Licensed cannabis cultivation in Terrebonne Parish is legal if intended for medical use in accordance with the Alison Neustrom Act of 2015, also called Act 261 of the State of Louisiana. This was eventually amended by Act 424 in 2021 and by Act 491, Act 492, and Act 628 in 2022.
The State of Louisiana’s Medical Marijuana Program was established by Act 261. The licensing and regulation of medical cannabis businesses doing medical cannabis crop cultivation and medical cannabis product manufacturing were assigned to the Louisiana Department of Agriculture and Forestry (LDAF) until July 31, 2022, but were reassigned to the Louisiana Department of Health (LDH) starting August 1, 2022.
Louisiana Administrative Code (LAC) 51:XXIX:101-907 cites that there are only two medical cannabis cultivation and manufacturing licensees in the state, and these are the Southern University Agricultural Center and the Louisiana State University Agricultural Center. They were given priority by Act 261 but their licenses must be renewed yearly on July 1.
Each licensee is allowed to appoint one company to undertake on its behalf all activities related to medical cannabis cultivation and manufacturing. Each appointee is required to apply for a permit from the LDH and pay the $100,000 annual fee.
All medical cannabis cultivation must be done by permittees away from the public’s view and in facilities that are fully enclosed. No odors must be detected from outside the facility. The LDH may inspect each facility twice or more often within each fiscal year.
The medical cannabis cultivation facility must be locked and must implement a security system that has alarms and video surveillance that includes audio. Footage must be stamped with the date and time and must be retained for 30 days or more. Only authorized individuals must be allowed to enter. If any guests are received, they must be escorted during their stay by facility staff.
An inventory system is required for each medical cannabis cultivation facility and this must be linked with the Louisiana Medical Marijuana Tracking System (LMMTS). Every purchase, sale, transfer, or disposal of medical cannabis must be reported by the permittee on the system within 24 hours. Weekly updates must be made on the system for other medical cannabis cultivation activities and information.
Licensed medical cannabis product manufacturing in Terrebonne Parish is legal under Act 261 of the State of Louisiana and its succeeding amendments. As stated above, there are only two licensees, with each one authorized to choose a cultivation and manufacturing appointee. The appointee can start manufacturing medical cannabis products only after acquiring an LDH permit. All the requirements and regulations discussed above are applicable.
Additionally, LAC 51:XXIX:101-907 mandates the testing of random samples from all medical cannabis products produced by medical cannabis manufacturing permittees by a laboratory certified by the LDH. The permittee must remove the samples before the product batch is apportioned or packaged. No batch of medical cannabis products may be sold until after it has earned a passing certificate of analysis that the laboratory has submitted to the LDH. Failure of a batch means it needs to be remediated and retested. A second failure means the whole batch must be deemed as medical cannabis waste and destroyed.
The packaging of all medical cannabis and medical cannabis products must be pre-approved by the LDH and must be light-resistant, tamper-proof, and childproof, according to LAC 7:XLIX:2903. A package that contains several servings must be resealable and still be childproof after it is resealed. Packages and labels are prohibited from looking similar to commercial food products, and must not appeal to children. There must be no image on the package or label that may imply that the item is endorsed by the state, parish, or municipality.
Licensed medical cannabis retail in Terrebonne Parish is legal as stipulated by the State of Louisiana’s Act 261 and its amendments. A therapeutic marijuana pharmacy permit must be obtained by a medical cannabis retail business from the Louisiana Board of Pharmacy to be authorized to sell medical cannabis and medical cannabis products to certified patients and their caregivers by retail. Moreover, licensed therapeutic marijuana pharmacies are allowed by Louisiana Revised Statute (RS) 40: 1046.1 to sell these to holders of medical cannabis cards or equivalent authorizations from other U.S. states when they visit the State of Louisiana.
Therapeutic marijuana pharmacy permit applications closed on September 4, 2022. As of July 2023, 10 permits were already issued by the Board of Pharmacy, with one located in the City of Houma in Terrebonne Parish.
