ENROLLED
ACT No. 693
2024 Regular Session
HOUSE BILL NO. 376
BY REPRESENTATIVES RISER, CHASSION, KNOX, AND SELDERS
1 AN ACT
2 To amend and reenact R.S. 40:966(F)(2) through (5) and (8)(b)(i) and (c), 1046(A)(1), (3),
3 (5), and (7), (C)(1) and (2)(c), (g), and (i), (D), (E), (F), (G)(1), (2), (3)(a) through
4 (d), and (4) through (7), (H)(6)(a)(introductory paragraph) and (a)(vi), and (L),
5 1046.1(A), (B), (C)(1), (2)(a)(introductory paragraph) and (b), (D), (E), and
6 (F)(introductory paragraph), 1046.2(F)(introductory paragraph), (1), and
7 (2)(introductory paragraph) and (b), (G)(introductory paragraph) and (1),
8 (I)(introductory paragraph) and (1)(introductory paragraph) and (b), (2), and (3), and
9 1046.4(B) and to repeal R.S. 40:1046(C)(2)(a), (f), and (j) through (l), relative to the
10 production of therapeutic marijuana; to extend the termination date; to provide for
11 the sale of marijuana for therapeutic use; to provide for the transfer of regulatory
12 authority from the Louisiana Board of Pharmacy to the Louisiana Department of
13 Health; to provide for marijuana retail permits; to provide for rulemaking; to provide
14 for an effective date; and to provide for related matters.
15 Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 40:966(F)(2) through (5) and (8)(b)(i) and (c), 1046(A)(1), (3), (5),
17 and (7), (C)(1) and (2)(c), (g), and (i), (D), (E), (F), (G)(1), (2), (3)(a) through (d), and (4)
18 through (7), (H)(6)(a)(introductory paragraph) and (a)(vi), and (L), 1046.1(A), (B), (C)(1),
19 (2)(a)(introductory paragraph) and (b), (D), (E), and (F)(introductory paragraph),
20 1046.2(F)(introductory paragraph), (1), and (2)(introductory paragraph) and (b),
21 (G)(introductory paragraph) and (1), (I)(introductory paragraph) and (1)(introductory
22 paragraph) and (b), (2), and (3), and 1046.4(B) are hereby amended and reenacted to read
23 as follows:
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1 §966. Penalty for distribution or possession with intent to distribute narcotic drugs
2 listed in Schedule I; possession of marijuana, synthetic cannabinoids, and
3 heroin
4 * * *
5 F.
6 * * *
7 (2) Any pharmacy licensed to dispense retailer permitted to sell marijuana
8 pursuant to R.S. 40:1046, and any employee, board member, director, or agent of a
9 pharmacy licensed to dispense retailer permitted to sell marijuana pursuant to R.S.
10 40:1046, shall be exempt from the provisions of this Section for possession of
11 marijuana at a location designated by the Louisiana Board of Pharmacy Department
12 of Health's rules and regulations, or distribution of marijuana in a form approved by
13 the Louisiana Board of Pharmacy Department of Health to a patient with a valid
14 recommendation or prescription, in the state-sponsored medical marijuana program.
15 This Paragraph shall not prevent the arrest or prosecution of any person for diversion
16 of marijuana or any of its derivatives or other conduct outside the scope of the
17 state-sponsored medical marijuana program or for violations of the Louisiana Board
18 of Pharmacy Department of Health's rules and regulations.
19 (3) Any licensee or its subordinate contractor licensed by the Louisiana
20 Department of Agriculture and Forestry Health to produce marijuana pursuant to
21 R.S. 40:1046, and any employee, board member, director, or agent of a marijuana
22 licensee or its subordinate contractor licensed pursuant to R.S. 40:1046, shall be
23 exempt from prosecution under this Section for possession, production, or
24 manufacture of marijuana at the production facility designated by the Louisiana
25 Department of Agriculture and Forestry Health or for the transportation of marijuana
26 or any of its derivatives in accordance with the Louisiana Department of Agriculture
27 and Forestry Health's rules and regulations. This Paragraph shall not prevent the
28 arrest or prosecution of any person for diversion of marijuana from the production
29 facility designated by the Louisiana Department of Agriculture and Forestry Health
30 outside the scope of the state-sponsored medical marijuana program or for violations
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1 of the Louisiana Department of Agriculture and Forestry Health's rules and
2 regulations.
