MARIJUANA: LOUISIANA

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Hi, Alan.  Nice weed, bro.

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Current Law

Louisiana Further Expands Medical Marijuana Program Despite Federal Cannabis Prohibition
Bill Link: HB137
Effective Date: 6/13/2022
Overview: Louisiana Gov. John Bel Edwards signed two bills into law that will expand the state’s medical marijuana program despite ongoing federal cannabis prohibition.

Together, the two new laws will allow medical marijuana patients from outside Louisiana to obtain medicinal cannabis in the state.

Under Louisiana law, a medical marijuana card holder is exempt from prosecution under the state’s marijuana laws. HB137 extends this exemption to medical marijuana card holders from other states.

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Louisiana Further Expands Medical Marijuana Program Despite Federal Cannabis Prohibition

Bill Link: HB135
Effective Date: 6/13/2022
Overview: Louisiana Gov. John Bel Edwards signed two bills into law that will expand the state’s medical marijuana program despite ongoing federal cannabis prohibition.

Together, the two new laws will allow medical marijuana patients from outside Louisiana to obtain medicinal cannabis in the state.

Under HB135, medical marijuana patients in “actual possession” of a valid medical marijuana registry identification card issued under the medical marijuana laws of another state can obtain medical marijuana from a cannabis pharmacy in Louisiana.

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Louisiana Decriminalizes Marijuana Possession Despite Federal Prohibition

Bill Link: HB391
Effective Date: 1/1/2021
Overview: A Louisiana law that will significantly expand the state’s medical marijuana program went into effect despite federal cannabis prohibition.

Under the new law, medical marijuana patients can access smokable products. Under the old program, patients could only vaporize cannabis preparations using a “metered-dose inhaler,” but they could not purchase whole-plant flower. Smoking marijuana was illegal under the old law, even for qualified patients.

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Louisiana Decriminalizes Marijuana Possession Despite Federal Prohibition

Bill Link: HB652
Effective Date: 8/1/2020
Overview: A Louisiana law decriminalizing the possession of small amounts of marijuana went into effect despite ongoing federal cannabis prohibition.

Under the new law, possession of up to 14 grams of marijuana is punishable by a fine of up to $100 with no threat of jail time.

In his signing statement, Bell downplayed the law, saying “contrary to the narrative developed in the press and elsewhere, [HB652] does not decriminalize small amounts of marijuana.” But as Marijuana Moment noted, “replacing the threat of incarceration with a modest fine does fit the definition of decriminalization used by reform advocates.”

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Three Louisiana Laws Expand Medical Marijuana Despite Federal Prohibition

Bill Link: HB819
Effective Date: 8/1/2020
Overview: Three Louisiana laws went into effect that expand the state’s medical-marijuana program despite federal prohibition.

House Bill 819 (HB819) gives physicians complete discretion in recommending medical marijuana to their patients. As introduced, the legislation added traumatic brain injuries and concussions to the list of conditions that qualify a patient for medical marijuana. A House committee expanded the bill to allow doctors to recommend medicinal cannabis to patients for any debilitating condition that they deem fit. A Senate amendment requires dispensaries to record medical marijuana purchases in the state prescription monitoring program database.

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Three Louisiana Laws Expand Medical Marijuana Despite Federal Prohibition

Bill Link: HB418
Effective Date: 8/1/2020
Overview: Three Louisiana laws went into effect that expand the state’s medical-marijuana program despite federal prohibition.

Under House Bill 418 (HB418), any physician who recommends medical marijuana to a patient and any facility that is licensed by the Louisiana Department of Health that has patients in its care using medical marijuana under state law are exempt from prosecution under the state’s marijuana laws. In effect, the law ensures physicians recommending medical marijuana will be shielded from state prosecution.

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Three Louisiana Laws Expand Medical Marijuana Despite Federal Prohibition

Bill Link: HB211
Effective Date: 8/1/2020
Overview: Three Louisiana laws went into effect that expand the state’s medical-marijuana program despite federal prohibition.

House Bill 211 (HB211) protects banks and credit unions that service cannabis businesses from being penalized by state regulators. The new statute prohibits regulators from taking any action to discourage financial institutions in the state from servicing legitimate medical marijuana businesses, or from levying any penalties against banks or credit unions serving medical marijuana businesses.

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Louisiana Laws Expand Medical Marijuana Program Despite Federal Prohibition

Bill Link: HB823
Effective Date: 8/1/2018
Overview: A law that expand the state’s medical marijuana program and further nullify federal cannabis prohibition in the Pelican State went into effect on August 1, 2018.

The new law prevents the state’s medical marijuana program from expiring in 2020, as called for under the law as it was originally written.

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Louisiana Laws Expand Medical Marijuana Program Despite Federal Prohibition
Bill Link: HB579
Effective Date: 8/1/2018
Overview: A law that expand the state’s medical marijuana program and further nullify federal cannabis prohibition in the Pelican State went into effect on August 1, 2018.

The new law expands access to medical marijuana to individuals suffering from glaucoma, severe muscle spasms, intractable pain, Parkinson’s disease and post-traumatic stress disorder.

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Louisiana Medical Marijuana Law Shields Patients and Caregivers from Prosecution

Bill Link: SB180
Effective Date: 8/1/2016
Overview: A Louisiana law specifically exempting medical marijuana patients and caregivers from state prosecution goes into effect. It contains simple and straight-forward language making it clear that medical marijuana patients and providers will not be subject to criminal penalties under Louisiana state law as long as they abide by the existing rules and regulations set forth by the legislature. It reads, in part:

Any person who is a patient of the state-sponsored medical marijuana program in Louisiana, and who possesses medical marijuana…, a caregiver…, or any person who is a domiciliary parent of a minor child who possesses medical marijuana on behalf of his minor child… for a condition enumerated therein pursuant to a legitimate medical marijuana prescription or recommendation, shall not be subject to prosecution for possession or distribution of marijuana under this Section for possessing medical marijuana or dispensing medical marijuana to his minor child who is a patient of the state-sponsored medical marijuana program.

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Louisiana Medical Marijuana Law Shields Patients and Caregivers from Prosecution

Bill Link: SB271
Effective Date: 8/1/2016
Overview: A Louisiana law specifically exempting medical marijuana patients and caregivers from state prosecution goes into effect. Along with another measure that was signed into law earlier this year, this gives Louisiana a basis for a functional medical marijuana program, setting the foundation to nullify federal prohibition in effect.

SB271 was signed into law by Gov. Edwards on May 19 and went into immediate effect. These two measures, combined, correct many of the problems inherent in existing medical marijuana program in the state. The Louisiana legislature legalized medical marijuana last year, but the program never got off the ground due to a poorly worded statute. Because of these two new laws, certain patients will have access to a proven option to treat their illnesses.

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Watch This

4 Essential Steps to Nullify Federal Gun Control

All gun control is a violation of your natural right to keep and bear arms. But the ATF and their partners in local law enforcement aren’t going to stop themselves. When it comes to violations from the federal government, it takes sound strategy – and a lot of fortitude and perseverance on the part of the people. (podcast here)

Essential Reading

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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged.

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.