Louisiana Marijuana Laws 2024

Louisiana has made considerable progress in developing its marijuana laws, especially regarding therapeutic cannabis use. The state’s regulatory framework provides access to therapeutic marijuana for patients with debilitating conditions while strictly controlling its production and distribution. 

Louisiana began its therapeutic marijuana program with legislation passed in 2015, permitting medical cannabis use under specific conditions. Since then, the state has expanded the program, improving both accessibility and regulation. The Louisiana State University Agricultural Center and Southern University Agricultural Center are key in producing and researching therapeutic marijuana, ensuring high quality and safety standards.

In 2024, House Bill 165, introduced by Rep. Deliesha Boyd, modified the existing Louisiana law to lessen the penalties for possessing or using items intended for marijuana consumption. Specifically, the bill reduces the fine for a first offense from a maximum of $300 to $100 and eliminates potential imprisonment, replacing it with a fine. Penalties for subsequent offenses are also reduced to fines only. These changes apply exclusively to paraphernalia used for personal marijuana consumption.

Regulatory Framework for Legal Cannabis

The Louisiana Department of Agriculture and Forestry (LDAF) oversees the state’s medical marijuana program, ensuring all activities comply with state laws and regulations. The Board of Pharmacy is responsible for the licensing and regulation of dispensaries, while the State Board of Medical Examiners regulates physicians who recommend cannabis for therapeutic use.

Louisiana grants a therapeutic marijuana pharmacy permit as its license for medical cannabis dispensaries. Permit holders can only obtain pharmaceutical-grade marijuana products from producers licensed by the LDAF and sell them to registered medical cannabis patients.

The state’s regulatory framework is designed to ensure therapeutic marijuana is accessible to patients while preventing misuse. Key components of this framework include:

• Production Facilities: Licensed production facilities, primarily operated by Louisiana State University and Southern University, are responsible for cultivating and processing therapeutic cannabis. These facilities must adhere to stringent guidelines to ensure product safety and efficacy.
• Dispensaries: Licensed dispensaries are the only authorized outlets for dispensing therapeutic marijuana to patients. These facilities must comply with strict operational standards set by the Board of Pharmacy.
• Physician Recommendations: Only certified physicians who have completed specific education and training can recommend therapeutic cannabis. This advice must be based on a patient’s diagnosed condition that is debilitating to an individual.

Compliance and Enforcement

Compliance with Louisiana’s marijuana laws is critical for maintaining a legal and operational dispensary. The state has established robust enforcement mechanisms to ensure all participants in the medical marijuana program stick to the legal requirements.

• Cannabis Possession

Patients are allowed to possess up to 14 grams of cannabis per 14-day period. Possession beyond this limit can result in legal penalties, including jail time. Dispensaries must ensure they do not dispense quantities exceeding this limit to any patient.

• Reporting and Tracking

All dispensaries must use Metrc—a state-approved tracking system—to monitor the flow of cannabis from production to sale. This tool helps the Board of Pharmacy track inventory, prevent diversion, and ensure all cannabis products are accounted for. IndicaOnline’s point of sale (POS) system streamlines compliance by offering an integrated solution with Metrc for inventory management, automated reporting, and real-time data updates.

• Inspections and Audits

Dispensaries and production facilities are subject to regular inspections and audits by state regulators, which are aimed at ensuring compliance with all operational and safety standards. Non-compliance can result in fines, license suspension, or even revocation.

Palliative Care and Therapeutic Marijuana

Therapeutic marijuana in Louisiana is primarily intended for patients with conditions that are debilitating to an individual, including those requiring palliative care. The inclusion of therapeutic cannabis in palliative care programs has shown promise in improving the quality of life for patients with such severe, chronic conditions as these: 

• Cancer
• Glaucoma
• Parkinson’s disease
• Severe muscle spasms
• Intractable pain
• Post-traumatic stress disorder (PTSD)
• Epilepsy
• Autism spectrum disorder
• Crohn’s disease
• HIV/AIDS
• Cachexia or wasting syndrome
• Seizure disorders

For a complete list of qualifying conditions, refer to the Louisiana State Legislature‘s official law page.

Certification Process

• Consultation with a Certified Physician:

Patients must first consult with a physician who is licensed and registered with the LDAF. The physician will evaluate the patient’s condition and determine if medical cannabis is an appropriate treatment.