3 (4) Any laboratory that tests marijuana or marijuana preparations produced
4 and distributed under the state-sponsored medical marijuana program, and any
5 employee, board member, director, or agent of a testing laboratory pursuant to R.S.
6 40:1046, shall be exempt from prosecution under this Section for possession of
7 marijuana or any of its derivatives at a research laboratory designated by the
8 Louisiana Board of Pharmacy Department of Health or for transportation of
9 marijuana or any of its derivatives in accordance with Louisiana Board of Pharmacy
10 Department of Health's rules and regulations. This Paragraph shall not prevent the
11 arrest or prosecution of any person for diversion of marijuana from a research
12 laboratory designated by the Louisiana Board of Pharmacy Department of Health or
13 other conduct outside the scope of the state-sponsored medical marijuana program
14 or for violations of Board of Pharmacy the Louisiana Department of Health's rules
15 and regulations.
16 (5) Any person, employee, board member, director, or agent conducting
17 research as the licensee pursuant to R.S. 40:1046 and any employee, board member,
18 director, agent, or any person conducting research in partnership with the licensee
19 shall be exempt from prosecution under this Section for the possession, production,
20 or manufacture of marijuana or any of its derivatives at the production facility
21 designated by the Department of Agriculture and Forestry or for the transportation
22 of marijuana or any of its derivatives in accordance with Louisiana Department of
23 Agriculture and Forestry Health's rules and regulations. This Paragraph shall not
24 prevent the arrest or prosecution of any person for diversion of marijuana or any of
25 its derivatives from the production facility designated by the Department of
26 Agriculture and Forestry or other conduct outside the scope of the state-sponsored
27 medical marijuana program or for violations of the Louisiana Department of
28 Agriculture and Forestry Health's rules and regulations.
29 * * *
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1 (8)
2 * * *
3 (b) Notwithstanding any other provision of law to the contrary, except when
4 the person to be arrested has committed a felony, although not in the presence of the
5 officer, no peace officer may arrest any employee, board member, director, or agent
6 during the course and scope of his employment with the following, pursuant to R.S.
7 40:1046:
8 (i) A pharmacy licensed to dispense retailer permitted to sell marijuana for
9 therapeutic use.
10 * * *
11 (c) The defendant shall bear the burden of proving that the possession,
12 manufacture, production, transportation, or distribution was in accordance with the
13 state-sponsored medical marijuana program, the Louisiana Board of Pharmacy rules
14 and regulations, or the Louisiana Department of Agriculture and Forestry Health's
15 rules and regulation, as applicable.
16 * * *
17 §1046. Recommendation and dispensing sale of marijuana for therapeutic use; rules
18 and regulations of the Louisiana Board of Pharmacy; production facility
19 licensing; regulations and permitting by the Louisiana Department of Health
20 A.(1) Notwithstanding any other provision of this Part, any clinician
21 authorized by the provisions of Subsection B of this Section to recommend medical
22 marijuana, referred to in this Section as an "authorized clinician", may recommend,
23 in any form as permitted authorized by the rules and regulations of the Louisiana
24 Board of Pharmacy Department of Health, hereafter referred to as the "department",
25 raw or crude marijuana, tetrahydrocannabinols, or a chemical derivative of
26 tetrahydrocannabinols for therapeutic use by any patient clinically diagnosed as
27 suffering from a debilitating medical condition.
