SLS 19RS-239 REENGROSSED
2019 Regular Session
SENATE BILL NO. 61
BY SENATOR BOUDREAUX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AGRICULTURE/FOREST DEPT. Creates the Louisiana Commission on Medicinal Plants.
(gov sig)
1 AN ACT
2 To enact Chapter 24-A of Title 3 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 3:3901 through 3905, and R.S. 36:629(T), relative to medicinal plants; to
4 create the Louisiana Commission on Medicinal Plants; to provide for definitions; to
5 provide for qualifications and membership of the commission; to provide for powers
6 of the commission; to provide for adjudicatory hearings; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Chapter 24-A of Title 3 of the Louisiana Revised Statutes of 1950,
10 comprised of R.S. 3:3901 through 3905, is hereby enacted to read as follows:
11 CHAPTER 24-A. LOUISIANA COMMISSION ON MEDICINAL P LANTS
12 §3901. Definitions
13 As used in this Chapter, the following terms shall have the following
14 meanings:
15 (1) "Chairman" means the chairman of the commission.
16 (2) "Commission" means the Louisiana Commission on Medicinal
17 Plants.
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1 (3) "Commissioner" means the commissioner of agriculture and
2 forestry.
3 (4) "Licensee" means a holder of a license for the production of
4 marijuana for therapeutic use pursuant to R.S. 40:1046(H).
5 §3902. Louisiana Commission on Medicinal Plants; creation and organization
6 A. The Louisiana Commission on Medicinal Plants is hereby created
7 within the Department of Agriculture and Forestry to advise the commissioner
8 on the regulation of medicinal plants to protect the interests, health, safety, and
9 welfare of the citizens of Louisiana. The commission shall be domiciled in Baton
10 Rouge.
11 B. The commission shall consist of eleven members as follows:
12 (1) One patient advocate from the state at large appointed by the
13 commissioner.
14 (2) One member from the state at large appointed by the commissioner.
15 (3) One member appointed by the Louisiana State Board of Medical
16 Examiners.
17 (4) One member appointed by the Louisiana Board of Pharmacy.
18 (5) One member appointed by the Louisiana Sheriffs' Association.
19 (6) One member appointed by the Louisiana District Attorneys
20 Association.
21 (7) The secretary of the Louisiana Department of Health or his designee.
22 (8) The chairman of the Senate Committee on Health and Welfare or his
23 designee who shall be a member of the committee.
24 (9) The chairman of the House Committee on Health and Welfare or his
25 designee who shall be a member of the committee.
26 (10) The chairman of the Senate Committee on Agriculture, Forestry,
27 Aquaculture, and Rural Development or his designee who shall be a member of
28 the committee.
29 (11) The chairman of the House Committee on Agriculture, Forestry,
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1 Aquaculture, and Rural Development or his designee who shall be a member of
2 the committee.
3 C. Each member appointed by the commissioner shall submit to a
4 criminal background check and a Louisiana tax clearance.
5 D. The member appointed by the commissioner from the state at large
6 shall possess the following qualifications at the time of appointment:
7 (1) Is eighteen years of age or older.
8 (2) Has never been convicted of a felony.
9 (3) Does not have and has never had a material financial interest in the
10 medical marijuana industry in the state of Louisiana.
11 (4) Is a citizen of the United States and has been a resident of Louisiana
12 for at least one year immediately prior to appointment.
13 E. Members shall sign a nondisclosure agreement to protect a licensee's
14 proprietary information.
15 F. Members shall be appointed for terms concurrent with the term of the
16 commissioner. Members shall serve until their successors in office are appointed
17 and qualified.
18 G. Vacancies shall be filled in the manner of the original appointment for
19 the unexpired portion of the term.
20 H. A majority of the members of the commission shall constitute a
21 quorum for the transaction of business. All official actions of the commission
22 shall require the affirmative vote of a majority of the members of the
23 commission in attendance.
24 I. The commissioner may appoint an alternate member for each member
25 he appoints. If a member cannot attend a meeting, the alternate member may
26 serve as the member's representative if the member notifies the commission that
27 he is unable to attend and that he wishes the alternate member to serve as his
28 representative. Alternate members shall have voting rights.
