New changes are improving the lives of medical marijuana patients in Louisiana

Louisiana’s medical marijuana program was once notoriously dysfunctional and difficult for patients and providers alike. But in recent years the state has made much-lauded changes for the better – adding new rules last month that offer more protections for patients as well as broader access to medicines for those who need it most.

On August 1, 2022, new changes to Louisiana’s medical marijuana laws went into effect. The new rules will allow more dispensaries in Louisiana (up to 30 locations), help reduce unfair, groundless home searches by law enforcement and move oversight of the medicinal cannabis program from the Department of Agriculture and Forestry to the Louisiana Department of Health transfer.

The smell of cannabis is no longer a likely cause

As of Aug. 1, Louisiana law enforcement officers cannot search a person’s home simply for the smell of marijuana. This new law could curb the practice of arresting and discriminating against people on the mere suspicion of the presence of marijuana.

According to a research report by the ACLU (American Civil Liberties Union), African Americans in Louisiana are 3.4 times more likely to be arrested for marijuana possession than white residents, despite similar usage rates. Louisiana is called the “prison capital” of the world because the state historically incarcerates more residents than any other place in the world.

The top five Louisiana communities for arrests of African American marijuana-possessors include East Baton Rouge Parish, St. Bernard Parish, Acadia Parish and Natchitoches Parish.

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Protective measures for workers who are patients

In addition to the new laws, medicinal cannabis patients must not be discriminated against when seeking employment or employment if cannabis is found in their drug test sample.

This change does not apply to law enforcement, firefighters, and other public safety officials.

This particular change in law is an additional layer of protection for professionals who hold medical marijuana credentials in Louisiana.

Recommendations from other medical professionals

Until now, only doctors could recommend medicinal cannabis to their patients. Legislative changes now allow nurses and medical psychologists to recommend medicinal cannabis and sign the documents that bring new patients into the state system.

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How to qualify for medical cannabis in Louisiana

More pharmacies are on the way

Governor John Bel Edwards also signed amended House Bill 697, which secures a 10th retail license for the most densely populated region through the Louisiana Board of Pharmacy. Additionally, licensed retailers are permitted to open up to two additional satellite pharmacy locations in the same region after meeting certain patient population requirements.

The Board of Pharmacy must consider unserved populations during this process. Depending on a region’s population, dispensary locations must be at least 10 to 15 miles apart. The Louisiana Board of Pharmacy must also prioritize blacks, women, and veterans as their prime applicants for new medical marijuana dispensary licenses.

In addition, patients can now be delivered to their homes at least once a month by caregivers in their area.

Good news for patients and providers

dr James Thibodeaux, a physician who works at Medicis Pharmacy in Lake Charles, Louisiana, is pleased that the state is expanding the medical marijuana program.

“Nursing practitioners and medical psychologists can now make recommendations [medical cannabis] for their patients,” he said. “Many patients see these medical professionals more often than their own [primary care providers] so that they can be approved even more easily. Our state growers can now use private labs for testing instead of just using the Louisiana Department of Agriculture and Forestry.” Thibodeaux said he expects expanded access to private labs with shorter wait times for test results.

Thibodeaux said out-of-state medical marijuana patients can now obtain medical marijuana in Louisiana with their current card/physician referral. This lowers an inconvenience barrier for out-of-state patients.

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More pharmacies to help more patients

When asked about the future of equitable access to medical marijuana, Thibodeaux was optimistic. “I believe medical marijuana will be even more accessible once the satellite sites open,” he said. “We are currently open six days a week and offer free delivery every day. Caregivers were always able to pick up for patients.”

Medical marijuana patients in Louisiana are allowed to purchase up to 2.5 ounces of flower every 14 days and a 90-day supply of all non-flower products. “While all of this has made medical marijuana fairly accessible,” Thibodeaux said, “the expansion with satellite dispensaries will make it even easier for our patients.”

Thibodeaux’s operation, Medicis Pharmacy, plans to soon open its second location along the I-10 corridor in southwest Louisiana.

Still waiting for the reform of the “habitual offender”.

One of the most important changes to Louisiana’s marijuana laws is still unresolved.

The state of Louisiana maintains a habitual offender statute that increases the sentences and time in prison a person must serve if they are a repeat offender.

For example, if an adult is arrested for possessing two ounces of marijuana in Lafayette Township (a misdemeanor), they can be sentenced to six months in prison and a fine of up to $500. What if the same adult continues down this path and is convicted a third time? They face up to two years in prison and a fine of up to $2,500.

Black Americans are disproportionately disadvantaged, accounting for 79% of those convicted of common offenders in the state of Louisiana.

In March 2022, State Rep. Edmond Jordan (D) sponsored House Bill 676. This bill would remove petty cannabis possession from being considered a “habitual offender” by requiring any person found guilty of possession of less than 56 grams (two ounces) Cannabis convicts will no longer be convicted as habitual offenders. Unfortunately, the bill was introduced and died in committee.

Leafly will continue to track progress on both the marijuana law and judicial reform in Louisiana in the coming months. Stay tuned.

More about marijuana in Louisiana

Quinn Foster

Quinn Foster is from Houston and identifies as an Afro-Creole part of the LGBTQ community. He is also a longtime cannabis enthusiast. In his writing, Quinn shows intersectionality with activism, creative arts, travel and music culture.

Check out Quinn Foster’s articles

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