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 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)