The Board of Pharmacy will allow the therapeutic marijuana pharmacy licensee in a region of the state to establish a satellite location only if there are already 3,500 qualified and actively purchasing medical cannabis patients listed for the region in the Prescription Monitoring Program (PMP). A third location will be allowed for the licensee if its primary and satellite sites are each serving 3,500 qualified and active medical cannabis patients. The Board, however, puts a cap of 30 licensed therapeutic marijuana pharmacy sites to be allowed throughout the state.
In regions with a parish population lower than 350,000, a separation of 15 miles is required between licensed therapeutic marijuana pharmacies. If the region has a parish population larger than 350,000, the mandated separation between licensed pharmacies is lowered to 10 miles. In regions with a municipality of more than 350,000 people, the distance between licensed pharmacies may be as short as five miles.
A licensed therapeutic marijuana pharmacy is authorized by LAC Title 46 Part LIII to sell the following medical cannabis products that licensed manufacturers are authorized to process, in addition to raw medical cannabis:
The 2021 Annual Report of the Medical Marijuana Program shows that medical cannabis concentrates and syringes are also sold in licensed therapeutic marijuana pharmacies.
According to Act 424, every 14 days, a certified patient or caregiver may only purchase a maximum of 2.5 ounces or 71 grams of raw medical cannabis. If the certified patient is younger than 21 years old, though, the purchase of raw medical cannabis requires specific approval in the patient’s certification.
The licensed therapeutic marijuana pharmacy is mandated to check each certified patient’s PMP record prior to a sale. The pharmacist must contact the patient’s recommending clinician if any questions arise.
Act 491 of the State of Louisiana requires each licensed therapeutic marijuana pharmacy to deliver medical cannabis and medical cannabis products to certified patients and their caregivers in Terrebonne Parish once a month, at the minimum.
Also, Act 491 allows the transport of medical cannabis and medical cannabis products between the facilities owned by medical cannabis permittees, to and from medical cannabis testing laboratories, and to licensed therapeutic marijuana pharmacies.
The State of Louisiana is not issuing medical cannabis cards. RS 40:1046 only requires residents of Terrebonne Parish to get a recommendation from an authorized clinician to qualify for medical cannabis treatment under the Medical Marijuana Program and purchase medical cannabis and medical cannabis products.
Any of the following state-licensed health professionals is considered a qualified clinician:
The recommendation will be issued by the qualified clinician for a patient who is found to have one of the following illnesses:
If the patient with autism spectrum disorder is younger than 18, the qualified clinician must consult a pediatrician specializing in the condition before issuing a recommendation.
More information may be sought from:
Medical Marijuana Program
628 N. 4th Street
Baton Rouge, LA 70802
Phone: 225-342-7533
Act 492 of the State of Louisiana charges a monthly fee from medical cannabis cultivation and manufacturing permittees, payable to the Louisiana Department of Revenue (LDR) and used for the Medical Marijuana Program. The fee is 7% of their medical cannabis and medical cannabis product gross sales to licensed therapeutic marijuana pharmacies.
The Medical Marijuana Program‘s 2021 Annual Report shows that in that year, the collections from medical cannabis fees reached $208,919.90, but it was not enough to cover the $752,040.19 Program expenses even with the State General Fund (SGF) contribution of $523,700.
Medical cannabis was legalized in Terrebonne Parish in 2015.
Data sent by the Terrebonne 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 57 marijuana possession arrests and 25 marijuana sales arrests, totaling 82 marijuana offense arrests.
In 2016, a year after the legalization of medical cannabis, there were 144 marijuana possession arrests and 127 marijuana sales arrests, totaling 271 marijuana offense arrests.
In 2018, there were 112 marijuana possession arrests and 78 marijuana sales arrests, totaling 190 marijuana offense arrests.
In 2021, the latest data showed 301 marijuana possession arrests and nine marijuana sales arrests, totaling 310 marijuana offense arrests.
In those years, the number of DUI arrests was as follows: