Louisiana

Medical cannabis is legal in Louisiana; however, Louisiana’s medical program authorizes only two state universities to cultivate medical cannabis, which registered patients can access at one of only nine pharmacies controlled by the state Board of Pharmacy. This narrow policy framework provides patients with extremely limited access, leaving most patients without the opportunity to obtain medicine. Legal protections for patients were not established until 2016 through the passing of SB 271 and SB 180. In 2021, state lawmakers finally allowed Louisiana patients to access smokable forms of medical cannabis. There is no reciprocity for out of state patients in Louisiana. In 2020, with Governor Edwards signing HB 819 into law. The bill eliminated the state’s list of qualifying conditions, allowing doctors to recommend cannabis to patients as they see fit. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how Louisiana fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Louisiana can be found below. For policy updates sign up here.

Patient Rights and Civil Protections	70/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 Employment Protections 20/20 DUI Protections 0/10 Explicit Privacy Standards 5/5
Access to Medicine	41/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 10/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 1/30 Reciprocity 20/20
Program Functionality	56/100
Legal Protections Within Reasonable Time Frame 10/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 8/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 3/5 - Background Checks 2/2 - Number of Caregivers 1/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	30/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 10/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	45/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 10/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 10/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	72/200
Cultivation Operations 18.5/50 Quality Management Systems 2.5/10 Staff Training 5/10 Standard Operating Procedures 5/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 1/2 Required Testing 0/8 - Cannabinoids 0/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 1/3 - Cannabinoids 0/1 - Terpenes 0/1 - Pesticides 1/1 Complaints, Adverse Event Reporting, and Recall Protocol 2/7 Manufacturing Operations 24.5/50 Quality Management Systems 2.5/10 Staff Training 5/10 Standard Operating Procedures 5/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 7/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 1/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 2/5 Dispensary Operations 0/50 Staff Training 0/20 Standard Operating Procedures 0/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 29.5/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 2/4 Quality Management Systems 3.5/5 Staff Training 10/20 Standard Operating Procedures 0/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 0/1 - Sample Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Result Reporting 4/4
Score Penalties	15/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 15/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.