28 * * *
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1 (3) For purposes of this Part, "recommend" or "recommended" means an
2 opinion of any authorized clinician, provided within a bona fide clinician-patient
3 relationship, that, in the sincere judgment of the clinician, therapeutic cannabis may
4 be helpful to the patient's condition or symptoms and is communicated by any means
5 allowed by the Louisiana Board of Pharmacy department.
6 * * *
7 (5)(a) No pharmacy authorized to dispense retailer permitted to sell
8 marijuana for therapeutic use in accordance with the provisions of this Section shall
9 dispense sell more than two and one-half ounces, or seventy-one grams, of raw or
10 crude marijuana every fourteen days to any individual patient.
11 (b) No pharmacy authorized to dispense retailer permitted to sell marijuana
12 for therapeutic use in accordance with the provisions of this Section shall dispense
13 sell raw or crude marijuana to any person under twenty-one years of age without a
14 recommendation from an authorized clinician specifically recommending marijuana
15 in raw or crude form for that person.
16 * * *
17 (7) Nothing in this Subsection shall be construed to prevent the Louisiana
18 Board of Pharmacy department from permitting authorizing, by rule, medical
19 marijuana in a form to be administered by metered-dose inhaler. For purposes of this
20 Section, "metered-dose inhaler" means a device that delivers a specific amount of
21 medication to the lungs, in the form of a short burst of medicine that is usually
22 self-administered by the patient via inhalation.
23 * * *
24 C.(1) The Louisiana Board of Pharmacy department shall adopt rules to
25 provide for relating to therapeutic marijuana retail permits.
26 (2) The rules promulgated pursuant to this Subsection shall include but not
27 be limited to:
28 * * *
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1 (c) Procedures and protocols to provide that no recommended therapeutic
2 marijuana may be dispensed sold from, produced from, obtained from, sold to, or
3 transferred to a location outside of this state.
4 * * *
5 (g) The establishment of other licensing permit, renewal, and operational
6 standards which are deemed necessary by the Louisiana Board of Pharmacy
7 department.
8 * * *
9 (i) The establishment of health, safety, and security requirements for
10 dispensers of recommended therapeutic marijuana retail permit holders.
11 * * *
12 D. Nothing in this Section shall be construed to prohibit the Louisiana State
13 Board of Medical Examiners or the Louisiana Board of Pharmacy department from
14 adopting emergency rules as otherwise provided for in the Administrative Procedure
15 Act.
16 E. Marijuana, tetrahydrocannabinols, or a chemical derivative of
17 tetrahydrocannabinols recommended pursuant to this Section shall be dispensed sold
18 in person from by a licensed pharmacy marijuana retail permit holder in good
19 standing located in Louisiana.
20 F.(1)(a) Each permitted retailer shall acquire and maintain all software,
21 hardware, and communications infrastructure necessary to ensure connectivity to and
22 implementation of the Louisiana Medical Marijuana Tracking System, hereafter
23 referred to as the "LMMTS", from seed to delivery to an approved laboratory, to
24 wholesale to permitted retailers, to wholesale to another licensed cultivation facility,
25 to delivery to an authorized researcher, to sale to patients or caregivers by permitted
26 retailers, or to destruction. A person who recommends and a person who dispenses
27 sells marijuana, tetrahydrocannabinols, or a chemical derivative of
28 tetrahydrocannabinols pursuant to this Section shall review the patient's information
29 in the database of the prescription monitoring program established in R.S. 40:1001
30 et seq. LMMTS prior to the recommending and dispensing selling thereof.
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1 (b) Each retail permit holder shall appoint a minimum of one pharmacist
2 residing in Louisiana who has an active unrestricted license with the Louisiana Board
3 of Pharmacy who is designated by the retail permit holder to be responsible for the
4 operation of the primary retail location and any satellite locations in compliance with
5 all applicable laws and regulations. The pharmacist shall be considered on duty when
6 accessible by the employees and agents of the primary retail location and any
7 satellite locations through telephonic means during open hours and available by
8 telephone or video conference for a patient consultation during open hours.
