Louisiana?!?

Discussion in 'Marijuana News' started by raugust123, Feb 11, 2013.

  1. Is there any news or developments on Louisiana?
     
  2. facebook.com/legalizelouisianaofficial is your nonmonetary network of people and resources for health and justice in louisiana.


    Louisiana has MMJ laws, true Christian Ministers, and the Highest Incarceration rate in the world. A petition calling for a Restoration of Rights concerning Natural Cannabis is in circulation. Local autonomous and collective actions are being called for.

    We'll have fewer developments without your input.
     
  3. Im in Louisana as well man, no medical and the cops are all assholes in all of the small towns, atleast in Youngsville they are. All they care about is money over here, you can get pretty much any ticket wiped off your record completely by paying extra money in Youngsville lol. I most likely want to move to Colorado whenever I'm done with college.
     
  4. Actually, there is medical, you might ask your doctor, and go ahead and supply him with the science related to your personal health.

    If you are in Youngsville, I reccommend you plug into the local lafayette chapter, facebook.com/lafayettechapter and BECOME ACTIVE, for the love of the people of Lafayette Parish.
     

  5. What do you mean by that though? I know for sure we dont have dispensaries, and its not one of the 18 states listed that have MMJ, Do you just mean to where if you have a recommendation you only get a fine or something? Cause Louisiana definetely is not a medical state, so Im confused what you mean.

    18 Legal Medical Marijuana States and DC - Medical Marijuana - ProCon.org
     
  6. some caselaw to think about: http://www.la3circuit.org/Opinions/2012/03/030712/11-1285opi.pdf



    and a statute roundup:

    ASK YOUR DOCTOR. Louisiana Medical Marijuana Laws in LA RS:40, Allows Patient Access to Natural Cannabis Since 1978
    by Legalize Louisiana on Thursday, August 23, 2012 at 7:08pm ·
    Thanks to the elusive legal expert CJ for finding these statutes.

    It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner or as provided in R.S. 40:978, while acting in the course of his professional practice, or except as otherwise authorized by this Part

    RS 40:966 Penalty for distribution or possession with intent to distribute narcotic drugs listed in schedule i; possession of marijuana, possession of synthetic cannabinoids :: TITLE 40 Public health and safety :: Revised Statutes :: 2009 Louisiana L

    PART X-E. THERAPEUTIC USE OF MARIJUANA
    §1046. Prescription of marijuana for therapeutic use; rules and regulations; secretary of health and hospitals
    A. Notwithstanding any other provision of this Part, a physician licensed to practice medicine in this state and who is also registered to prescribe Schedule I substances with the Drug Enforcement Administration may prescribe marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols for therapeutic use by patients clinically diagnosed as suffering from glaucoma, symptoms resulting from the administration of chemotherapy cancer treatment, and spastic quadriplegia in accordance with rules and regulations promulgated by the secretary of health and hospitals and in accordance with FDA and DEA administrative guidelines for procurement of the controlled substance from the National Institute on Drug Abuse.
    B. The secretary of health and hospitals, by January 1, 1992, shall promulgate rules and regulations, authorizing physicians licensed to practice in this state to prescribe marijuana for therapeutic use by patients as described in Subsection A of this Section.
    Acts 1991, No. 874, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.

    RS 40:991 Prescription for controlled dangerous substances; proof of valid prescription; time period for raising defense; notice to prosecution :: TITLE 40 Public health and safety :: Revised Statutes :: 2009 Louisiana Laws :: Louisiana Laws :: US Co




    Controlled dangerous substances in Schedules I and II shall be distributed only pursuant to an order form.

    RS 40:977 Order forms :: TITLE 40 Public health and safety :: Revised Statutes :: 2009 Louisiana Laws :: Louisiana Laws :: US Codes and Statutes :: US Law :: Justia




    §991. Prescription for controlled dangerous substances; proof of valid prescription; time period for raising defense; notice to prosecution

    RS 40:991 Prescription for controlled dangerous substances; proof of valid prescription; time period for raising defense; notice to prosecution :: TITLE 40 Public health and safety :: Revised Statutes :: 2009 Louisiana Laws :: Louisiana Laws :: US Co




    (31) "Practitioner" means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance in the course of professional practice or research in this state.

    (32) "Prescribe" means to issue a written request or order for a controlled dangerous substance by a person licensed under this Part for a legitimate medical purpose. The act of prescribing must be in good faith and in the usual course of the licensee's professional practice.

    (33) "Prescription" means a written request for a drug or therapeutic aid issued by a licensed physician, dentist, veterinarian, osteopath, or podiatrist for a legitimate medical purpose, for the purpose of correcting a physical, mental, or bodily ailment, and acting in good faith in the usual course of his professional practice.

