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Louisiana

  • by NORML June 1, 2020

    House and Senate lawmakers have approved a series of bills to facilitate patients’ access to medical cannabis products.

    On Sunday, legislators finalized HB 819, which expands the discretion of physicians so that they can recommend cannabis therapy for “any condition” that he or she “considers debilitating to an individual patient and is qualified through his [or her] medical education and training to treat.” Under the current law, doctors may only recommend medical cannabis products to those patients with a limited number of select conditions, such as HIV and cancer.

    Commenting on the measure, NORML’s Deputy Director Paul Armentano said: “This is common sense legislation that provides physicians, not lawmakers, the ability and discretion to decide what treatment options are best for their patients. Just as doctors are entrusted to make decisions with regard to the supervised use of opioids and other medicines – many of which pose far greater risks to patients than cannabis – the law should provide doctors with similar flexibility when it comes to recommending cannabis therapy to a bona fide patient.”

    If signed into law, Louisiana will join a handful of other states — such as California, Maine, and Virginia –- that have enacted similar measures providing physicians with the ability to recommend medical cannabis preparations to any patient who they believe may benefit from them.

    House and Senate lawmakers also approved House Bill 418, which provides immunity from prosecution to “any facility that is licensed by the Louisiana Department of Health that has patients in its care using medical marijuana.” Legislators also approved HB 211, which seeks to encourage banks and other financial institutions to provide services to state-licensed medical cannabis businesses.

    All three measures now await action from Democratic Gov. John Bel Edwards.

    State lawmakers enacted a limited medical cannabis access law in 2016. However, the program did not become operational until last year.

  • by Paul Armentano, NORML Deputy Director May 27, 2020

    medical cannabis oilSenators on Wednesday passed legislation to significantly expand the pool of patients eligible to qualify for medical cannabis access.

    Members voted 28 to 6 in favor of an amended version of House Bill 819, which expands the discretion of physicians so that they can recommend cannabis therapy for “any condition” that he or she “considers debilitating to an individual patient and is qualified through his [or her] medical education and training to treat.” Under the current law, doctors may only recommend medical cannabis products to those patients with a limited number of select conditions, such as HIV and cancer.

    A handful of states, such as California, Maine, and Virginia, have enacted similar measures providing physicians with the ability to recommend medical cannabis preparations to any patient who they believe may benefit from them.

    Members of the House previously passed the measure by a vote of 77 to 15. As amended by the Senate, state-licensed dispensaries will be mandated to “comply with the reporting requirements of the [state’s] prescription monitoring program.”

    House Bill 819 is scheduled for a concurrence vote on Friday.

    Other bills before the Senate include HB 792, which establishes regulations permitting the home delivery of medical cannabis products to registered patients, and HB 418, which provides immunity from prosecution to “any facility that is licensed by the Louisiana Department of Health that has patients in its care using medical marijuana.”

    The state’s legislative session concludes at 6pm on Monday, June 1, 2020.

  • by Paul Armentano, NORML Deputy Director May 18, 2020

    Marijuana CBD OilHouse lawmakers have overwhelmingly approved two bills to amend the state’s medical marijuana program in a manner that significantly expands patients’ access to cannabis products.

    House Bill 819, which House members passed by a vote of 77 to 15, expands the discretion of physicians so that they can recommend cannabis therapy for “any condition” that he or she “considers debilitating to an individual patient and is qualified through his [or her] medical education and training to treat.” Under the current law, doctors may only recommend medical cannabis products to those patients with a limited number of select conditions, such as HIV and cancer.

    House lawmakers also passed a second bill, House Bill 792, by a vote of 81 to 13. The measure establishes regulations permitting the home delivery of medical cannabis products to registered patients.

    Both measures now await further action by members of the Louisiana Senate. The state’s legislative session concludes at 6pm on Monday, June 1, 2020.

    The state’s medical cannabis program became operational last August.

  • by Paul Armentano, NORML Deputy Director April 5, 2018

    Minor marijuana possession arrests have plunged in the city of New Orleans following the adoption of a municipal ordinance one year ago that called for fining rather than arresting low-level offenders.

    According to data made available last week, just one percent of encounters between police and someone accused of possessing marijuana resulted in an arrest between June 2016 and May 2017. In prior years, over 70 percent of such encounters resulted in an arrest. In those cases, some 75 percent of those arrested were African Americans.

