ENROLLED
ACT No. 628
2022 Regular Session
HOUSE BILL NO. 553
BY REPRESENTATIVE MCKNIGHT
1 AN ACT
2 To amend and reenact R.S. 40:1047(A)(introductory paragraph) and (2) , (B), and (C), and
3 to repeal R.S. 40:1047(A)(3) through (6), (D), and (E), relative to suitability
4 requirements for persons associated with production of therapeutic marijuana; to
5 provide for definitions; to prohibit government agencies from conducting suitability
6 investigations as a requirement for licensure to produce therapeutic marijuana; to
7 require employees of contractors to submit to criminal background checks; to permit
8 contractors to conduct background checks as a condition of employment; to provide
9 for an effective date; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 40:1047(A)(introductory paragraph) and (2) and (B) and (C) are
12 hereby amended and reenacted to read as follows:
13 ยง1047. Louisiana Department of Agriculture and Forestry Permits relating to
14 production of therapeutic marijuana; contractors of licensed producers;
15 permit application requirements; authorization for Department of Agriculture
16 and Forestry to obtain criminal history record information
17 A. As used in this Section, the following terms shall have the following
18 meaning ascribed in this Subsection:
19 * * *
20 (2) "Bureau" means the Louisiana Bureau of Criminal Identification and
21 Information of the office of state police within the Department of Public Safety and
22 Corrections. "Contractor" means any person, partnership, joint venture, limited
23 liability company, corporation, association, joint stock association, sole
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1 proprietorship, trust, other business entity, or juridical person whether incorporated
2 or not selected by either the Louisiana State University Agricultural Center or the
3 Southern University Agricultural Center through a competitive bid process to
4 cultivate, extract, process, produce, and transport therapeutic marijuana.
5 B. (1) In addition to any other requirements established by department rules,
6 the department shall require an applicant, as a condition of eligibility for licensure:
7 No applicant for a specialty license or permit for the production of recommended
8 marijuana for therapeutic use issued pursuant to R.S. 40:1046(H) or a contractor
9 shall be required to undergo a suitability investigation conducted by any government
10 agency as a prerequisite to obtaining a license or permit.
11 (1) To submit a full set of fingerprints, in a form and manner prescribed by
12 the department.
13 (2) To permit the department to request and obtain state and national
14 criminal history record information on the applicant. A contractor shall submit to a
15 criminal history background check conducted by a government agency or private
16 entity subject to any applicable terms and conditions of the contract between the
17 university licensee and contractor. The requirement to undergo a criminal history
18 background check shall be limited to employees of a contractor for the production
19 of recommended marijuana for therapeutic use. The government agency designated
20 to regulate licensees for the production of recommended marijuana for therapeutic
21 use pursuant to R.S. 40:1046 shall issue a provisional permit to the contractor and
22 shall be converted to an unconditional permit upon successful completion of the
23 criminal history background check.
24 (3) To pay the reasonable costs to be incurred by the department in
25 requesting and obtaining state and national criminal history record information on
26 the applicant.
27 C. In accordance with the provisions and procedure prescribed by this
28 Section, the department shall request and obtain state and national criminal history
29 record information from the bureau and the FBI relative to any applicant for
30 licensure whose fingerprints the department has obtained pursuant to this Section for
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1 the purpose of determining the applicant's suitability and eligibility for licensure.
2 Unless otherwise provided by law, nothing in this Section shall be construed to limit
3 or prohibit a contractor from considering the results of a background check of a
4 prospective employee in making the final determination of whether to employ the
5 person.
6 Section 2. R.S. 40:1047(A)(3) through (6), (D), and (E) are hereby repealed in their
7 entirety.
8 Section 3. This Act shall become effective upon signature by the governor or, if not
9 signed by the governor, upon expiration of the time for bills to become law without signature
10 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11 vetoed by the governor and subsequently approved by the legislature, this Act shall become
12 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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