HLS 22RS-296 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 135
BY REPRESENTATIVE MARINO
MEDICAL MARIJUANA: Authorizes dispensing of medical marijuana to certain
qualifying patients who are not Louisiana residents
1 AN ACT
2To enact R.S. 40:1046.1, relative to dispensing of medical marijuana; to provide relative to
3 pharmacies licensed by the Louisiana Board of Pharmacy to dispense medical
4 marijuana, known commonly as marijuana pharmacies; to authorize dispensing of
5 medical marijuana to certain persons who are not Louisiana residents or are short-
6 term residents of this state; to establish qualifications necessary for such persons to
7 receive medical marijuana in this state; to establish duties of marijuana pharmacies
8 with respect to such dispensing; to prohibit the dispensing of medical marijuana in
9 certain instances; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 40:1046.1 is hereby enacted to read as follows:
12 ยง1046.1. Dispensing of marijuana for therapeutic use to visiting qualifying patients
13 A. As used in this Section, the following terms have the meaning ascribed
14 in this Subsection:
15 (1) "Board" means the Louisiana Board of Pharmacy.
16 (2) "Debilitating medical condition" has the meaning ascribed in R.S.
17 40:1046(A)(2)(a).
18 (3) "Marijuana pharmacy" means a pharmacy that holds a specialty license
19 to dispense medical marijuana issued pursuant to R.S. 40:1046(G).
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HB NO. 135
1 (4) "Medical marijuana" means marijuana for therapeutic use produced
2 pursuant to the provisions of R.S. 40:1046(H).
3 (5) "Prescription monitoring program" means the electronic system for the
4 monitoring of controlled substances and drugs of concern established in R.S.
5 40:1004.
6 (6) "Visiting qualifying patient" means a patient with a debilitating medical
7 condition who is not a resident of Louisiana or who has been a resident of Louisiana
8 for less than thirty days and who is in actual possession of a valid medical marijuana
9 registry identification card, or its equivalent, which has been issued under the
10 medical marijuana laws of another state, district, territory, commonwealth, or insular
11 possession of the United States.
12 B. A visiting qualifying patient may obtain medical marijuana from a
13 marijuana pharmacy upon producing evidence of his valid medical marijuana
14 registry identification card, or its equivalent, which has been issued under the
15 medical marijuana laws of another state, district, territory, commonwealth, or insular
16 possession of the United States.
17 C.(1) A marijuana pharmacy shall require each visiting qualifying patient to
18 certify on a form approved by the board that he has been diagnosed by a licensed
19 physician with one or more debilitating medical conditions. The form shall include
20 the full name, address, and phone number of the visiting qualifying patient and shall
21 include a statement to be signed by the patient by which he shall attest that he will
22 not divert to any person any medical marijuana dispensed to him by the marijuana
23 pharmacy.
24 (2)(a) A marijuana pharmacy shall retain a copy of each of the following
25 documents received from a visiting qualifying patient:
26 (i) The patient's valid medical marijuana registry identification card or its
27 equivalent.
28 (ii) The patient's valid driver's license or other government-issued photo
29 identification document.
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HB NO. 135
1 (iii) The original, completed, and signed form provided for in Paragraph (1)
2 of this Subsection.
3 (b) The board shall promulgate in accordance with the Administrative
4 Procedure Act a record retention schedule for marijuana pharmacies which applies
5 to the documents identified in this Paragraph.
6 D. Prior to dispensing any medical marijuana product to a visiting qualifying
7 patient, a dispensing pharmacist at a marijuana pharmacy shall review the patient's
8 records in the prescription monitoring program. The pharmacist shall resolve any
9 concerns identified in the review of the patient's prescription monitoring program
10 records by consultation with the patient's physician.
11 E.(1) Upon dispensing any medical marijuana product to a visiting
12 qualifying patient, the dispensing pharmacist at a marijuana pharmacy shall report
13 that transaction to the prescription monitoring program in conformance with program
14 rules governing dispensing of controlled substances to Louisiana-resident patients
15 and as required by any rules of the board that apply to marijuana pharmacies.