    Under Louisiana state law, minor marijuana possession offenses are punishable by a term of incarceration of up to eight years, depending on whether the person convicted is a repeat offender.

    In March of last year, members of the New Orleans city council voted 7 to 0 in favor of legislation permitting police to cite rather than arrest minor marijuana offenders (defined as those who possess 14 grams or less), including repeat offenders. First-time violators are subject to a $40 fine while subsequent offenders may face fines of up to $100. In recent years, nearly 60 municipalities in states where cannabis remains criminalized have enacted local ordinances either partially or fully decriminalizing minor marijuana possession offenses.

    According to a study published last month by the National Bureau of Economic Research, the enactment of recent statewide decriminalization laws has similarly resulted in a dramatic decrease in marijuana arrests while having no adverse impact on youth use patterns.

  • by Danielle Keane, NORML Associate July 1, 2016

    map_leafFederal lawmakers requested action this week on restoring medical marijuana access to veterans, while proponents in Arizona came one step closer to qualifying to the November ballot. Keep reading to get the latest news and to find out how you can #TakeAction.

    Federal:

    A bipartisan group of 11 lawmakers wrote a letter this week to Congressional leadership urging them to reconsider the Veterans Equal Access Amendment. Majorities in both the US House and Senate voted in May to include the provision as part of the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill. However, Republicans sitting on the House Appropriations Committee decided last week to remove the language from the bill during a concurrence vote. The latest version of the Appropriations bill now awaits action by the Senate.

    A separate coalition of US Senators and representatives also drafted a letter this week to DEA officials calling on the agency to move swiftly to reclassify marijuana under federal law, and to allow private producers to cultivate cannabis for clinical research purposes. “We request that you take immediate action to remove ‘cannabis’ and ‘tetrahydrocannabinols’ from Schedule I. We also ask that you issue a public statement informing the research community that the DEA, in compliance with international obligations, will accept new applications to bulk manufacture cannabis for medical and scientific purposes, to be approved on merit-based criteria,” lawmakers requested. In April, DEA officials pledged to issue guidance on the scheduling of cannabis within the first half of this year, a promise they recent walked back.

    State:

    Arizona: The campaign to legalize the adult use of marijuana in Arizona yesterday turned in more than 200,000 signatures to the Secretary of State’s office. The campaign needs at least 150,000 of those signatures to be certified in order to qualify for this November’s ballot. Under the proposed initiative, those age 21 and older are permitted to possess up to 1 ounce of marijuana and grow up to six plants in their homes. The measure would also establish a licensing system for the commercial production and retail sale of cannabis.

    thumbs_upLouisiana: Last week the city of New Orleans began implementing the new ordinance lowering the penalties associated with the possession of small amounts of marijuana. The ordinance was originally approved by City Council back in March in hopes of diverting police resources from minor crimes and keeping low-level offenders out of jail. The ordinance reclassifies minor marijuana possession offenses as non-criminal violations punishable by a fine-only: $40 for a first offense, $60 for a second, $80 for a third, and $100 for a fourth and beyond. Under state law, second and/or third convictions are punishable by between 6 months and 2 years in prison.

    In statewide news, decision-makers at Louisiana State University and Southern University have agreed to apply for cultivation permits to supply medical cannabis. Under state law, qualified patients are permitted marijuana-infused products under a doctor’s recommendation. The state’s nascent medical cannabis program is anticipated to be up and running by 2018.

    Pennsylvania: Members of the Harrisburg City Council are considering a measure to decriminalize the possession of small amounts of marijuana within the city limits. In recent days, members of the City Council amended the language to reduce the fines for possession, increase the fines for smoking marijuana in public and expand the effort to include possession of marijuana paraphernalia. The members are scheduled to vote on the measure on July 5th. If you live in Harrisburg you can find the contact information for City Council here.

    Washington D.C.: The D.C. Health Department issued a report this week recommending the District legalize the retail sale of marijuana. Specifically, they recommend D.C. to “impose state taxes on production, distribution, and sales along with a licensed market participation, age restriction, and prohibitions on advertising and marketing to minors,” and ““use current regulatory models for tobacco and alcohol to base legislation to enact effective marijuana controls.”

    Residents of Washington D.C. voted in 2014 to legalize the adult use of recreational marijuana. However Congressional leaders have prohibited the district from implementing a recreational market through annual budget riders. With this new report from the district’s health department and willingness from the Mayor and City Council to create a regulated market, it’s questionable how long Congress will continue to block the will of the people.

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