9 (2) Any person who dispenses sells marijuana, tetrahydrocannabinols, or a
10 chemical derivative of tetrahydrocannabinols pursuant to this Section shall comply
11 with the reporting requirements of the prescription monitoring program established
12 in R.S. 40:1001 et seq LMMTS.
13 G.(1)(a) The Louisiana Board of Pharmacy department shall develop issue
14 an annual license for a pharmacy to dispense retail permit to sell recommended
15 marijuana for therapeutic use and, except as provided in Paragraph (3) of this
16 Subsection, shall limit the number of licenses retail permits granted in the state to no
17 more than ten licenses. Except as provided in Subparagraph (b) of this Paragraph, the
18 board shall award one license per region as delineated in Paragraph (2) of this
19 Subsection and one additional license to the region with the highest population
20 density as of August 1, 2022, and shall award each license through a competitive
21 process. The board shall consider the status of an applicant as a minority-, woman-,
22 or veteran-owned business as a primary factor in awarding a license.
23 (b) Upon each annual renewal period, a retail permit in force shall be
24 renewed by the department for the next succeeding period upon proper application
25 for renewal and payment of permit fees as required by law and the rules and
26 regulations of the department.
27 (c) Subject to the limitations in this Subsection, the department shall select
28 a new retail permit holder through a competitive bid process in accordance with the
29 applicable provisions of the Louisiana Procurement Code, R.S. 39:1551 et seq., only
30 if any of the following occur:
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1 (i) After written notice from the department and failure of the retail permit
2 holder to cure within thirty days following receipt of written notice, a retail permit
3 holder fails to comply with the proper application for renewal and payment of permit
4 fees as required by law and the rules and regulations of the department, and the retail
5 permit is revoked.
6 (ii) A retail permit is voluntarily returned or remitted to the department prior
7 to the expiration of the permit period.
8 (b) (e) The transfer of a membership interest in an entity operating a
9 pharmacy licensed by the Louisiana Board of Pharmacy that holds a marijuana retail
10 permit to dispense recommended marijuana for therapeutic use may be conducted
11 without approval of the department shall be subject to approval of the board in the
12 same manner required for the transfer of a membership interest in any other
13 pharmacy licensed by the board.
14 (2) For the purposes of this Subsection, the regions among which the
15 Louisiana Board of Pharmacy shall allocate marijuana pharmacy licenses retail
16 permits are allocated shall correspond to the sets of parishes comprising,
17 respectively, the administrative regions of the Louisiana Department of Health as
18 those regions existed on August 1, 2022. On and after October 1, 2022, at least one
19 licensed marijuana pharmacy retailer shall be located in each region.
20 (3)(a) After three thousand five hundred active, qualified patients are
21 identified in the prescription monitoring program in a region, the Louisiana Board
22 of Pharmacy department shall notify and allow the marijuana pharmacy licensee
23 retail permit holder in that region to open one additional marijuana pharmacy retail
24 location as a satellite location in that region. For the purposes of this Paragraph,
25 "satellite location" shall mean an additional marijuana pharmacy retail location
26 operated by a marijuana pharmacy licensee retail permit holder within the licensee's
27 same geographic region but physically separate from the location of the originally
28 licensed original therapeutic marijuana pharmacy retail location.
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1 (b) After seven thousand active, qualified patients are identified in the
2 prescription monitoring program in a region, the Louisiana Board of Pharmacy
3 department shall notify and allow the marijuana pharmacy licensee retail permit
4 holder in that region to open one additional marijuana pharmacy retail location as a
5 second satellite location in that region.