29 J. The commission, by a vote of two-thirds of the members, may expel a
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1 member who has accumulated three consecutive unexcused absences from
2 commission meetings.
3 K. Members of the commission shall serve without compensation.
4 L. The commission shall meet upon the call of the chairman or upon the
5 request of any three members. The commission shall meet at least two times per
6 calendar year.
7 §3903. Officers and employees
8 A. The members of the commission shall annually elect a chairman, a
9 vice chairman, and such other officers as they deem necessary from the
10 membership.
11 B. The commissioner may employ a director and an assistant director
12 who shall be in the unclassified service. The commissioner may employ such
13 other personnel of the commission as he deems appropriate. All employees of
14 the commission shall be under the direction and supervision of the
15 commissioner.
16 §3904. Powers
17 The commission shall have the following powers:
18 (1) To advise the commissioner on the qualifications and requirements
19 for the issuance of licenses, certificates, and permits pursuant to R.S.
20 40:1046(H).
21 (2) To hold adjudicatory hearings on alleged violations of the provisions
22 of R.S. 40:1046(H) or of the rules and regulations adopted pursuant to the
23 provisions of R.S. 40:1046(H).
24 (3) To advise the commissioner on the civil penalties to be imposed or the
25 injunctive relief to be sought to punish and restrain violations of the provisions
26 of R.S. 40:1046(H) or of the rules and regulations adopted pursuant to the
27 provisions of R.S. 40:1046(H).
28 (4) To advise the commissioner on rules and regulations promulgated
29 pursuant to R.S. 40:1046(H).
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1 (5) To recommend that the commissioner suspend or revoke licenses,
2 certificates, and permits or impose probation on holders of licenses, certificates,
3 or permits.
4 (6) To hold hearings and conduct investigations.
5 (7) To adopt bylaws for the orderly management of the affairs of the
6 commission.
7 §3905. Adjudicatory hearings
8 All adjudicatory hearings held by the commission shall be conducted as
9 follows:
10 (1) The commissioner shall convene the commission for the purpose of
11 hearing the matter.
12 (2) The commission shall appoint a hearing officer to preside over the
13 hearing.
14 (3) The commission may issue subpoenas to compel the attendance of
15 witnesses or the production of documents and records.
16 (4) The hearing shall be conducted in accordance with the provisions of
17 the Administrative Procedure Act.
18 (5) The commission shall make an initial determination on the matter
19 which shall be submitted to the commissioner in writing.
20 (6) The commissioner shall make the final determination on the matter.
21 If the determination of the commissioner differs from the determination of the
22 commission, the commissioner shall issue a written opinion based upon the
23 record of the hearing.
24 (7) Appeals from rulings of the commissioner shall be taken in
25 accordance with the provisions of the Administrative Procedure Act.
26 Section 2. R.S. 36:629(T) is hereby enacted to read as follows:
27 §629. Transfer of boards, commissions, departments, and agencies to the
28 Department of Agriculture and Forestry
29 * * *
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1 T. The Louisiana Commission on Medicinal Plants (R.S. 3:3901 et seq.)
2 is placed within the Department of Agriculture and Forestry and shall perform
3 and exercise its powers, duties, functions, and responsibilities as provided by
4 law.
5 Section 3. This Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
The original instrument was prepared by Curry J. Lann. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Tammy Crain-Waldrop.
DIGEST
SB 61 Reengrossed 2019 Regular Session Boudreaux
Proposed law creates the Louisiana Commission on Medicinal Plants within the Dept. of
Agriculture and Forestry for the purpose of advising the commissioner on the regulation of
medicinal plants to protect the interests, health, safety, and welfare of the citizens of
Louisiana.
Proposed law provides for the following definitions:
(1)"Chairman" means the chairman of the commission.
(2)"Commission" means the La. Commission on Medicinal Plants.
(3)"Commissioner" means the commissioner of agriculture and forestry.
