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 244 Original 2020 Regular Session Lyons
Abstract: Provides relative to permitting of marijuana pharmacies by the La. Board of Pharmacy,
creates the Medical Marijuana Affordable Access Council, and authorizes the regulation of
medical marijuana prices.
Present law authorizes physicians who are licensed by and in good standing with the La. State Board
of Medical Examiners to recommend medical marijuana for therapeutic use, commonly known as
medical marijuana, by patients clinically diagnosed as suffering from a debilitating medical
condition. Defines "debilitating medical condition" to mean cancer, glaucoma, Parkinson's disease,
positive status for human immunodeficiency virus, acquired immune deficiency syndrome, cachexia
or wasting syndrome, seizure disorders, epilepsy, spasticity, severe muscle spasms, intractable pain,
Crohn's disease, muscular dystrophy, multiple sclerosis, post traumatic stress disorder, and certain
conditions associated with autism spectrum disorder. 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 medical marijuana. Limits the number of such licenses to no
more than 10. Requires the board to develop rules and regulations regarding the geographical
locations of such pharmacies.
Proposed law revises present law to require instead that the La. Board of Pharmacy develop an
annual, nontransferable special permit for a licensed pharmacy to dispense medical marijuana.
Requires the board to limit the number of these permits such that no more than two pharmacies per
La. zip code are permitted to dispense medical marijuana.
Proposed law creates the Medical Marijuana Affordable Access Council, referred to hereafter as the
"council". Provides that the council shall be composed of the following 13 members:
(1)The president of the La. Board of Pharmacy or his designee.
(2)The president of the La. State Board of Medical Examiners or his designee.
(3)The commissioner of agriculture or his designee.
(4)One member representing the Louisiana State University Agricultural Center appointed by
the dean of the college of agriculture of the university.
(5)One member representing the Southern University Agricultural Center appointed by the chancellor-dean of the center.
(6)Two licensed physicians who are properly registered to issue recommendations for the use
of medical marijuana appointed by the president of the La. State Medical Society.
(7)One person with a debilitating medical condition, as defined in present law relative to
medical marijuana (R.S. 40:1046(A)), appointed by the speaker of the House of
Representatives.
(8)One person with a debilitating medical condition, as defined in present law relative to
medical marijuana (R.S. 40:1046(A)), appointed by the president of the Senate.
(9)Four members representing the Louisiana Cannabis Coalition appointed by the governor.
Proposed law requires the La. Board of Pharmacy to convene the initial meeting of the council as
soon as is practicable after all council members have been appointed, and to fix a time and place for
regular meetings of the council. Provides that the council shall meet at least quarterly.
Proposed law provides for terms of council members and filling of vacancies on the council.
Proposed law prohibits council members from receiving a salary for their service on the council.
Provides, however, that council members shall be reimbursed for travel and other expenses incurred
in the performance of their duties in accordance with travel regulations of the division of
administration.
Proposed law provides that primary function of the council shall be to recommend to the La. Board
of Pharmacy a maximum price to consumers for each of the various forms and types of marijuana
for therapeutic use available to patients pursuant to present law. Requires that in formulating its
price recommendations, the council shall consider, at minimum, all of the following:
(1)The range of prices that would be affordable to low- to moderate-income patients to whom
such marijuana is recommended in this state.
(2)Costs of production of marijuana for therapeutic use.
(3)Profitability of pharmacies permitted to dispense marijuana for therapeutic use.
Proposed law requires the La. Board of Pharmacy to regulate the prices that pharmacies charge to
consumers for medical marijuana by promulgating and enforcing the price limits recommended to
the board by the council in accordance with proposed law.
(Amends R.S. 40:1046(G); Adds R.S. 36:259(B)(37) and R.S. 40:1048)