    RS 40:961 Definitions :: TITLE 40 Public health and safety :: Revised Statutes :: 2009 Louisiana Laws :: Louisiana Laws :: US Codes and Statutes :: US Law :: Justia


    Licensing Requirements
    RS 40:973 Licensing requirements :: TITLE 40 Public health and safety :: Revised Statutes :: 2009 Louisiana Laws :: Louisiana Laws :: US Codes and Statutes :: US Law :: Justia
    2009 Louisiana Laws TITLE 40 Public health and safety :: RS 40:973 Licensing requirements

    §973. Licensing requirements
    A. Every person who manufactures, distributes, or dispenses any controlled dangerous substance within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled dangerous substance within this state, shall obtain a license issued by the Board of Pharmacy in accordance with the rules and regulations promulgated by it.
    B. The following persons shall not be required to obtain a license and may lawfully possess controlled dangerous substances under the provisions of this part:
    (1) An agent, or an employee thereof, of any registered manufacturer, distributor, or dispenser of any controlled dangerous substance if such agent is acting in the usual course of his business or employment;
    (2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled dangerous substance is in the usual course of his business or employment;
    (3) An ultimate user or person in possession of any controlled dangerous substance pursuant to a lawful order of a practitioner.
    C. The Board of Pharmacy may, by regulation, waive the requirement for licensing of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.
    D. A separate license shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled dangerous substances.
    E. The Board of Pharmacy is authorized to inspect the establishment of a licensee or applicant for licensing in accordance with the rules and regulations promulgated by it.
    F.(1) Any person licensed by the Board of Pharmacy to manufacture, distribute, or dispense controlled dangerous substances shall submit to the Board of Pharmacy data on transactions involving the disbursement of Schedule II controlled dangerous substances to licensed Louisiana registrants except as provided in R.S. 40:972 and 988(B).
    (2) The Board of Pharmacy is authorized to promulgate rules and regulations necessary to implement the provisions of this Subsection including but not limited to the scope of such data, the form in which it is to be submitted, and the time requirements for such submission.
    G.(1) The Board of Pharmacy shall disseminate its findings concerning possible violations to the respective boards for action in correcting violations on the part of licensed Louisiana registrants.
    (2)(a) Such supervisory board shall receive the findings of the Board of Pharmacy concerning possible violations and shall disseminate such findings to the respective boards for action in correcting violations on the part of licensed Louisiana registrants.
    (b) All expenses for the operation of the supervisory board shall be borne by the licensing boards which make up said supervisory boards.
    Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 702, §1; Acts 1989, No. 662, §5, eff. July 7, 1989; Acts 2006, No. 834, §1.


    Authority to Control "Dangerous Substances"
    RS 40:962 Authority to control :: TITLE 40 Public health and safety :: Revised Statutes :: 2009 Louisiana Laws :: Louisiana Laws :: US Codes and Statutes :: US Law :: Justia



    2009 Louisiana Code TITLE 40 Public health and safety :: RS 40:1024 Exceptions; defenses
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    §1024. Exceptions; defenses

    A. Any provision of law to the contrary herein notwithstanding, the provisions of this Part shall not apply to the manufacture, sale, distribution, or advertisement of any product or object designed and sold primarily for scientific research, industrial, veterinary, or agricultural purposes, or for bona fide medical or clinical use.

    B. It shall be an affirmative defense that the person to whom the drug related object or advertisement or notice was distributed had a prescription from a licensed medical practitioner or psychiatrist for marijuana or the controlled substance for which the object is primarily intended to be used. It is also an affirmative defense that the drug related object was designed or marketed as useful primarily for veterinary or agricultural purposes.
    http://www.legis.state.la.us/lss/lss.asp?doc=410560
    Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.
    §991. Prescription for controlled dangerous substances; proof of valid prescription; timeperiod for raising defense; notice to prosecution A. An individual who claims possession of a valid prescription for any controlled dangerous substance as adefense to a violation of the provisions of the Uniform Controlled Dangerous Substances Law shall havethe obligation to produce sufficient proof of a valid prescription to the appropriate prosecuting office.Production of the original prescription bottle with the defendant's name, the pharmacist's name, andprescription number shall be sufficient proof of a valid prescription as provided for in this Section.B. As used in this Section, “controlled dangerous substance” shall have the meaning as provided in R.S.40:961(7) and “prescription” shall have the same meaning as provided in R.S. 40:961(33).C. Any individual who claims the defense of a valid prescription for any controlled dangerous substance shallraise the defense before commencement of the trial through a motion to quash.LA Rev Stat § 40:991 :: RS 40:991
     
  7. Right now as of this year, Baton Rouge, Louisiana has relesed a bill for weed to be legal in the lower parishes. Such as Cameron (yay), Calcasieu, Beauregard, Allen, Jefferson Davis, Evangelin,Acadia, Vermilion, St. Landry, Lafayette, St.Martin, Iberia, St.Mary, Terrebon, Lafourde, St. James, Assumption, St. Jon, St. Charles, Jefferson, Orleans, St, Bernard, and Plaquemine.

    Even though I highly doubt that they will leaglelise weed for lower Louisiana, all we can do is hope.
     
  8. Legal as in recreational? Or medical?
     
  9. They already have it for medical, My uncle is on it because he is dying of Aids. and for recreational, they are trying to figure out how to tax the damm things. so that is why it is taking so long for america to make up there mind.
     
  10. I live in Louisiana but only been smoking for about 2 years. Recently my guy got out of the biz and I been dry for like a month. So now I am looking online to see what I'm supposed to do to find more. I hope they legalize it here someday, but until they do I just want to find some more. I don't know if any of you ever go a month without a smoke but it aint fun :(
     

  11. I went for 20 + years without smoking- I quit in 1984 when my first child was born, (as a responsible parent, I didn't want to get busted while I had young children, the law being what it was then) but now that they are all over 21........:hello:
     

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