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 553 Engrossed 2022 Regular Session McKnight
Abstract: Provides for suitability requirements, based upon criminal history record information, for
contractors of licensed producers of medical marijuana.
Present law provides for a process by which the La. Dept. of Agriculture and Forestry (LDAF)
determines the suitability of applicants for licensure as a medical marijuana production facility by
way of fingerprinting and conducting state and federal background checks through the La. State
Police and Federal Bureau of Investigation.
Proposed law modifies present law by removing LDAF as the regulatory agency to determine
suitability and prohibits any government agency from requiring a suitability or background check
as a condition for licensure or permitting as an applicant or contractor to produce marijuana for
therapeutic use.
Proposed law adds the term "contractor" and defines it as any person, partnership, joint venture,
limited liability company, corporation, association, joint stock association, sole proprietorship, trust,
other business entity, or juridical person whether incorporated or not selected by either the LSU
AgCenter or the Southern Univ. AgCenter through a competitive bid process to cultivate, extract,
process, produce, and transport therapeutic marijuana.
Proposed law repeals present law as it pertains to the process, procedures, and fees for obtaining
fingerprints, conducting background checks, and accessing reports provided by La. State Police.
Proposed law authorizes contractors to still conduct background checks for the purpose of hiring
employees.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1047(A)(intro. para.) and (2), (B), and (C); Repeals R.S. 40:1047(A)(3)-(6),
(B)(1)-(3), (D), and (E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill:
1. Retain the term "applicant". 2. Repeal or remove the following terms and definitions: "criminal history record",
"department", "division", "exercise significant influence", "permit", and "therapeutic
marijuana" or "medical marijuana".
3. Remove the persons required to obtain a permit from the regulatory agency.
4. Remove the requirements a person applying for a permit must do.
5. Remove the criteria by which an applicant is denied a permit.
6. Remove the criteria relating to permit renewal.
7. Remove the criteria by which a regulatory agency may deny, suspend, or revoke a permit
issued.
8. Repeal present law provisions relative to the processes and procedures whereby a
regulatory agency can request and obtain fingerprints and a background check for the
purposes of satisfying suitability in order to issue a license or permit.
9. Remove the La. Dept. of Agriculture and Forestry as the state regulatory agency for
conducting suitability investigations.
10.Prohibit any government agency from requiring an applicant for a specialty license or
permit for the production of recommended marijuana for therapeutic use to undergo a
suitability investigation or submit to a criminal background check as a criteria for
obtaining a license or permit.
11.Authorize a contractor to conduct background checks on prospective employees for the
purpose of making an employment decision.
12.Make technical changes.