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