SSHB376 4465 5172
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 376 2024 Regular Session Riser
MEDICAL MARIJUANA: Provides relative to the regulation of medical marijuana
Synopsis of Senate Amendments
1.Adds that the authority to regulate therapeutic marijuana shall transfer from the
La. Bd. of Pharmacy (LBP) to the La. Dept. of Health (LDH).
2.Converts a license issued by the LBP to dispense therapeutic marijuana to a
retail permit to sell therapeutic marijuana issued by the LDH.
3.Adds that therapeutic marijuana is required to be sold by a retail location
permitted by LDH.
4.Adds that a retail permit to sell therapeutic marijuana shall be renewed by LDH
unless the permit holder fails to follow the proper application procedure, does
not pay fees on time, or voluntarily relinquishes his permit.
5.Adds that current therapeutic marijuana licensees shall be issued retail permits
to sell therapeutic marijuana.
Digest of Bill as Finally Passed by Senate
Present law requires therapeutic marijuana be dispensed from a marijuana pharmacy licensed
by La. Bd. of Pharmacy (LBP).
Proposed law requires therapeutic marijuana be sold from a marijuana retailer permitted by
the La. Dept. of Health (LDH).
Present law provides that marijuana used by a patient at the recommendation of an
authorized clinician (therapeutic marijuana) shall be administered and regulated by the
combined effort of the LBP, LDH, and the La. Dept. of Agriculture and Forestry.
Proposed law changes present law to provide that LDH shall be the sole agency responsible
for administering and regulating therapeutic marijuana.
Present law creates an exception to criminal penalties for distribution or possession with
intent to distribute marijuana for any entity authorized to dispense, produce, or transport
therapeutic marijuana.
Proposed law retains present law but clarifies the entities will be regulated by LDH.
Present law directs LBP to promulgate rules relating to therapeutic marijuana.
Proposed law directs LDH to promulgate rules relating to therapeutic marijuana.
Present law provides that rules relating to therapeutic marijuana promulgated in accordance
with present law shall include but not be limited to all of the following:
(1)Standards, procedures, and protocols for the effective use of recommended marijuana
for therapeutic use.
(2)The establishment of standards and procedures for the revocation, suspension, and
nonrenewal of licenses.
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(3)Licensure of dispensers of recommended therapeutic marijuana.
(4)The establishment of financial requirements for applicants to dispense therapeutic
marijuana that demonstrate that the applicant has the financial capacity to operate a
therapeutic marijuana pharmacy and ability to maintain an escrow account in a
financial institution headquartered in Louisiana in an amount of two million dollars.
(5)The limitations on dispensing of raw or crude marijuana.
Proposed law repeals present law.
Present law requires a person who dispenses therapeutic marijuana to record each
dispensation of therapeutic marijuana in the prescription monitoring program established by
present law to track prescription drugs of concern to public safety.
Proposed law repeals present law and requires a permitted marijuana retailer to record each
sale of therapeutic marijuana in the La. Medical Marijuana Tracking System (LMMTS).
Present law provides that any person who dispenses therapeutic marijuana shall comply with
the reporting requirements of the prescription monitoring program.
Propose law modifies present law to require any person who sells therapeutic marijuana to
comply with the reporting requirements of the LMMTS.
Proposed law requires each retailer permitted to sell therapeutic marijuana to appoint at least
one pharmacist residing in La. who has a an unrestricted license with LBP and who shall be
responsible for the operation of the primary retail location and any satellite locations.
Proposed law further provides that the pharmacist shall be considered on duty when
accessible to employees and agents of the primary and satellite location through telephonic
means during open hours and available by telephone or video conference for a patient
consultation during open hours.
Present law provides that the LBP shall develop an annual license for a pharmacy to dispense
therapeutic marijuana and shall limit licenses granted in this state to no more than ten
licenses.
Proposed law provides that LDH shall issue an annual retail permit to sell therapeutic
marijuana and shall limit permits granted in this state to no more than ten.
Present law provides that LBP shall award one license to operate a marijuana pharmacy per
administrative health region, as determined by LDH, through a competitive bid process.
Proposed law provides that LDH shall award one retail permit to operate a marijuana retail
location per administrative health region, as determined by LDH, through a competitive bid
process.
Present law provides that one additional license shall be granted to the region with the
highest population density as of August 1, 2022. Present law further provides that LBP shall
consider the status of an applicant as a minority-, woman-, or veteran-owned business as a
primary factor in awarding a license.
Proposed law repeals present law.
Proposed law states that LDH shall renew a retail permit to operate a marijuana retail
location annually unless any of the following occur:
(1)After written notice from LDH and failure of the retail permit holder to cure a defect
within 30 days following receipt of the notice, a retail permit holder fails to comply
proper application procedure or fails to pay fees.
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(2)A retail permit holder voluntarily returns or remits his permit to LDH.
Present law allows the transfer of a membership interest in an entity operating a therapeutic
marijuana pharmacy only with LBP's approval in the manner required for the transfer of a
membership interest in any other pharmacy licensed by LBP.
Proposed law repeals present law and allows the transfer of a membership interest in an
entity that holds a marijuana retail permit without the approval of LDH.
Present law permits a therapeutic marijuana pharmacy licensee to open satellite pharmacies
once the number of active patient's reaches a certain number according to the prescription
monitoring program.
Proposed law removes present law reference to the prescription monitoring program.
Present law allows a licensed therapeutic marijuana pharmacy licensee to open a maximum
of two satellite pharmacies without requiring the licensee to obtain another license. Present
law further provides that no region shall have more than two satellite locations and that there
shall be no more than 30 satellite locations in the state.
Proposed law retains present law and changes references from licensed therapeutic marijuana
pharmacies to retail permit holder.
Present law provides that no therapeutic marijuana pharmacy may be located with in a certain
distance of another license holder's therapeutic marijuana pharmacy.
Proposed law retains present law and adds that the retail permit holders impacted may agree
to waive the minimum distance provisions of present law.
Present law establishes a sunset provision for the therapeutic marijuana program to terminate
on January 1, 2025.
Proposed law extends the termination date to July 1, 2030.
Proposed law provides that the regulatory authority for therapeutic marijuana shall be
transferred from LBP to LDH effective Jan. 1, 2025. Proposed law further provides that
LDH shall promulgate rules prior to the transfer date.
Proposed law provides that LDH shall allow the continued wholesale purchase, sale, and
delivery of therapeutic marijuana by retail permit holders until such times as LDH adopts all
necessary rules.
Proposed law provides that entities licensed to dispense therapeutic marijuana as a pharmacy
shall have their license transferred to LDH and converted into a retail permit to sell
therapeutic marijuana.
Effective Jan. 1, 2025.
(Amends R.S. 40:966(F)(2)-(5) and (8)(b)(i) and (c), 1046(A)(1), (3), (5), and (7), (C)(1) and
(2)(c), (g), and (i), (D), (E), (F), (G)(1), (2), (3)(a)-(d), and (4)-(7), (H)(6)(a)(intro. para.) and
(vi), and (L), 1046.1(A), (B), (C)(1), (2)(a)(intro. para.) and (b), (D), (E), and (F)(intro.
para.), 1046.2(F)(intro. para.), (1), and (2)(intro. para.) and (b), (G)(intro. para.) and (1),
(I)(intro. para.), (1)(intro. para.) and (b), (2), and (3), and 1046.4(B); Repeals R.S.
40:1046(C)(2)(a), (f), and (j) through (l))
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