Section 40:1046.1 - [Effective 1/1/2025] Sale of marijuana for therapeutic use to visiting qualifying patientsA. As used in this Part, the following terms have the meaning ascribed in this Subsection:(1) "Debilitating medical condition" has the meaning ascribed in R.S. 40:1046(A)(2)(a).
(2) "Department" means the Louisiana Department of Health. (3) "Medical marijuana" means marijuana for therapeutic use produced pursuant to the provisions of R.S. 40:1046(H).(4) " LMMTS" means the electronic seed-to-sale tracking system approved by the department .(5) "Visiting qualifying patient" means a patient with a debilitating medical condition who is not a resident of Louisiana or who has been a resident of Louisiana for less than thirty days and who is in actual possession of a valid medical marijuana registry identification card, or its equivalent, which has been issued under the medical marijuana laws of another state, district, territory, commonwealth, or insular possession of the United States.B. A visiting qualifying patient may obtain medical marijuana from a marijuana retail permit holder upon producing evidence of his valid medical marijuana registry identification card, or its equivalent, which has been issued under the medical marijuana laws of another state, district, territory, commonwealth, or insular possession of the United States.C.(1) A marijuana retail permit holder shall require each visiting qualifying patient to certify on a form approved by the department that he has been diagnosed by a authorized clinician with one or more debilitating medical conditions. The form shall include the full name, address, and phone number of the visiting qualifying patient and shall include a statement to be signed by the patient by which he shall attest that he will not divert to any person any medical marijuana sold to him by the marijuana retail permit holder.(2)(a) A marijuana retail permit holder shall retain a copy of each of the following documents received from a visiting qualifying patient: (i) The patient's valid medical marijuana registry identification card or its equivalent.(ii) The patient's valid driver's license or other government-issued photo identification document.(iii) The original, completed, and signed form provided for in Paragraph (1) of this Subsection.(b) The department shall promulgate in accordance with the Administrative Procedure Act a record retention schedule for marijuana retail permit holders which applies to the documents identified in this Paragraph.D. Prior to dispensing any medical marijuana product to a visiting qualifying patient, a pharmacist or the pharmacist's designee at a marijuana retail location shall review the patient's records in the LMMTS. The pharmacist or the pharmacist's designee shall resolve any concerns identified in the review of the patient's records by consultation with the patient's physician.E. Upon sale of any medical marijuana product to a visiting qualifying patient, the pharmacist or the pharmacist's designee at a marijuana retail location shall report that transaction to the LMMTS . F. No marijuana retail permit holder shall sell medical marijuana to a person who holds himself out to be a visiting qualifying patient if the pharmacist or the pharmacist's designee at the retail location determines any of the following with respect to that person: (1) The person's medical marijuana registry identification card was revoked, has expired, or is otherwise not valid and current.(2) The person's medical marijuana registry identification card was fraudulently obtained.(3) The person's application or written certifications were falsified in any way.(4) The person knowingly violated any law of this state applicable to medical marijuana.Amended by Acts 2024, No. 693,s. 1, eff. 1/1/2025.Added by Acts 2022, No. 491,s. 1, eff. 8/1/2022.This section is set out more than once due to postponed, multiple, or conflicting amendments.