6 (c) The licensee retail permit holder shall submit an application to open a
7 satellite location provided for in this Paragraph no later than ninety days after receipt
8 of the notification sent by the Louisiana Board of Pharmacy department pursuant to
9 Subparagraph (b) of this Paragraph to inform the licensee of his eligibility to open
10 a satellite location. The satellite location shall be operational within three hundred
11 ten days of the approval of the application by the Louisiana Board of Pharmacy
12 department. The Louisiana Board of Pharmacy department may grant additional time
13 for the satellite location to become operational due to a circumstance beyond the
14 control of the licensee retail permit holder. If a marijuana pharmacy licensee retail
15 permit holder declines to open a satellite location pursuant to Subparagraph (a) or (b)
16 of this Paragraph, then the Louisiana Board of Pharmacy department may issue,
17 pursuant to the provisions of Paragraph (1) of this Subsection, an additional
18 marijuana pharmacy license retail permit in that region to open one marijuana
19 pharmacy retail location in lieu of the original licensee's retail permit holder's
20 satellite location in that region.
21 (d) The board department shall consider any unserved parishes within the
22 region when approving a satellite location or additional marijuana pharmacy for
23 licensure retail permits pursuant to this Paragraph.
24 * * *
25 (4)(a) The total number of marijuana pharmacy retail locations, including
26 satellite locations, approved by the Louisiana Board of Pharmacy department
27 pursuant to Paragraph (3) of this Subsection shall not be greater than thirty locations.
28 (b) The provisions of this Paragraph shall not be construed to authorize a
29 marijuana pharmacy licensee retail permit holder to open more than two satellite
30 locations in a single region.
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1 (5) The provisions of this Subsection shall not be construed to require the
2 closure of any marijuana pharmacy retail location, including satellite locations, if the
3 active, qualified patient count drops below three thousand five hundred after the
4 location is approved by the board.
5 (6)(a) No marijuana pharmacy retail permit holder shall locate within a
6 fifteen-mile radius of another license retail permit holder's marijuana pharmacy retail
7 location.
8 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, in
9 a region that encompasses any parish with a population of more than three hundred
10 fifty thousand persons according to the most recent federal decennial census, no
11 marijuana pharmacy retail permit holder shall locate within a ten-mile radius of
12 another license retail permit holder's marijuana pharmacy retail location.
13 (c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this
14 Paragraph, in a region that encompasses any municipality with a population of more
15 than three hundred fifty thousand persons according to the most recent federal
16 decennial census, no marijuana pharmacy retail permit holder shall locate within a
17 five-mile radius of another license retail permit holder's marijuana pharmacy retail
18 location.
19 (d) The provisions of this Paragraph shall not apply if all affected retail
20 permit holders submit a written mutual agreement to the department waiving the
21 provisions of this Paragraph.
22 (7) Each marijuana pharmacy licensed in accordance with the provisions of
23 this Subsection retail permit holder shall offer home delivery to patients in each zip
24 code within its region at least once per month.
25 * * *
26 H.
27 * * *
28 (6)(a) The Louisiana Department of Health shall collect all of the following
29 information from each licensee retail permit holder:
30 * * *
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1 (vi) The amount of therapeutic marijuana distributed to each pharmacy
2 licensed to dispense therapeutic marijuana in this state retail permit holder during
3 each calendar year.
4 * * *
5 L. The provisions of this Section shall terminate on January 1, 2025 July 1,
6 2030.
7 §1046.1. Dispensing Sale of marijuana for therapeutic use to visiting qualifying
8 patients
9 A. As used in this Section Part, the following terms have the meaning
10 ascribed in this Subsection:
11 (1) "Board" means the Louisiana Board of Pharmacy.
12 (2) "Debilitating medical condition" has the meaning ascribed in R.S.
13 40:1046(A)(2)(a).
14 (2) "Department" means the Louisiana Department of Health.
15 (3) "Marijuana pharmacy" means a pharmacy that holds a specialty license
16 to dispense medical marijuana issued pursuant to R.S. 40:1046(G).
17 (4) (3) "Medical marijuana" means marijuana for therapeutic use produced
18 pursuant to the provisions of R.S. 40:1046(H).
19 (5) (4) "Prescription monitoring program LMMTS" means the electronic
20 seed-to-sale tracking system approved by the department for the monitoring of
21 controlled substances and drugs of concern established in R.S. 40:1004.
