ENROLLED
ACT No. 424
2021 Regular Session
HOUSE BILL NO. 391
BY REPRESENTATIVES MAGEE, BRYANT, GARY CARTER, WILFORD CARTER,
COX, DUPLESSIS, FREEMAN, GREEN, HUGHES, JAMES, TRAVIS JOHNSON,
LANDRY, LARVADAIN, LYONS, MARCELLE, MARINO, NELSON, NEWELL,
PIERRE, SELDERS, AND WILLARD
1 AN ACT
2 To amend and reenact R.S. 40:1046(A)(1) and (C)(2)(e) and to enact R.S. 40:1046(A)(5)
3 and (C)(2)(l), relative to recommendation by physicians of marijuana for therapeutic
4 use, known also as medical marijuana; to provide for forms of medical marijuana
5 which a physician may recommend; to establish limitations on dispensing of certain
6 forms of medical marijuana; to provide for rules and regulations of the Louisiana
7 Board of Pharmacy relative to medical marijuana; to provide for an effective date;
8 and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:1046(A)(1) and (C)(2)(e) are hereby amended and reenacted and
11 R.S. 40:1046(A)(5) and (C)(2)(l) are hereby enacted to read as follows:
12 ยง1046. Recommendation and dispensing of marijuana for therapeutic use; rules and
13 regulations of the Louisiana State Board of Medical Examiners and
14 Louisiana Board of Pharmacy; production facility licensing by the
15 Department of Agriculture and Forestry
16 A.(1) Notwithstanding any other provision of this Part, any physician
17 licensed by and in good standing with the Louisiana State Board of Medical
18 Examiners to practice medicine in this state may recommend, in any form as
19 permitted by the rules and regulations of the Louisiana Board of Pharmacy, except
20 for inhalation, and raw or crude marijuana, tetrahydrocannabinols, or a chemical
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1 derivative of tetrahydrocannabinols for therapeutic use by any patient clinically
2 diagnosed as suffering from a debilitating medical condition. Nothing in this
3 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 (5)(a) No pharmacy authorized to dispense marijuana for therapeutic use in
10 accordance with the provisions of this Section shall dispense more than two and one-
11 half ounces, or seventy-one grams, of raw or crude marijuana every fourteen days
12 to any individual patient.
13 (b) No pharmacy authorized to dispense marijuana for therapeutic use in
14 accordance with the provisions of this Section shall dispense raw or crude marijuana
15 to any person under twenty-one years of age without a recommendation from a
16 physician specifically recommending marijuana in raw or crude form for that person.
17 * * *
18 C.
19 * * *
20 (2) The rules shall include but not be limited to:
21 * * *
22 (e) The establishment of standards, procedures, and protocols to ensure that
23 all recommended therapeutic marijuana dispensed, except for raw or crude
24 marijuana, is consistently pharmaceutical grade.
25 * * *
26 (l) The limitations on dispensing of raw or crude marijuana as provided in
27 Paragraph (A)(5) of this Section.
28 * * *
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1 Section 2. This Act shall become effective on January 1, 2022.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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