Cannabis Law inLouisiana

In 1991, Act No. 874 marked a pivotal moment in Louisiana's medical marijuana journey by legalizing its use. However, the wording of the law, specifically the term "prescribe," created a clash with federal law enforcement, leaving doctors in a complex situation. Despite this step, the legislation lacked provisions for distribution, sale, and possession of medical cannabis, presenting challenges for patients in need.

Subsequent legislation, notably SB No. 541, aimed to refine the state's medical marijuana framework. It tasked the Department of Health and Hospitals (DHH) with overseeing the Therapeutic Marijuana Utilization Board and streamlining the licensing of doctors, producers, and pharmacies. Nonetheless, these efforts fell short of effectively delivering medical cannabis to patients, leaving them in a state of uncertainty.

The turning point came in 2016 when Gov. John Bel Edwards signed SB 271 into law, establishing Louisiana as the first Deep South state to develop a comprehensive medical marijuana program. By removing the term "prescribe," the legislation allowed physicians to recommend cannabis to patients, aligning with federal regulations that categorize marijuana as a Schedule I drug. This pivotal move was accompanied by a mandate for medical cannabis to be provided in processed, non-smokable forms and distributed through a limited number of pharmacies. LSU and Southern University were granted the first opportunity to become licensed marijuana production centers, with provisions for an additional producer. However, the program's implementation faced delays due to legislative alterations, supply chain challenges, and a dearth of testing facilities.

In 2018, Louisiana's medical marijuana landscape continued to evolve as Governor Edwards signed HB 579 and HB 627 into law. These bills expanded the range of qualifying conditions for medical cannabis use and empowered LSU and Southern University to conduct research on the medicinal benefits of marijuana. The following year, the Louisiana Board of Medical Examiners abolished a restriction that limited doctors to treating a maximum of 100 patients through the state's medical marijuana program. Additionally, the requirement for patients to renew their medical cannabis orders every 90 days was eliminated.

The year 2020 brought about further changes despite the challenges posed by the global pandemic. Louisiana passed three laws relevant to its medical marijuana program. HB 211, HB 418, and HB 819 collectively aimed to protect medical professionals, hospitals, and patients. HB 819 proved particularly transformative by broadening the list of qualifying conditions and granting physicians the authority to recommend marijuana for any debilitating condition they are qualified to treat, provided they believe the patient will benefit. Louisiana's journey with medical marijuana showcases the gradual evolution of its laws, from the initial hurdles to the progressive changes that have expanded patient access and medical research opportunities. As the legal landscape continues to shift, Louisiana remains a testament to the power of legislative adaptability and the growing recognition of cannabis' potential therapeutic value.