HLS 22RS-1046 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 768
BY REPRESENTATIVE MARINO
DRUGS/PRESCRIPTION: Provides for the licensure of therapeutic marijuana pharmacies
1 AN ACT
2To amend and reenact R.S. 40:1046(G), relative to licensure of therapeutic marijuana
3 pharmacies; to increase the total number of licenses; to provide for administrative
4 rules governing applicant participation based on residency; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:1046(G) is hereby amended and reenacted to read as follows:
8 ยง1046. Recommendation and dispensing of marijuana for therapeutic use; rules and
9 regulations of the Louisiana State Board of Medical Examiners and
10 Louisiana Board of Pharmacy; production facility licensing by the
11 Department of Agriculture and Forestry
12 * * *
13 G.(1) The Louisiana Board of Pharmacy shall develop an annual,
14 nontransferable specialty license for a pharmacy to dispense recommended
15 marijuana for therapeutic use and shall limit the number of such licenses granted in
16 the state to no more than ten twenty-five licensees. The Louisiana Board of
17 Pharmacy shall develop rules and regulations regarding the geographical population
18 distribution for locations of dispensing pharmacies in Louisiana.
19 (2) The Louisiana Board of Pharmacy shall develop rules for issuing new
20 licenses based on a minimum criterion of the following:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1046 ORIGINAL
HB NO. 768
1 (a) Applicants who have resided within the state for at least five years prior
2 to the date of application or applicants who have owned property on which the
3 pharmacy will be located and have at least fifty-one percent ownership in the
4 property for at least five years prior to the date of application for a license.
5 (b) Prohibits a licensee from selling or transferring their license to another
6 person that has not been a Louisiana resident for at least five years prior to the sale
7 or transfer or to an entity that does not have an ownership group made up of at least
8 fifty-one percent of Louisiana residents residing in the state at least five years prior
9 to the sale or transfer.
10 (c) Any licensee receiving a license issued after August 1, 2022 is prohibited
11 from dispensing any marijuana product for therapeutic use prior to January 1, 2023.
12 * * *
13 Section 2. The Louisiana Board of Pharmacy is directed to begin accepting
14applications after sixty days from when this Act 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 768 Original 2022 Regular Session Marino
Abstract: Increases the total number of therapeutic marijuana pharmacy licenses the
Louisiana Board of Pharmacy can issue and provides criteria for the selection of
applicants receiving any new licenses.
Present law limits the number of therapeutic marijuana pharmacy licenses issued by the La.
Bd. of Pharmacy to 10.
Proposed law increases the number of licenses provided in present law from 10 to 25.
Proposed law requires the La. Bd. of Pharmacy to develop rules for issuing new licenses
based on a minimum criterion of the following:
(1)Applicants who have resided within the state for at least five years prior to the date
of application or applicants who have owned property on which the pharmacy will
be located and have at least 51% ownership in the property for at least five years
prior to the date of application for a license.
(2)Prohibits a licensee from selling or transferring their license to another person that
has not been a Louisiana resident for at least five years prior to the sale or transfer
or to an entity that does not have an ownership group made up of at least 51% of La.
residents residing in the state at least five years prior to the sale or transfer.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1046 ORIGINAL
HB NO. 768
(3)Any licensee receiving a license issued after Aug. 1, 2022 is prohibited from
dispensing any marijuana product for therapeutic use prior to Jan. 1, 2023.
Proposed law directs the La. Bd. of Pharmacy to begin accepting applications for new
licenses after 60 days from when proposed law becomes effective.
(Amends R.S. 40:1046(G))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.