HLS 20RS-792 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 385
BY REPRESENTATIVE JAMES
MEDICAL MARIJUANA: Repeals the prohibition on medical marijuana in raw or crude
form
1 AN ACT
2To amend and reenact R.S. 40:1046(A)(1), relative to medical marijuana; to provide for the
3 consumption of raw or crude marijuana; to provide for the inhalation of marijuana;
4 and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:1046(A)(1) is hereby amended to read as follows:
7 ยง1046. Recommendation and dispensing of marijuana for therapeutic use; rules and
8 regulations; of the Louisiana State Board of Medical Examiners and
9 Louisiana Board of Pharmacy; and the adoption of rules and regulations
10 relating to the dispensing of recommended marijuana for therapeutic use; the
11 Department of Agriculture and Forestry and the licensure of a production
12 facility licensing by the Department of Agriculture and Forestry
13 A.(1) Notwithstanding any other provision of this Part, a physician licensed
14 by and in good standing with the Louisiana State Board of Medical Examiners to
15 practice medicine in this state may recommend, in any form as permitted by the rules
16 and regulations of the Louisiana Board of Pharmacy, except for inhalation, and raw
17 or crude marijuana, tetrahydrocannabinols or a chemical derivative of
18 tetrahydrocannabinols for therapeutic use by any patient clinically diagnosed as
19 suffering from a debilitating medical condition. Nothing in this Paragraph shall be
20 construed to prevent the Louisiana Board of Pharmacy from permitting, by rule,
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-792 ORIGINAL
HB NO. 385
1 medical marijuana in a form to be administered by metered-dose inhaler. For
2 purposes of this Section, "metered-dose inhaler" means a any device that delivers a
3 any specific amount of medication to the lungs, in the form of a short burst of
4 medicine that is usually self-administered by the patient via inhalation.
5 * * *
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 385 Original 2020 Regular Session James
Abstract: Removes the prohibition on medical marijuana for inhalation and raw or crude
marijuana.
Present law provides that a physician who is in good standing with the La. State Board of
Medical Examiners to practice medicine may recommend tetrahydrocannabinols or a
chemical derivative of tetrahydrocannabinols for therapeutic use except for inhalation and
raw or crude marijuana.
Proposed law deletes present law and removes inhalation and raw or crude marijuana as a
prohibition to use tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinols
for therapeutic use for a patient clinically diagnosed as suffering from a debilitating medical
condition.
Present law provides that present law should not prevent the La. Board of Pharmacy from
permitting medical marijuana in a form to be administered by metered-dose inhaler. Further
provides that a "metered-dose inhaler" means a device that delivers a specific amount of
medication to the lungs in the form of a short burst of medicine that is usually self-
administered by the patient via inhalation.
Proposed law retains present law to provide that a "metered-dose inhaler" means any device
that delivers any specific amount of medication to the lungs.
(Amends R.S. 40:1046(A)(1))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.