22 (6) (5) "Visiting qualifying patient" means a patient with a debilitating
23 medical condition who is not a resident of Louisiana or who has been a resident of
24 Louisiana for less than thirty days and who is in actual possession of a valid medical
25 marijuana registry identification card, or its equivalent, which has been issued under
26 the medical marijuana laws of another state, district, territory, commonwealth, or
27 insular possession of the United States.
28 B. A visiting qualifying patient may obtain medical marijuana from a
29 marijuana pharmacy retail permit holder upon producing evidence of his valid
30 medical marijuana registry identification card, or its equivalent, which has been
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1 issued under the medical marijuana laws of another state, district, territory,
2 commonwealth, or insular possession of the United States.
3 C.(1) A marijuana pharmacy retail permit holder shall require each visiting
4 qualifying patient to certify on a form approved by the board department that he has
5 been diagnosed by a licensed physician authorized clinician with one or more
6 debilitating medical conditions. The form shall include the full name, address, and
7 phone number of the visiting qualifying patient and shall include a statement to be
8 signed by the patient by which he shall attest that he will not divert to any person any
9 medical marijuana dispensed sold to him by the marijuana pharmacy retail permit
10 holder.
11 (2)(a) A marijuana pharmacy retail permit holder shall retain a copy of each
12 of the following documents received from a visiting qualifying patient:
13 * * *
14 (b) The board department shall promulgate in accordance with the
15 Administrative Procedure Act a record retention schedule for marijuana pharmacies
16 retail permit holders which applies to the documents identified in this Paragraph.
17 D. Prior to dispensing any medical marijuana product to a visiting qualifying
18 patient, a dispensing pharmacist or the pharmacist's designee at a marijuana
19 pharmacy retail location shall review the patient's records in the prescription
20 monitoring program LMMTS. The pharmacist or the pharmacist's designee shall
21 resolve any concerns identified in the review of the patient's prescription monitoring
22 program records by consultation with the patient's physician.
23 E.(1) Upon dispensing sale of any medical marijuana product to a visiting
24 qualifying patient, the dispensing pharmacist or the pharmacist's designee at a
25 marijuana pharmacy retail location shall report that transaction to the prescription
26 monitoring program LMMTS in conformance with program rules governing
27 dispensing of controlled substances to Louisiana-resident patients and as required by
28 any rules of the board that apply to marijuana pharmacies.
29 (2) The dispensing pharmacist at a marijuana pharmacy shall perform a
30 prospective drug utilization review for each visiting qualifying patient and shall
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1 counsel each such patient every time medical marijuana is dispensed to the patient
2 in conformance with rules of the board governing dispensing of controlled
3 substances to Louisiana-resident patients and in compliance with applicable rules of
4 the board on drug utilization review and patient counseling.
5 F. No marijuana pharmacy retail permit holder shall dispense sell medical
6 marijuana to a person who holds himself out to be a visiting qualifying patient if the
7 dispensing pharmacist or the pharmacist's designee at the pharmacy retail location
8 determines any of the following with respect to that person:
9 * * *
10 §1046.2. Contractors; selection; Licensees; minimum standards
11 * * *
12 F. All of the following requirements shall apply with respect to data
13 management by contractors licensees:
14 (1) Each contractor licensee shall acquire and maintain all software,
15 hardware, and communications infrastructure necessary to ensure connectivity to and
16 implementation of the Louisiana Medical Marijuana Tracking System, referred to
17 hereafter in this Subsection as the LMMTS, to track therapeutic marijuana from seed
18 to distribution to an approved laboratory, to licensed pharmacies retail permit
19 holders, to another cultivation contractor licensee or to destruction, tagging each
20 plant and product with a unique identification number, and entering the number into
21 the LMMTS for tracking. The contractor licensee shall bear the cost of all expenses
22 related to tracking, tagging, and implementation of the LMMTS.
