HLS 21RS-3284 ORIGINAL
2021 Regular Session
HOUSE RESOLUTION NO. 113
BY REPRESENTATIVE MARINO
MEDICAL MARIJUANA: Creates a special commission to study and make
recommendations concerning medical marijuana laws and regulations
1 A RESOLUTION
2To create a special legislative commission to study the laws and regulations of this state
3 pertaining to cultivation, extraction, pharmaceutical and therapeutic use, distribution,
4 and researching of marijuana; to evaluate and identify best practices and regulatory
5 improvements to effectuate the recent legislative expansion of Louisiana's medical
6 marijuana program; and to report findings and recommendations concerning these
7 matters to the Speaker of the House of Representatives of the Legislature of
8 Louisiana.
9 WHEREAS, though medical marijuana did not become available to patients in
10Louisiana until 2019, the therapeutic use of marijuana in this state was originally authorized
11through Act No. 725 of the 1978 Regular Session of the legislature; and
12 WHEREAS, the legislature subsequently enacted Act No. 874 of the 1991 Regular
13Session and Act No. 261 of the 2015 Regular Session, the Alison Neustrom Act, in efforts
14to facilitate access by patients to medical marijuana; and
15 WHEREAS, the 2015 legislation established the Louisiana Board of Pharmacy as the
16regulatory authority for the dispensing of recommended marijuana for therapeutic use for
17treating conditions such as glaucoma, cancer, and spastic quadriplegia; and
18 WHEREAS, this legislation also established the Louisiana Department of Agriculture
19and Forestry as the regulatory authority for the cultivation and production of medical
20marijuana; and
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1 WHEREAS, in 2018, the legislature enacted several laws expanding the statutorily
2provided list of conditions qualifying patients for treatment with medical marijuana, adding
3post-traumatic stress disorder, autism, and chronic pain as qualifying conditions; and
4 WHEREAS, Act No. 286 of the 2020 Regular Session dramatically expanded the
5authorization for use of medical marijuana by adding to the statutory list of qualifying
6conditions Alzheimer's disease, amyotrophic lateral sclerosis, Huntington's disease, Lewy
7body dementia, motor neuron disease, Parkinson's disease, spinal muscular atrophy,
8traumatic brain injury, concussion, chronic pain associated with fibromyalgia, chronic pain
9associated with sickle cell disease, and, most significantly, any condition not otherwise
10specified in the state's medical marijuana law, R.S. 40:1046, that a physician, in his medical
11opinion, considers debilitating to an individual patient and is qualified through his medical
12education and training to treat; and
13 WHEREAS, over the past several years, the set of authorized forms of medical
14marijuana in this state has also been expanded to include metered dose inhalers, oils,
15extracts, tinctures, sprays, capsules, pills, solutions, suspension, gelatin-based chewables,
16lotions, transdermal patches, and suppositories; and
17 WHEREAS, as of the date of filing of this Resolution, a bill is pending in the
18legislature to repeal the prohibition on therapeutic use of marijuana in raw or crude form and
19thereby permit a smokeable form of medical marijuana; this bill, House Bill No. 391 of the
202021 Regular Session, achieved final passage in the House with over a two-thirds majority
21in this chamber voting yea on the measure; and
22 WHEREAS, with the significant expansion of permitted uses, access to physician
23recommendations, and methods of delivery of medical marijuana for patients, a careful
24review and study by policymakers of the laws and regulations on cultivation, production, and
25distribution of medical marijuana could lead to improved patient access and enhanced
26opportunities for public and private research and development institutions to study and
27improve this treatment; and
28 WHEREAS, such a study effort could also identify means by which public and
29private institutions in Louisiana such as universities, health systems, bioscience centers,
30research and development entities, political subdivisions, and economic development
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1organizations can meaningfully participate in research and development related to
2therapeutic marijuana, thereby resulting in new investments and jobs in this state.
3 THEREFORE, BE IT RESOLVED that the House of Representatives of the
4Legislature of Louisiana does hereby create a special legislative commission to study the
5laws and regulations of this state pertaining to cultivation, extraction, pharmaceutical and
6therapeutic use, distribution, and researching of marijuana.
7 BE IT FURTHER RESOLVED that the special commission shall be composed of
8the following members:
9 (1) The chairman of the House Committee on Agriculture, Forestry, Aquaculture,
10and Rural Development.
11 (2) One member of the House Committee on Agriculture, Forestry, Aquaculture, and
12Rural Development appointed by the speaker of the House of Representatives.
13 (3) Two members of the House Committee on Health and Welfare appointed by the
14speaker of the House of Representatives.
15 (4) Two members of the House Committee on Administration of Criminal Justice
16appointed by the speaker of the House of Representatives.
17 (5) The speaker of the House of Representatives or his designee.
18 BE IT FURTHER RESOLVED that the special commission shall do all of the
19following:
20 (1) Determine whether the current regulatory structure of this state allows for
21patients to timely receive physician-recommended medical marijuana in a manner that is
22consistent with best medical care and practice.
23 (2) Produce estimates of patient care needs based on the expansion of Louisiana's
24medical marijuana program over the past six years and identify regulations that require
25reform as a result of this expansion.
26 (3) Evaluate whether issues with availability of marijuana for therapeutic use have
27occurred over the prior one-year period and determine if any regulatory reforms can address
28those issues and ensure that medical marijuana will be available on a reliable basis.
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1 (4) Evaluate Louisiana's current cost structure for medical marijuana compared to
2that of other markets and evaluate whether any regulatory reform can decrease the cost of
3medical marijuana to Louisiana patients.
4 (5) Identify best practices, economic models, and analogous state programs to
5determine whether regulatory reforms are necessary with respect to the number of
6cultivators, extractors, pharmacies, and dispensers.
7 (6) Identify whether regulatory reforms could assist in encouraging investment by
8public and private entities such as universities, health systems, bioscience centers, research
9and development entities, political subdivisions, and economic development organizations
10in research and development of therapeutic marijuana.
11 (7) Recommend any necessary reforms in policies and regulations to be
12implemented by the Louisiana Board of Pharmacy, the Louisiana Department of Agriculture
13and Forestry, and any other state agency, board, or commission to advance patient care and
14to promote research and development of medical marijuana.
15 BE IT FURTHER RESOLVED that the Louisiana Department of Health, Louisiana
16Department of Agriculture and Forestry, Louisiana Board of Pharmacy, Department of
17Economic Development, Louisiana Department of Revenue, and legislative auditor shall
18provide any necessary support to carry out the purposes of this Resolution.
19 BE IT FURTHER RESOLVED that the special commission shall convene no later
20than September 1, 2021, and shall report its findings and recommendations to the Speaker
21of the House no later than February 1, 2022.
22 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
23secretary of the Louisiana Department of Health, the commissioner of agriculture, the
24executive director of the Louisiana Board of Pharmacy, the secretary of the Department of
25Economic Development, the secretary of the Louisiana Department of Revenue, and the
26legislative auditor.
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HR NO. 113
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)]
HR 113 Original 2021 Regular Session Marino
Creates a special legislative commission to study the laws and regulations of this state
pertaining to cultivation, extraction, pharmaceutical and therapeutic use, distribution, and
researching of marijuana.
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