HLS 22RS-470 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 137
BY REPRESENTATIVE MARINO
CONTROLLED SUBSTANCES: Provides relative to immunity from prosecution for
medical marijuana
1 AN ACT
2To amend and reenact R.S. 40:966(F)(1), relative to immunity from prosecution for medical
3 marijuana; to provide that visiting qualifying patients shall be exempt from
4 prosecution for certain violations of the Uniform Controlled Dangerous Substances
5 Law; to provide for an effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:966(F)(1) is hereby amended and reenacted to read as follows:
8 ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs
9 listed in Schedule I; possession of marijuana, synthetic cannabinoids, and
10 heroin
11 * * *
12 F. Immunity from prosecution. (1) Any person who is a patient of the
13 state-sponsored medical marijuana program in Louisiana, and possesses medical
14 marijuana in a form permissible under R.S. 40:1046 for a condition enumerated
15 therein, a caregiver as defined in R.S. 15:1503, or any person who is a domiciliary
16 parent of a minor child who possesses medical marijuana on behalf of his minor
17 child in a form permissible under R.S. 40:1046 for a condition enumerated therein
18 pursuant to a legitimate medical marijuana prescription or recommendation issued
19 by a physician licensed by and in good standing with the Louisiana State Board of
20 Medical Examiners, or any visiting qualifying patient as defined in R.S. 40:1046.1
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-470 ENGROSSED
HB NO. 137
1 shall be exempt from the provisions of this Section. This Paragraph shall not prevent
2 the arrest or prosecution of any person for diversion of marijuana or any of its
3 derivatives or other conduct outside the scope of the state-sponsored medical
4 marijuana program.
5 * * *
6 Section 2. This Act shall take effect and become operative if and when the Act
7which originated as House Bill No. 135 of this 2022 Regular Session of the Legislature is
8enacted and becomes effective.
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 137 Engrossed 2022 Regular Session Marino
Abstract: Provides that visiting qualifying patients shall be exempt from prosecution for
certain violations of the Uniform Controlled Dangerous Substances Law.
Present law provides that any person who is a patient of the state-sponsored medical
marijuana program, and possesses medical marijuana in a form permissible under present
law (R.S. 40:1046) for a qualifying condition, a caregiver, or any person who is a
domiciliary parent of a minor child who possesses medical marijuana on behalf of his minor
child in a form permissible under present law for a qualifying condition pursuant to a
legitimate medical marijuana prescription or recommendation issued by a physician licensed
by and in good standing with the La. State Board of Medical Examiners shall be exempt
from prosecution for certain violations of present law (the Uniform Controlled Dangerous
Substances Law).
Proposed law retains present law and adds that visiting qualifying patients shall also be
exempt from prosecution for certain violations of present law (the Uniform Controlled
Dangerous Substances Law).
Effective if and when House Bill No. 135 of this 2022 R.S. is enacted and becomes effective.
(Amends R.S. 40:966(F)(1))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Provide that proposed law is effective if and when House Bill No. 135 of this
2022 R.S. is enacted and becomes effective.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.