The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Curry Lann.
DIGEST
SB 61 Original 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 seven members, as
follows:
(1)One farmer 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.
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 or
hemp 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. 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.
(8)Should it become legal to grow hemp plants as an agricultural crop in Louisiana, the
commission shall:
(a)Advise the commissioner on the qualifications and requirements for the issuance of
licenses, certificates, and permits.
(b)Hold adjudicatory hearings on alleged violations and advise the commissioner on
civil penalties to be imposed or the injunctive relief to be sought to punish and
restrain violations.
(c)Advise the commissioner on rules and regulations within his authority.
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.
(Amends R.S. 36:802(intro para); adds R.S. 3:3901-3905 and R.S. 36:629(T))