(4)"Licensee" means a holder of a license for the production of marijuana for
therapeutic use pursuant to R.S. 40:1046(H).
Proposed law provides for the membership of the commission, comprised of eleven
members, as follows:
(1)One patient advocate from the state at large appointed by the commissioner.
(2)One member from the state at large appointed by the commissioner.
(3)One member appointed by the La. State Board of Medical Examiners.
(4)One member appointed by the La. Board of Pharmacy.
(5)One member appointed by the La. Sheriffs' Association.
(6)One member appointed by the La. District Attorneys Association.
(7)The secretary of the La. Department of Health or his designee.
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(8) The chairman of the Senate Committee on Health and Welfare or his designee.
(9) The chairman of the House Committee on Health and Welfare or his designee.
(10) The chairman of the Senate Committee on Agriculture, Forestry, Aquaculture, and
Rural Development or his designee.
(11) The chairman of the House Committee on Agriculture, Forestry, Aquaculture, and
Rural Development or his designee.
Proposed law requires each member appointed by the commissioner to submit to a criminal
background check and a Louisiana tax clearance.
Proposed law requires the member appointed by the commissioner from the state at large to
possess the following qualifications at the time of appointment:
(1)Is eighteen years of age or older.
(2)Has never been convicted of a felony.
(3)Does not have and has never had a material financial interest in the medical
marijuana industry in Louisiana.
(4)Is a citizen of the U.S. and has been a resident of Louisiana for at least one year
immediately prior to appointment.
Proposed law requires members to sign a nondisclosure agreement to protect a licensee's
proprietary information.
Proposed law requires members to serve terms concurrent with the commissioner and
vacancies to be filled in the same manner as the original appointments.
Proposed law prohibits members of the commission from receiving any compensation.
Proposed law requires the commission to meet upon the call of the chairman or upon the
request of any three members. The commission shall meet at least two times per calendar
year.
Proposed law requires the members of the commission to annually elect a chairman and vice
chairman, and such other officers as they deem necessary.
Proposed law authorizes the commissioner to employ a director and an assistant director in
the unclassified service.
Present law (R.S. 40:1046(H)) authorizes the Dept. of Agriculture and Forestry to develop
rules and regulations regarding the extraction, processing, and production of recommended
therapeutic marijuana and the facility producing therapeutic marijuana and grant licenses for
the production of recommended marijuana for therapeutic use.
Proposed law retains present law.
Proposed law provides the commission with the following powers:
(1)To advise the commissioner on the qualifications and requirements for the issuance
of licenses, certificates, and permits pursuant to R.S. 40:1046(H).
(2)To hold adjudicatory hearings on alleged violations of the provisions of R.S.
40:1046(H) or of the rules and regulations adopted pursuant to the provisions of R.S.
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40:1046(H).
(3)To advise the commissioner on the civil penalties to be imposed or the injunctive
relief to be sought to punish and restrain violations of the provisions of R.S.
40:1046(H) or of the rules and regulations adopted pursuant to the provisions of R.S.
40:1046(H).
(4)To advise the commissioner on rules and regulations promulgated pursuant to R.S.
40:1046(H).
(5)To recommend that the commissioner suspend or revoke licenses, certificates, and
permits or impose probation on holders of licenses, certificates, or permits.
(6)To hold hearings and conduct investigations.
(7)To adopt bylaws for the orderly management of the affairs of the commission.
Proposed law requires all adjudicatory hearings convened by the commissioner to be
conducted in accordance with the provisions of the APA.
Proposed law authorizes the commission to issue subpoenas and make an initial
determination on all matters.
Proposed law requires the commissioner to make the final determination on all matters and
issue a written opinion if his determination differs from the initial determination of the
commission.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 3:3901-3905 and R.S. 36:629(T))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill
1. Changes the commission member appointed by the commissioner from a
farmer to a patient-advocate.
2. Removes all provisions relative to the commission's authority over hemp
plants.
3. Provides for technical corrections.
Senate Floor Amendments to engrossed bill
1. Adds to two members from the Senate and two members from the House to
serve on the commission.
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