This text of Louisiana § 40:1046.1 (Sale of marijuana for therapeutic use to visiting qualifying patients) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1046.1. Sale of marijuana for therapeutic use to visiting qualifying patients
A. 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)"LMMTS" means the electronic seed-to-sale tracking system approved by the
department.
(4)"Medical marijuana" means marijuana for therapeutic use produced pursuant to
the provisions of R.S. 40:1046(H).
(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 car
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§1046.1. Sale of marijuana for therapeutic use to visiting qualifying patients
A. 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) "LMMTS" means the electronic seed-to-sale tracking system approved by the
department.
(4) "Medical marijuana" means marijuana for therapeutic use produced pursuant to
the provisions of R.S. 40:1046(H).
(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 the patient has been diagnosed by an
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 the patient shall attest that the
patient 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.