises. c. Stipulate that no person shall be eligible for a marijuana dispensing pharmacy
license unless he is a board-licensed pharmacist.
d. Require the board to establish financial stability requirements for each entity
awarded a marijuana dispensing pharmacy license.
e. Require the board to report to the legislative committees on health and welfare
annually all of the following information:
(i)The total number of applications for marijuana dispensing pharmacy
licenses.
(ii)The number of applications for marijuana dispensing pharmacy licenses
approved by the board.
(iii)The number of applications for marijuana dispensing pharmacy licenses
denied by the board.
(iv)Demographic information concerning applicants including but not limited
to age and race.
f. Stipulate that no person who holds a marijuana dispensing pharmacy license upon
the effective date of proposed law shall be eligible to renew such license unless
the majority stake of the marijuana dispensing pharmacy that he operates is
owned by a board-licensed pharmacist.