La. Public Health and Safety § 40:1046.1

Current with operative changes from the 2024 Third Special Legislative Session

Section 40:1046.1 - [Effective Until 1/1/2025] Dispensing of marijuana for therapeutic use to visiting qualifying patients

A. As used in this Section, the following terms have the meaning ascribed in this Subsection:

(1) "Board" means the Louisiana Board of Pharmacy.

(2) "Debilitating medical condition" has the meaning ascribed in R.S. 40:1046(A)(2)(a).

(3) "Marijuana pharmacy" means a pharmacy that holds a specialty license to dispense medical marijuana issued pursuant to R.S. 40:1046(G).

(4) "Medical marijuana" means marijuana for therapeutic use produced pursuant to the provisions of R.S. 40:1046(H).

(5) "Prescription monitoring program" means the electronic system for the monitoring of controlled substances and drugs of concern established in R.S. 40:1004.

(6) "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 pharmacy 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.

(1) A marijuana pharmacy shall require each visiting qualifying patient to certify on a form approved by the board that he has been diagnosed by a licensed physician 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 dispensed to him by the marijuana pharmacy.

(2)

(a) A marijuana pharmacy 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 board shall promulgate in accordance with the Administrative Procedure Act a record retention schedule for marijuana pharmacies which applies to the documents identified in this Paragraph.

D. Prior to dispensing any medical marijuana product to a visiting qualifying patient, a dispensing pharmacist at a marijuana pharmacy shall review the patient's records in the prescription monitoring program. The pharmacist shall resolve any concerns identified in the review of the patient's prescription monitoring program records by consultation with the patient's physician.

(1) Upon dispensing any medical marijuana product to a visiting qualifying patient, the dispensing pharmacist at a marijuana pharmacy shall report that transaction to the prescription monitoring program in conformance with program rules governing dispensing of controlled substances to Louisiana-resident patients and as required by any rules of the board that apply to marijuana pharmacies.

(2) The dispensing pharmacist at a marijuana pharmacy shall perform a prospective drug utilization review for each visiting qualifying patient and shall counsel each such patient every time medical marijuana is dispensed to the patient in conformance with rules of the board governing dispensing of controlled substances to Louisiana-resident patients and in compliance with applicable rules of the board on drug utilization review and patient counseling.

F. No marijuana pharmacy shall dispense medical marijuana to a person who holds himself out to be a visiting qualifying patient if the dispensing pharmacist at the pharmacy 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.

La. Public Health and Safety § 40:1046.1

Acts 2022, No. 438, §1.

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.