16 (2) The dispensing pharmacist at a marijuana pharmacy shall perform a
17 prospective drug utilization review for each visiting qualifying patient and shall
18 counsel each such patient every time medical marijuana is dispensed to the patient
19 in conformance with rules of the board governing dispensing of controlled
20 substances to Louisiana-resident patients and in compliance with applicable rules of
21 the board on drug utilization review and patient counseling.
22 F. No marijuana pharmacy shall dispense medical marijuana to a person who
23 holds himself out to be a visiting qualifying patient if the dispensing pharmacist at
24 the pharmacy determines any of the following with respect to that person:
25 (1) The person's medical marijuana registry identification card was revoked,
26 has expired, or is otherwise not valid and current.
27 (2) The person's medical marijuana registry identification card was
28 fraudulently obtained.
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HB NO. 135
1 (3) The person's application or written certifications were falsified in any
2 way.
3 (4) The person knowingly violated any law of this state applicable to medical
4 marijuana.
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 135 Engrossed 2022 Regular Session Marino
Abstract: Authorizes dispensing of medical marijuana by Louisiana-licensed marijuana
pharmacies to certain qualifying patients who are not Louisiana residents.
Proposed law defines "visiting qualifying patient", for purposes of proposed law, as a patient
with a debilitating medical condition who is not a resident of La. or who has been a resident
of this state for less than 30 days and who is in actual possession of a valid medical
marijuana registry identification card, or its equivalent, issued under the medical marijuana
laws of another state, district, territory, commonwealth, or insular possession of the U.S.
Proposed law authorizes a visiting qualifying patient to obtain medical marijuana from a
Louisiana-licensed marijuana pharmacy upon producing evidence of his valid medical
marijuana registry identification card, or its equivalent, issued under the medical marijuana
laws of another state, district, territory, commonwealth, or insular possession of the U.S.
Proposed law requires marijuana pharmacies to have each visiting qualifying patient certify,
on a form approved by the La. Board of Pharmacy (board), that he has been diagnosed by
a licensed physician with one or more conditions that meet the definition of "debilitating
medical condition" in present law relative to medical marijuana. Requires that the patient
also attest on the form that he will not divert to any person any medical marijuana dispensed
to him by the marijuana pharmacy.
Proposed law requires marijuana pharmacies to retain a copy of each of the following
documents received from a visiting qualifying patient:
(1)The patient's valid medical marijuana registry identification card or its equivalent.
(2)The patient's valid driver's license or other government-issued photo identification
document.
(3)The original, completed, and signed certification and attestation form required by
proposed law.
Proposed law requires that prior to dispensing any medical marijuana product to a visiting
qualifying patient, a dispensing pharmacist at a marijuana pharmacy shall review the
patient's records in the state prescription monitoring program (PMP) provided for in present
law. Requires that the pharmacist resolve any concerns identified in the review of the
patient's PMP records by consultation with the patient's physician.
Proposed law provides that upon dispensing any medical marijuana product to a visiting
qualifying patient, the dispensing pharmacist at a marijuana pharmacy shall report that
transaction to the PMP in conformance with program rules governing dispensing of
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HB NO. 135
controlled substances and as required by any rules of the board that apply to marijuana
pharmacies.
Proposed law requires dispensing pharmacists at marijuana pharmacies to perform a
prospective drug utilization review for each visiting qualifying patient and counsel each such
patient every time medical marijuana is dispensed to the patient in conformance with rules
of the board governing dispensing of controlled substances and in compliance with
applicable rules of the board on drug utilization review and patient counseling.
Proposed law prohibits a marijuana pharmacy from dispensing medical marijuana to a
person who holds himself out to be a visiting qualifying patient if the dispensing pharmacist
at the pharmacy determines any of the following with respect to that person:
(1)The person's medical marijuana registry identification card was revoked, has expired,
or is otherwise not valid and current.
(2)The person's medical marijuana registry identification card was fraudulently
obtained.
(3)The person's application or written certifications were falsified in any way.
(4)The person knowingly violated any provision of present law applicable to medical
marijuana.
(Adds R.S. 40:1046.1)
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