In May 2015, the Louisiana Legislature came a step closer to authorizing pharmacies to dispense medical marijuana to patients in Louisiana. The Louisiana State Senate passed the bill and now it will move to the Louisiana House of Representatives for consideration. If the bill is passed by both houses and signed by Gov. Jindal, anyone who has a prescription could obtain marijuana in a non-smokable form at one of 10 dispensaries in Louisiana. The bill also authorizes one growing site in the state and restricts the use of medical marijuana to those who suffer from glaucoma, spastic quadriplegia and those undergoing chemotherapy treatment for cancer.
Is Medical Marijuana Legal in Louisiana?
Medical Marijuana is legal in Louisiana. It was legalized in 1978 and maintained its legal status in 1991. However, those laws do not provide a way for pharmacists to dispense marijuana to people who have a prescription. The Department of Health and Hospitals was supposed to enact rulings, but it never did. Doctors can legally prescribe weed as medicine, like other narcotics and patients who have prescriptions can use medicinal marijuana if they obtain it legally. Sadly, there is no way for patients to get pot legally in New Orleans.
Senate Bill 143, sponsored by Senator Fred Mills, grants authority to the state boards to set the rules and regulate a small cultivation and dispensary system. Three agencies are in charge: the Louisiana Board of Medical Examiners, Louisiana Board of Pharmacy, and Louisiana Department of Agriculture. Governor Bobby Jindal has stated recently that he is open to signing the legislation as long as there is very tight regulation and Louisiana law enforcement agencies have not opposed the bill.
What Else does This Medical Marijuana Bill Say?
The bill includes a “sunset clause,” which will cause the law to expire in five years automatically. This gives the State an opportunity review the impact of the drug over the next few years. If medical marijuana is successful, they can renew it. If pot proves to be problematic for any reason, the legislature can simply let the law die without a vote.
The bill allows the state to track the sales in order to detect which doctors are prescribing. It also allows the state to track purchasers of marijuana in the same way as pseudoephedrine is tracked.
When will Weed be Legal in Louisiana?
In short, it will be a long time before personal use marijuana will be legal in Louisiana. Even if the House passes the legislation and the governor signs the bill into law, there will still be very strict rules for who can actually access the medical marijuana. We do not know how long the whole process will take, either. The ten dispensaries and growing farm may take some time to get set up, given the very strict regulation that will be put in place. If you are caught illegally possessing, selling or transporting marijuana, you can still go to jail. You should contact a criminal defense lawyer in this case. Crescent City Law is available for a free initial consultation if you do find yourself arrested in New Orleans or Jefferson Parish. You can call (504) 264-9492.
