Licensed cannabis cultivation for medical purposes in Ascension Parish was legalized by the State of Louisiana’s Act 261 or the Alison Neustrom Act which was passed in 2015 and later amended in 2021 by Act 424 and in 2022 by Act 491, Act 492, and Act 628.
Act 261 created the Medical Marijuana Program of the state. Medical cannabis regulation and the licensing of medical cannabis cultivation and manufacturing businesses were under the Louisiana Department of Agriculture and Forestry (LDAF) up to July 31, 2022. On August 1, 2022, these functions were moved to the Louisiana Department of Health (LDH).
According to Louisiana Administrative Code (LAC) 51:XXIX:101-907, only two licenses are granted for medical cannabis cultivation and manufacturing in the State of Louisiana. Act 261 gave priority to the Louisiana State University Agricultural Center and Southern University Agricultural Center. They are required to renew their respective licenses annually, every July 1.
The licensees may each name one appointee to undertake medical cannabis cultivation and manufacturing for them. The appointee must still apply to the LDH for a permit to do so, with an annual fee of $100,000.
Permittees are required to have fully enclosed cultivation facilities, with all activities related to medical cannabis hidden from public sight. The public must not also be able to detect any odors escaping from the cultivation facility. A cultivation facility may be inspected by the LDH not less than twice for every fiscal year.
Medical cannabis cultivation facilities must be protected with locks and a security system with alarms and video and audio surveillance. Recordings must have time and date stamps and must be saved for at least 30 days. Entry to the facility must be restricted to authorized personnel only. Any guests allowed in must be accompanied by facility personnel.
The medical cannabis cultivation facility must also have an inventory system connected with the Louisiana Medical Marijuana Tracking System (LMMTS). Within 24 hours, the permittee must report on the system any medical cannabis sale, purchase, transport, or waste disposal. Other cultivation activities must be reported on the system weekly.
Licensed medical cannabis product manufacturing in Ascension Parish was legalized by the State of Louisiana’s Act 261 and its subsequent amendments. However, only appointees of the two exclusive cultivation and manufacturing licensees are allowed to do so, and only after the appointee has acquired a permit from the LDH. LAC 51:XXIX:101-907 imposes the same requirements for their manufacturing and cultivation facilities, as discussed previously.
The same Administrative Code requires medical cannabis manufacturing permittees to submit to an LDH-certified laboratory random samples from all batches of medical cannabis products for testing. The samples must be taken prior to product apportioning or product packaging. A permittee is not allowed to sell any batch of medical cannabis products until after a passing certificate of analysis has been submitted by the testing laboratory to the LDH. If a batch fails the test, one chance for product remediation is given and the batch must be retested afterward, also through random sampling. A second failure means that the entire batch must be destroyed.
LAC 7:XLIX:2903 requires prior LDH approval for all medical cannabis and medical cannabis product packaging. Packages must be childproof, tamper-proof, and light-resistant. Packages with multiple servings are required to be resealable and must remain childproof after resealing. All packages and labels must not be appealing to children or look like those used on commercially sold food products. No images may be used on medical cannabis and medical cannabis product packaging and labels that may falsely imply that it is recommended by the parish, municipality, or state.
The State of Louisiana’s Act 261 and its succeeding amendments legalized licensed medical cannabis retail in Ascension Parish. To be allowed to sell medical cannabis and its products to certified patients and caregivers, a medical cannabis retail company needs to obtain a therapeutic marijuana pharmacy permit from the Louisiana Board of Pharmacy. In accordance with Louisiana Revised Statute (RS) 40: 1046.1, licensed marijuana pharmacies may also sell to visitors who hold valid medical cannabis cards or the equivalent from other states of the U.S.
The application period for the therapeutic marijuana pharmacy permit ended on September 4, 2022. The Board of Pharmacy issued 10 permits as of July 2023, with none located in Ascension Parish.
