The legal use of marijuana has become the new normal throughout the country. For business owners looking to be a part of the cannabis industry in Louisiana, it’s important to understand Louisiana marijuana law.
Financial Projections
According to a report from Truth In Accounting (TIA), Louisiana is 21.6 billion dollars in debt. And many believe that legalizing and decriminalizing marijuana can provide a boost to the economy in Louisiana. If Louisiana doesn’t piggyback off of other states, it can be taxed as they see fit.
The revenue projections from medical marijuana alone could reach hundreds of millions per studies conducted by pro-marijuana groups. The more legislators expand the medical conditions that justify medical marijuana treatment, the more the potential profits could increase.
A study conducted by pro-marijuana groups suggests that the medical marijuana industry in Louisiana could be missing out on up to $330 million. The market is more expandable if legislators allow marijuana to treat a wide range of illnesses. Over time, the list of qualifying health conditions became permitted to receive medicinal marijuana treatment.
Marijuana has been proven to help with various health conditions that the state of Louisiana has already acknowledged. Health conditions such as:
- Auto-Immune Disease (HIV/AIDS)
- Epilepsy
- Post-traumatic Stress Disorder (PTSD)
- Severe Depression
- Chronic Pain
- Autism Disorders
- Chron’s Disease
- Wasting Syndrome
- Glaucoma
- Parkinson’s Disease
- Multiple Sclerosis
- Cancer
- Traumatic Brain Injury
- Huntington’s Disease
- Quadriplegia
- Spinal Atrophy
- Hospice or Palliative Care
- Lewy-Body Dementia
- Motor-Neuron Disease
- Muscular Dystrophy
- Lou Gehrig’s Disease
- Concussion
- Alzheimer’s Disease.
Incarceration and Penalties
A Court Case Regarding Marijuana in the Workplace
When you think of drug use in the workplace, you automatically understand why drug use isn’t acceptable for many reasons. A Connecticut court case showed why marijuana should treat issues such as depression, and also that employers should have public policy in place that employees can receive rehabilitation and second chances.
A Connecticut state worker was fired for using marijuana on the job. The employee had been smoking marijuana to help with depression and anxiety caused by a divorce and fear of cancer.
An arbitrator did not agree with the termination and overturned it, suggesting a six-month suspension and drug testing one year after returning to work. The arbitrator’s appeal was initially overturned but Supreme Court justices believed that it wrong to fire the employee.
This case serves as a good reference in why marijuana legislation needed to be changed to assist those who use it for treatment purposes. Louisiana is slowly leaning towards marijuana legislation also due to budget issues and the high costs and rate of incarceration.
The Incarceration Issue and the Unfair Majority
The American Civil Liberties’ Union released a report back in 2010 that mentioned the higher incarceration of African-Americans for marijuana. The report findings highlight the harshness in sentencing, which only leads to crowded jails and prisons. Some of the report findings for Louisiana were:
- African-Americans made up 64 percent of the marijuana arrests in Lousiana while only accounting for 32% of the state’s population.
- African-Americans are three times as likely to be arrested for marijuana than caucasian, despite studies showing both races use at the same rate.
But it’s not only a racial incarceration issue, it’s a small crime issue in general. Years back, a report by ACLU showed Louisiana having the highest number of prisoners serving life sentences for nonviolent crimes. Many of those crimes were minor marijuana offenses and roughly 9 out of every 10 of those prisoners were African-Americans. One of those minor offenders was a homeless man who was caught dealing with less than $20 worth of marijuana.
In recent years, Louisiana has changed the legislation to decrease harsh punishment and keeping an open mind to boost the state economy. Police can now give warnings for those caught with small amounts under 14 grams. Higher amounts and multiple offenses could lead to fines and possibly jail time. House Bill 149 was signed by Governor Bobby Jindal in 2015, allowing medical marijuana and reducing criminal penalties.
In 2018, several bills were introduced to help with criminal offenses. House Bill 274 was introduced by Representative Edmond Jordan, to remove criminal penalties for possession of marijuana. Removing the penalties is contingent upon the framework for the legal sale and distribution of marijuana.
This bill is important because if Louisiana decided to move forward with recreational sales, criminal penalties would be removed. It’s considered one less hurdle for legislators to face when considering the recreational use of marijuana.