• Physician Recommendation:

An official form must be completed by the physician and should include the patient’s diagnosis and medical records. Once the form has been filled out, the patient must submit it to the LDAF along with a copy of their driver’s license or state ID and a $50 application fee.

If the physician determines that the patient qualifies, they will provide a written recommendation for medical cannabis. This testimonial is essential as it authorizes the patient to obtain medical cannabis from a licensed dispensary.

Privileges Granted by an MMJ Card in Louisiana

A medical marijuana (MMJ) certificate in Louisiana allows patients to legally purchase and possess medical marijuana for their qualifying conditions. Approved forms include extracts, oils, pills, tinctures, solutions, suspensions, chewables, lotions, patches, sprays, suppositories, and vaporization products.

It is important to note that recreational marijuana use remains illegal in Louisiana, and only authorized medical marijuana patients have access.

Holders of an MMJ certificate can possess a maximum supply of medical marijuana, as determined by their physician, for 30 days.

Caregivers for Medical Marijuana Patients in Louisiana

In Louisiana, patients who qualify for a medical marijuana certificate but cannot apply on their own, such as minors under 18 with a qualifying medical condition, can have a parent or legal guardian appointed as a caregiver. The caregiver is responsible for applying for the certificate on the patient’s behalf and assisting with obtaining and administering the medical marijuana.

According to Louisiana law, each patient is allowed to have one designated caregiver, who must be a parent, legal guardian, or an individual authorized by the patient or their legal representative.

Cannabis Retailer Permits in Louisiana

To obtain a cannabis retailer permit in Louisiana, applicants must meet specific eligibility criteria and adhere to strict regulations. Here is a detailed overview based on the latest guidelines for 2024:

General Eligibility Criteria

• Age Requirement: The applicant must be at least 21 years old.
• Premises Requirement: Proof of a valid lease or ownership of the desired retail premises must be provided.
• Location Restrictions: Retail locations cannot be situated in drug-free zones.

Restrictions for Retail License Holders

• Sales Limitations: A pharmacy permitted to dispense marijuana for medical purposes under this law cannot provide more than two and a half ounces, or seventy-one grams, of unprocessed marijuana to a single patient every fourteen days.
• Online Sales: Selling cannabis or cannabis products over the internet is not allowed.
• Product Restrictions: Retailers cannot sell or give away tobacco, alcohol, or food products.

Louisiana’s Medical Marijuana Consumption Laws

In Louisiana, medical marijuana use is restricted to the patient’s private property or that of their designated caregiver. It is illegal to use medical marijuana in public or on federal property. Employers are not obligated to permit medical marijuana use in the workplace, and some landlords may restrict its use on their property. Patients should verify with their employer or landlord to confirm if medical marijuana use is allowed in those specific areas. Patients should also ensure continuous compliance with local regulations regarding medical marijuana use.

Marijuana Advertising Laws in Louisiana

According to Louisiana marijuana laws, advertising through public media such as newspapers, billboards, television, radio, internet, or social media is prohibited. Promotion is only allowed via direct mail, brochures, or similar methods aimed directly at Louisiana-licensed physicians.

Marijuana pharmacies in Louisiana may advertise their products provided no false or misleading statements are made. For example, they can state that their products have been tested by an approved laboratory. Additionally, up to two exterior signs are allowed on the pharmacy building, each not exceeding 1,600 square inches, identifying the business by its trade name.

Education and Training

Education and training are essential components of Louisiana’s therapeutic marijuana program. The State Board of Medical Examiners mandates that physicians complete specific training before they can recommend cannabis. This ensures that physicians are knowledgeable about the therapeutic benefits and potential risks associated with cannabis use.

Production facility staff and dispensary employees should also undergo rigorous training to ensure they handle cannabis products safely and comply with state regulations. This coaching covers various aspects, including cultivation techniques, product handling, patient interaction, and regulatory compliance.

Navigating Marijuana Laws in Louisiana

Louisiana’s marijuana laws have evolved significantly over the years, providing a robust framework for the therapeutic use of cannabis. Dispensary owners must navigate this complex regulatory landscape to ensure compliance and provide safe, effective products to patients. By adhering to state regulations, obtaining the necessary licenses, and staying informed about legislative developments, dispensary owners can play a crucial role in the success of Louisiana’s therapeutic marijuana program.

Note: It is important to understand that the information provided above is for informational purposes only and should not be considered as legal advice. It is always best to check the state laws and consult with a lawyer if you have any questions or concerns about cannabis laws in Louisiana.