23 (2) Within twenty-four hours of the respective qualifying event, the
24 contractor licensee shall record the following in the LMMTS:
25 * * *
26 (b) The sale, transfer, or transport of therapeutic marijuana or its derivatives
27 to another contractor licensee, approved laboratory, or therapeutic marijuana
28 pharmacy retail permit holder.
29 * * *
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1 G. All of the following standards and requirements shall apply to contractors'
2 licensees' inventory:
3 (1) Each contractor licensee shall maintain a comprehensive inventory of all
4 marijuana, including without limitation usable marijuana available for dispensing
5 sale, mature marijuana plants, and seedlings at each authorized location. Following
6 an initial inventory, all marijuana shall be inventoried on a weekly basis.
7 * * *
8 I. All of the following requirements shall apply to transportation of
9 therapeutic marijuana by contractors licensees:
10 (1) Prior to transporting therapeutic marijuana, a contractor licensee shall
11 generate an inventory manifest in the Louisiana Medical Marijuana Tracking
12 System, referred to hereafter in this Subsection as the LMMTS, including all of the
13 following information:
14 * * *
15 (b) The name of the contractor licensee, approved laboratory, or licensed
16 pharmacy retail permit holder receiving the transport.
17 * * *
18 (2) The contractor licensee originating the transport shall provide the
19 contractor licensee, approved laboratory, or licensed pharmacy retail permit holder
20 receiving the transport with a copy of the LMMTS inventory manifest, which shall
21 not be altered after departing the originating contractor's licensee's facility.
22 (3) The contractor licensee, approved laboratory, or licensed pharmacy retail
23 permit holder receiving the transport shall record the quantities of all therapeutic
24 marijuana products in the LMMTS. However, any contractor licensee, approved
25 laboratory, or licensed pharmacy retail permit holder receiving a therapeutic
26 marijuana transport shall refuse the transport if it is not accompanied by an unaltered
27 LMMTS inventory manifest.
28 * * *
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1 §1046.4. Testing; sample collection; minimum standards; reporting; remediation
2 * * *
3 B. Each batch of medical marijuana finished product shall pass all applicable
4 testing standards, including appropriate microbial and fungal limits, acceptable
5 standards for pesticide chemical residues, appropriate residual solvent and heavy
6 metals limits, homogeneity for concentrates and extracts, and complete active
7 ingredient analysis or potency analysis prior to transportation to a medical marijuana
8 pharmacy retail permit holder. The administrative rules of the Louisiana Department
9 of Health shall allow for a variance of no greater than plus fifteen percent or minus
10 fifteen percent from the labeled amount of active ingredients in the ingredient
11 analysis or potency analysis.
12 * * *
13 Section 2. R.S. 40:1046(C)(2)(a), (f), and (j) through (l) are hereby repealed.
14 Section 3.(A) The regulatory authority provided in Part X-E of Chapter 4 of Title
15 40 of the Louisiana Revised Statutes of 1950 shall be transferred from the Louisiana Board
16 of Pharmacy to the Louisiana Department of Health effective January 1, 2025. Prior to
17 January 1, 2025, the Louisiana Department of Health shall adopt rules in accordance with
18 the Administrative Procedure Act to provide for the regulation of therapeutic marijuana
19 retail permit holders.
20 (B) To prevent any disruption to the supply chain and to ensure uninterrupted
21 availability of recommended marijuana for therapeutic use for qualified patients, the
22 Louisiana Department of Health shall allow the continued wholesale purchase, sale, and
23 delivery of therapeutic marijuana by retail permit holders until such time as the department
24 adopts all necessary rules.
25 (C) To prevent any disruption to patient continuity of care, on January 1, 2025, the
26 Louisiana Board of Pharmacy shall transfer and the Louisiana Department of Health shall
27 accept the annual licenses in force to sell marijuana for therapeutic use at the licensees
28 primary location and all satellite locations and shall convert each license to therapeutic
29 marijuana retail permit.
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1 Section 4. This Act shall become effective on January 1, 2025.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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