House Bill 611 was presented by Representative Edward Ted James which creates a civil penalty of $100 for possession of up to one ounce of marijuana. Louisiana decided that less than an ounce considered a ‘personal use quantity’.
More bills have been proposed in the 2018 legislature for the progression of cannabis in Louisiana. They pertain to the medical use of marijuana.
Medical Marijuana Use
More From the 2018 legislature
In addition to bills introduced at the 2018 legislative session for criminal matters, medical marijuana bills were introduced by representatives.
House Bill 579 presented by Representative Edward Ted James seeks to add conditions to the law for which medical marijuana may be recommended. This bill added illnesses such as PTSD, glaucoma, and intractable pain to the list of health conditions that can be treated with medical marijuana.
House Bill 627 presented by Representative Rodney Lyons allow doctors to prescribe medical marijuana for certain conditions associated with autism.
House Bill 826 by Representative Marcus Hunter sets a requirement that a minimum of 40% of the state’s medical marijuana pharmacy licenses is granted to minority-owned businesses.
Making Medical Marijuana Accessible
Despite medical marijuana being legal in Louisiana for a while, not too long ago there was no established framework for the distribution or cultivation of it.
In 2016, the House of Representatives passed medical marijuana legislation designed to give qualified patients access to cannabis. The goal of marijuana legislation at the time was to create a specific medical marijuana product. The product was to be an extracted oil with lows levels of THC that makes cannabis a psychotropic drug.
As long as medical marijuana use is permitted, private manufacturers of medical marijuana and patients would be allowed to petition state agencies for qualifying medical conditions to have legal access to it. Bills have also been introduced relating to medical marijuana manufacturers.
House Bill 1112 permitted the Department of Agriculture to begin accepting applications for medical marijuana manufacturers. Requirements for possible manufacturers are:
- Technical expertise
- Financial stability
- Security measures
- Qualified employees
- Impact on the environment
Managers are required to have a background in one of the following areas:
- Botany
- Pharmacology
- Chemistry
- Therapeutic Cannabis
The bill also regulates the location of where manufacturers operate. Manufacturers cannot operate within 1000 feet of a school and only 15 will be allowed in the state of Louisiana. The legislation also allows up to 10 pharmacies to distribute the drug.
Despite the school regulations, universities have been extended the opportunity to manufacture medical cannabis. If the universities had declined the production of marijuana, the state would have to accept private entities to make the medicinal marijuana accessible to qualified patients. GB Sciences is a research-oriented company and that has sought to conduct extensive research on marijuana for disease treatment. The CEO of GB Sciences said that once patients and doctors can learn about medically beneficial compounds in cannabis, then patients will rise along with revenue.
Louisiana State University and Southern University are approved producers for agricultural research centers. LSU seeks to produce it at a low cost to make medicinal marijuana affordable for patients. Southern University’s Interim Chancellor for the Agricultural Research and Extension Center stated that cultivation will help with the university’s enrollment and finances.
Sometimes Medical Marijuana is the Better Form of Treatment
Former New Orleans Saints player Kyle Turley once told hosts of ESPN’s Highly Questionable that he used a number of prescription pain medications to cope with injuries sustained during his career.
He believes the pain medications lead to having symptoms of suicidal and homicidal thoughts. He revealed switching to medical marijuana allowed physical healing and the emotional symptoms to go away.
There was a 12-year old Louisiana boy who suffered from Chron’s disease. This disease is incurable and causes severe inflammation in the gastrointestinal tract.
The father shared his research with Lousiana lawmakers that the cannabis oil he gave son fought against the inflammation and is less toxic than his son’s usual FDA-approved medications. This happened before the legal expansion of medical marijuana treatment, but it helped support the need for cannabis treatment.
Despite the progress with marijuana legalization in Louisiana, officials have continued to express concerns about hidden risks in over-the-counter or prescribed medications.
The importance of cannabis treatment has been understood and approved. The FDA sometimes has to recall previously approved drugs for harmful ingredients. It has been the reason more people have converted to cannabis oil as a form of treatment.
If you determine that you want to be in the cannabis industry in Louisiana, stay up to date with legislation and make sure you are qualified and in compliance with the state. If you need any help making sure you legitimately running a cannabis business, be sure to reach out to Spera Law Group for help on the matter.