In each region of the State of Louisiana, the Board of Pharmacy will allow a medical marijuana pharmacy licensee to set up a satellite location in addition to its primary location only when the number of qualified and active medical cannabis patients in that region reaches 3,500 in the Prescription Monitoring Program (PMP). After this, a second satellite location will be allowed when the primary and secondary locations each have 3,500 qualified medical cannabis patients actively purchasing from them. The total number of licensed therapeutic marijuana pharmacy locations across the state will, however, not be allowed to exceed 30.
There must be at least 15 miles separating licensed therapeutic marijuana pharmacies from each other if the parish population in a region is below 350,000. If the parish population in a region is more than 350,000, the required separation is decreased to 10 miles. If the region contains a municipality populated by more than 350,000 residents, the required separation between licensed therapeutic marijuana pharmacies is further reduced to five miles.
LAC Title 46 Part LIII states that a licensed therapeutic marijuana pharmacy is allowed to sell raw medical cannabis and the medical cannabis products that licensed medical cannabis manufacturers are allowed to process, as follows:
Moreover, as seen in the Medical Marijuana Program’s 2021 Annual Report, licensed therapeutic marijuana pharmacies are also permitted to sell medical cannabis syringes and concentrates.
Act 424 limits the purchase of certified patients and caregivers every 14 days to 71 grams or 2.5 ounces of raw or unprocessed medical cannabis. However, certified patients below 21 years old are prohibited from purchasing raw or unprocessed medical cannabis unless permission is stated in their patient’s certification.
Each certified patient’s PMP record must be checked by the pharmacist of the licensed therapeutic marijuana pharmacy before every sale. If the pharmacist has any questions, the patient’s recommending clinician must be contacted.
Yes, the State of Louisiana’s Act 491 requires licensed therapeutic marijuana pharmacies to provide delivery services of medical cannabis and medical cannabis products to certified patients and caregivers in Ascension Parish at least once a month.
Furthermore, Act 491 allows medical cannabis and medical cannabis product transportation among the facilities of medical cannabis permittees, LDH-certified medical cannabis testing laboratories, and licensed therapeutic marijuana pharmacies.
Residents of Ascension Parish do not need a medical cannabis card since the State of Louisiana does not issue one. In accordance with RS 40:1046, they can qualify for the Medical Marijuana Program’s medical cannabis treatment and purchase medical cannabis and medical cannabis products by acquiring a recommendation from an authorized clinician, who could be one of the following:
A recommendation will be issued by an authorized clinician only if the patient is diagnosed to be suffering from any of the following medical conditions:
A clinician’s recommendation will only be issued for a patient below 18 years old with autism spectrum disorder after consulting with a pediatrician who is a specialist in that condition.
Queries may be sent to the following:
Medical Marijuana Program
628 N. 4th Street
Baton Rouge, LA 70802
Phone: 225-342-7533
Permittees for medical cannabis cultivation and manufacturing are charged by the State of Louisiana’s Act 492 a monthly fee equivalent to 7% of the gross sales of their medical cannabis and medical cannabis products to licensed therapeutic marijuana pharmacies. This is sent to the Louisiana Department of Revenue (LDR) for the implementation of the Medical Marijuana Program.
The 2021 Annual Report of the Medical Marijuana Program stated that a total of $208,919.90 was collected in that year from medical cannabis license fees, background check fees, and employee permit fees. Program expenses, however, totaled $752,040.19 and a deficit remained even if $523,700 was contributed from the State General Fund (SGF).
Medical cannabis was legalized in Ascension Parish in 2015.
Data sent by the Ascension Parish Sheriff's Office to the Crime Explorer page of the FBI shows that in 2014, a year before the legalization of medical cannabis, there were 60 marijuana possession arrests and two marijuana sales arrests, totaling 62 marijuana offense arrests.
In 2016, a year after the legalization of medical cannabis, there were 114 marijuana possession arrests and four marijuana sales arrests, totaling 118 marijuana offense arrests.
In 2019, there were 73 marijuana possession arrests and five marijuana sales arrests, totaling 78 marijuana offense arrests.
In 2021, the latest data showed 225 marijuana possession arrests and 23 marijuana sales arrests, totaling 248 marijuana offense arrests.
The number of DUI arrests in those years was as follows: