§ 40:1046.2 — Licensees; minimum standards

Louisiana § 40:1046.2

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1046.2. Licensees; minimum standards
A. The licensee to cultivate, extract, process, produce, and transport therapeutic
marijuana shall be subject to oversight and inspections by the Louisiana Department of
Health as provided in this Section.
B. Initial inspections of facilities shall be conducted in accordance with the following
procedures and requirements:
(1) Prior to commencement of operations, the Louisiana Department of Health shall
conduct an initial inspection of the facility, limited strictly to a determination of the
following:
(a) That the facility adheres to all of the following:
(i) Is within a building that has a complete roof enclosure supported by connecting
walls, constructed of solid materials, that extend from the ground to the roof.
(ii) Has a foundation, slab, or equivalent base to which the floor is securely attached.
(iii) Meets performance standards ensuring that cultivation and processing activities
cannot be and are not reasonably perceptible from the structure in terms of common visual
observation, odors, smell, fragrances, or other olfactory stimulus, light pollution, glare,
brightness, adequate ventilation to prevent mold, and noise.
(iv) Provides complete visual screening.
(v) Meets the standards of any applicable state and local electrical, fire, plumbing,
and building specification codes.
(b) That the licensee possesses and maintains accurate, detailed plans and elevation
drawings of all operational areas involved with the cultivation, extraction, processing, and
production of therapeutic marijuana.
(c) That the licensee possesses and maintains a written operations plan, which shall
be limited to standard operating procedures for the cultivation of marijuana in each facility
production area, instructions for making each product produced on the premises, equipment
operations manuals, procedures for conducting necessary safety checks, sanitization
procedures for working surfaces and equipment, quality control procedures, and emergency
preparedness procedures.
(d) That the licensee has connection and access to the Louisiana Medical Marijuana
Tracking System, hereafter referred to in this Section as LMMTS.
(e) That the licensee has security against unauthorized entry via the presence of
operational alarm and video surveillance systems, limited access areas, secure locking
systems, and door controls throughout the facility.
(f) The initial inventory and accuracy of inventory reporting.
(g) The existence of current, complete, and accurate personnel records.
(2)(a) Notwithstanding Paragraph (1) of this Subsection, nothing in this Section shall
be construed to obstruct or impede the lawful activity of any licensee.
(b) The provisions of this Subsection are intended to ensure a reliable, adequate, and
uninterrupted supply of therapeutic marijuana to Louisiana patients.
C.(1) Inspections of facilities other than initial inspections shall be conducted in
accordance with the procedures and requirements provided in Paragraph (2) of this
Subsection.
(2) After a licensee commences producing therapeutic marijuana in an approved
facility, the Louisiana Department of Health shall inspect each facility at least twice annually
to verify the existence or accuracy of the following:
(a) Possession and accuracy of detailed plans and elevation drawings of all
operational areas involved with the cultivation, extraction, processing, and production of
therapeutic marijuana.
(b) Existence and possession of a current written operations plan.
(c) Connection and accessibility to the LMMTS.
(d) Operational alarm and video surveillance systems.
(e) Secure locks throughout the facility.
(f) Controls to limited access areas.
(g) Current, complete, and accurate personnel records.
(h) Biannual inventory reports.
D. All of the following standards and requirements for security shall apply with
respect to facilities:
(1) Any facility alarm or surveillance system shall include the following:
(a) A panic device that sounds an audible alarm and notifies law enforcement.
(b) Surveillance system coverage for all points of ingress and egress to the facility,
including but not limited to doorways, windows, and loading bays.
(c) "Duress" or "hold up" features to enable activation of a silent alarm.
(d) Date- and time-stamped recording of all points of ingress and egress, any limited
access areas including rooms containing a safe, any room in which any part of the disposal
process occurs, and any room or area used to cultivate, extract, process, produce, or store
therapeutic marijuana.
(e) Capabilities including continuous recording, archiving, and at least one on-site
display monitor connected to the system.
(2) Each facility shall maintain on-site security personnel, at a minimum, during
standard United States business hours of eight o'clock a.m. to five o'clock p.m. and shall
maintain off-site, electronic security monitoring at all other times.
(3) All surveillance recordings shall be maintained for a minimum of thirty days and
access to surveillance controls and monitoring shall be limited to specifically authorized
personnel.
(4) Each licensee shall limit access to and post limited-access signage where
marijuana is cultivated, extracted, processed, produced, or stored. Limited access areas shall
remain locked and accessible only by authorized personnel.
(5) Each employee, supervisor, or agent of each licensee shall keep a current
identification card, in a form approved by the department, on his person when present at a
facility.
E. All of the following procedures, restrictions, and authorizations shall apply relative
to visitors at facilities:
(1) Persons who do not possess a licensee identification card shall be issued a visitor
identification badge after signing a log maintained by the licensee that properly identifies the
visitor to the premises. The visitor shall wear the badge for the duration of his time on the
premises, and the visitor shall not be left unaccompanied in any area where marijuana or
marijuana products are present.
(2) Notwithstanding Paragraph (1) of this Subsection, if it is necessary for a visitor
to enter a facility to conduct repairs, maintenance, or other specific duties on the premises,
the visitor may be escorted to the work site and left unaccompanied while completing a job
if that job is not within a limited access area. If it is necessary for a visitor to enter a facility's
limited access area, the visitor shall be escorted to the work area and shall remain
accompanied by facility personnel while the work is being completed in the limited access
area if marijuana or marijuana products are within the limited access area. The visitor may
be left unaccompanied in the limited access area if no marijuana or marijuana products are
within the limited access area while the visitor is present. If the visitor is left unaccompanied
in the limited access area, facility personnel shall ensure that the visitor is under video
surveillance for the duration of the visitor's time spent on the premises.
F. All of the following requirements shall apply with respect to data management by
licensees:
(1) Each licensee shall acquire and maintain all software, hardware, and
communications infrastructure necessary to ensure connectivity to and implementation of the
LMMTS, to track therapeutic marijuana from seed to distribution to an approved laboratory,
to retail permit holders, to another cultivation licensee, or to destruction, tagging each plant
and product with a unique identification number, and entering the number into the LMMTS
for tracking. The licensee shall bear the cost of all expenses related to tracking, tagging, and
implementation of the LMMTS.
(2) Within twenty-four hours of the respective qualifying event, the licensee shall
record the following in the LMMTS:
(a) Any purchase or acquisition of therapeutic marijuana seeds; plants, including
immature plants and seedlings; or derivatives thereof.
(b) The sale, transfer, or transport of therapeutic marijuana or its derivatives to
another licensee, approved laboratory, or therapeutic marijuana retail permit holder.
(c) The disposal of therapeutic marijuana.
(3) Notwithstanding any other provision of this Section, each licensee shall keep all
documents and information required by this Part for at least the current year and the three
preceding calendar years, including but not limited to business records necessary to fully
account for each business transaction conducted by the licensee.
G. All of the following standards and requirements shall apply to the licensees'
inventory:
(1) Each licensee shall maintain a comprehensive inventory of all marijuana,
including without limitation usable marijuana available for sale, mature marijuana plants,
and seedlings at each authorized location. Following an initial inventory, all marijuana shall
be inventoried on a weekly basis.
(2) Any therapeutic marijuana waste product shall be properly weighed and recorded
in the LMMTS and stored in a limited access area of a facility until rendered unusable.
H. Material safety data sheet requirements shall include all of the following:
(1) Any pesticides or chemicals used by a licensee in the production of therapeutic
marijuana shall be used and stored according to the licensee's written operations plan.
(2) Each licensee shall maintain a material safety data sheet in each facility area
where toxic cleaning compounds, sanitizing agents, solvents used in the production of
therapeutic marijuana extracts and concentrates, pesticide chemicals, or other agricultural
chemicals are used or stored.
(3) Each licensee shall record the following information when applying a pesticide
or other agricultural chemical to therapeutic marijuana at any cultivation stage:
(a) The date and time of the pesticide or chemical application.
(b) The name of each individual who applied the pesticide or chemical.
(c) The identification number of all batches receiving the application.
(d) The amount and name of the pesticide or chemical applied, including the United
States Environmental Protection Agency registration number, if any.
I. All of the following requirements shall apply to transportation of therapeutic
marijuana by licensees:
(1) Prior to transporting therapeutic marijuana, a licensee shall generate an inventory
manifest in the LMMTS, including all of the following information:
(a) The name of the licensee originating the transport.
(b) The name of the licensee, approved laboratory, or retail permit holder receiving
the transport.
(c) The quantity by weight or unit of each type of therapeutic marijuana product
contained in the transport.
(d) The date and approximate departure and arrival times for the transport.
(e) The identity of the agent or agents accompanying the transport.
(f) The make, model, and license plate number of the transport delivery vehicle.
(2) The licensee originating the transport shall provide the licensee, approved
laboratory, or retail permit holder receiving the transport with a copy of the LMMTS
inventory manifest, which shall not be altered after departing the originating licensee's
facility.
(3) The licensee, approved laboratory, or retail permit holder receiving the transport
shall record the quantities of all therapeutic marijuana products in the LMMTS. However,
any licensee, approved laboratory, or retail permit holder receiving a therapeutic marijuana
transport shall refuse the transport if it is not accompanied by an unaltered LMMTS
inventory manifest.

Legislative History

Acts 2022, No. 491, §1; Acts 2024, No. 150, §1, eff. May 22, 2024; Acts 2024, No. 693, §1, eff. Jan. 1, 2025.