Louisiana Moves Toward Passing Workable Medical Cannabis Program

By Omar Sacirbey

Louisiana is moving toward becoming the nations 25th state to create a workable medical marijuana program, which would position it as an MMJ beachhead in the South.

State lawmakers this week passed legislation that removes a major impediment to a legalized medical marijuana market in Louisiana.

They still must also pass a related bill before the program is workable, but thats expected to happen within the next week or so.

If Louisiana passes both bills, then it would be the first state in the South to do that, and thats exciting, Maggie Ellinger-Locke, a Louisiana policy analyst for the Marijuana Policy Project, said. That will show other people in the region that legalization can get done, even in the South.

Florida voters will decide on an MMJ ballot initiative in November. Polls show the measure has overwhelming support.

Louisiana technically legalized medical marijuana decades ago, but it didnt approve home growing or any way to produce and distribute cannabis.

Last year, the state passed a bill to set up a small MMJ industry, but the program again was seen as unworkable because it stipulates that doctors prescribe medical cannabis rather than recommend it.Physicians who write prescriptions for federally illegal substances can lose their Drug Enforcement Administration licenses and face criminal prosecution, so it was highly doubtful any would do so in Louisiana.

Limited Market Opportunities

The two bills moving forward now would fix that issue, butthey contain few regulatory details. That would leave state regulators with most of the work of drafting rules governing any MMJ program.

Assuming the program does launch, the market opportunities for marijuana businesses and entrepreneurs will likely be limited.

Only one marijuana cultivator would be allowed to operate and thats only

The new bill states that doctors can recommend medical marijuana, a change that would allow physicians to help patients access MMJ without fear of prosecution and losing their DEA license.

The bill, however, doesnt remove the threat of prosecution for possession of marijuana, said the MPPs Ellinger-Locke. That means patients and others could still be arrested under state law for possession of marijuana.

SB 271 by itself is not sufficient to establish a workable program, said Ellinger-Locke. A program cant function when people can still be prosecuted.

For the program to become workable, lawmakers must pass SB 180, a two-page bill that would give patients and people in the marijuana industry immunity from prosecution for licensed marijuana activity.

Passage Expected Soon

House lawmakers will likely take action on the bill this week or next, said Ellinger-Locke, who expects the bill to pass and the governor to sign it. Lawmakershave until June 6, when the legislative session ends.

Assuming the bills are signed into law, it will be a while before opportunities become available and even those will be limited.

A critical factor will be decided by Sept. 1, when Louisiana State University and Southern University will announce whether theyll accept the opportunity to produce medical cannabis. Under SB271, the two schools get the first crack at growing medical marijuana.

If the schools say no thanks, state regulators would award a single cultivation license to a private-sector grower.

The bill does not mention anything about application or licensing fees, whether the application process will be open to out-of-state applicants, and who will be eligible to apply.

It does state that the eventual grow ...