HLS 22RS-1046 ENGROSSED
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 for such pharmacies; to establish
4 eligibility criteria for new marijuana pharmacy licenses issued by the Louisiana
5 Board of Pharmacy; and to provide for related 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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1046 ENGROSSED
HB NO. 768
1 (2) After August 1, 2022, the Louisiana Board of Pharmacy shall not issue
2 a marijuana pharmacy license to any applicant who does not meet at least one of the
3 following criteria:
4 (a) The applicant is a resident of this state and resided in this state for the
5 entirety of the five-year period immediately preceding the date of his application.
6 (b) The applicant had, for the entirety of the five-year period immediately
7 preceding the date of his application, an ownership interest of at least fifty-one
8 percent of the total ownership of the property on which the marijuana pharmacy will
9 be located.
10 (3) Any licensee receiving a license issued after August 1, 2022, is
11 prohibited from dispensing any marijuana product for therapeutic use prior to
12 January 1, 2023.
13 (4) In issuing marijuana pharmacy licenses after August 1, 2022, the
14 Louisiana Board of Pharmacy shall ensure that at least thirty percent of the total
15 number of such licenses issued are held by women- or minority-owned businesses.
16 * * *
17 Section 2. The Louisiana Board of Pharmacy shall begin accepting applications for
18marijuana pharmacy licenses authorized by Section 1 of this Act on October 1, 2022.
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 Engrossed 2022 Regular Session Marino
Abstract: Increases the number of marijuana pharmacy licenses that the La. Board of
Pharmacy may issue and provides criteria for the selection of new licensees.
Present law limits the number of specialty marijuana pharmacy licenses that the La. Board
of Pharmacy (board) may issue to no more than 10. Proposed law increases this limit from
10 to 25.
Proposed law provides that after Aug. 1, 2022, the board shall not issue a marijuana
pharmacy license to any applicant who does not meet at least one of the following criteria:
(1)The applicant is a resident of this state and resided in this state for the entirety of the
five-year period immediately preceding the date of his application.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1046 ENGROSSED
HB NO. 768
(2)The applicant had, for the entirety of the five-year period immediately preceding the
date of his application, an ownership interest of at least 51% of the total ownership
of the property on which the marijuana pharmacy will be located.
Proposed law stipulates that in issuing marijuana pharmacy licenses after Aug. 1, 2022, the
board shall ensure that at least 30% of the total number of such licenses issued are held by
women- or minority-owned businesses.
Proposed law requires the board to begin accepting applications for the new marijuana
pharmacy licenses authorized by proposed law on Oct. 1, 2022.
(Amends R.S. 40:1046(G))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Make technical and clarifying changes to the criteria provided in proposed law
for applicants to whom the board may issue new marijuana pharmacy licenses
after Aug. 1, 2022.
2. Delete proposed law prohibiting marijuana pharmacy licensees from selling or
transferring their licenses to certain parties; retain present law providing that
marijuana pharmacy licenses are nontransferable.
3. Provide that in issuing marijuana pharmacy licenses after Aug. 1, 2022, the board
shall ensure that at least 30% of the total number of such licenses issued are held
by women- or minority-owned businesses.
4. Require the La. Board of Pharmacy to begin accepting applications for new
marijuana pharmacy licenses on Oct. 1, 2022.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.