SLS 20RS-531 ORIGINAL
2020 Regular Session
SENATE BILL NO. 339
BY SENATOR WARD
PHYSICIANS. Provides for the therapeutic use of marijuana. (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 40:1046(A)(1), (3), and (4) and to repeal R.S. 40:1046(B),
3 relative to marijuana for therapeutic use; to provide for physician requirements; to
4 provide for definitions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:1046(A)(1), (3), and (4) are hereby amended and reenacted to
7 read as follows:
8 ยง1046. Recommendation of marijuana for therapeutic use; rules and regulations;
9 Louisiana Board of Pharmacy and the adoption of rules and
10 regulations relating to the dispensing of recommended marijuana for
11 therapeutic use; the Department of Agriculture and Forestry and the
12 licensure of a production facility
13 A.(1) Notwithstanding any other provision of this Part, a any physician
14 licensed by to practice medicine and in good standing with the Louisiana State
15 Board of Medical Examiners to practice medicine in this state may recommend, in
16 any form as permitted by the rules and regulations of the Louisiana Board of
17 Pharmacy except for inhalation, and raw or crude marijuana, tetrahydrocannabinols
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 339
SLS 20RS-531 ORIGINAL
1 or a chemical derivative of tetrahydrocannabinols for therapeutic use by any patient
2 clinically diagnosed as suffering from a debilitating medical condition. Nothing in
3 this Paragraph shall be construed to prevent the Louisiana Board of Pharmacy from
4 permitting, by rule, medical marijuana in a form to be administered by metered-dose
5 inhaler. For purposes of this Section, "metered-dose inhaler" means a device that
6 delivers a specific amount of medication to the lungs, in the form of a short burst of
7 medicine that is usually self-administered by the patient via inhalation.
8 * * *
9 (3) For purposes of this Part, "recommend" or "recommended" means an
10 order from a physician licensed by and in good standing with the Louisiana State
11 Board of Medical Examiners and authorized by the board to recommend medical
12 marijuana that is patient-specific and disease-specific in accordance with Paragraph
13 (2) of this Subsection, and is communicated by any means allowed by the Louisiana
14 Board of Pharmacy to a Louisiana-licensed pharmacist in a Louisiana-permitted
15 dispensing pharmacy as described in Subsection G of this Section, and is preserved
16 on file as required by Louisiana law or federal law regarding medical marijuana
17 opinion of any physician licensed to practice medicine in Louisiana, provided
18 within a bona-fide doctor patient relationship, that in a doctor's sincere medical
19 judgment therapeutic cannabis may be helpful to the patient's condition and is
20 communicated by any means allowed by the Louisiana State Board of
21 Pharmacy.
22 (4) A Any physician licensed to practice medicine in Louisiana may
23 recommend medical marijuana to any patient suffering from a debilitating medical
24 condition with whom he shares a bona fide doctor-patient relationship and shall
25 recommend use of medical marijuana for treatment of debilitating medical
26 conditions in accordance with rules and regulations promulgated by the Louisiana
27 State Board of Medical Examiners.
28 * * *
29 Section 2. R.S. 40:1046(B) is hereby repealed.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 339
SLS 20RS-531 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler
DIGEST
SB 339 Original 2020 Regular Session Ward
Present law authorizes a physician licensed and in good standing with the La. State Board
of Medical Examiners to recommend, except for inhalation and raw or crude marijuana,
tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinols for therapeutic use
by any patient clinically diagnosed as suffering from a debilitating medical condition.
Provides that present law not be construed to prevent the Louisiana Board of Pharmacy from
permitting, by rule, medical marijuana in a form to be administered by metered-dose inhaler,
which is a device delivering 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 but clarifies that the physician be licensed to practice
medicine.
Present law provides that "recommend" or "recommended" is order from a physician
licensed by and in good standing with Board authorized to recommend medical marijuana
that is patient-specific and disease-specific that is a debilitating medical condition and is
communicated by any means allowed by the La. Board of Pharmacy to a Louisiana-licensed
pharmacist in a Louisiana-permitted dispensing pharmacy and is preserved on file as
required by law.
Proposed law provides that "recommend" or "recommended" is an opinion of any physician
licensed to practice medicine in the state, provided within a bona-fide doctor patient
relationship, that in a doctor's sincere medical judgment therapeutic cannabis may be helpful
to the patient's condition and is communicated by any means allowed by the pharmacy
board.
Present law authorizes a physician licensed to practice medicine in this state to recommend
medical marijuana to any patient suffering from a debilitating medical condition with whom
he shares a bona fide doctor-patient relationship and requires that he recommend treatment
in accordance with rules and regulations promulgated by the board of medical examiners.
Proposed law retains the present law but removes the requirement that treatment be in
accordance with rules promulgated by the board of medical examiners.
Proposed law repeals the requirement for the board of medical examiners to promulgate
rules authorizing physicians to recommend marijuana for therapeutic use and the
requirement that describes a physician's authority to prescribe as a "recommended" use of
therapeutic marijuana.
Effective August 1, 2020.
(Amends R.S. 40:1046(A)(1), (3), and (4); repeals R.S. 40:1046(B)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.