Is Weed Legal in Louisiana? (2026)

Instrument

Recommendation and sale of marijuana for therapeutic use; possession of marijuana penalties and patient immunity

Source

https://legis.la.gov/legis/Law.aspx?d=96986

Retrieved

2026-11-07

Fingerprint

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La. R.S. 40:1046(A)(1)
§1046.  Recommendation and sale of marijuana for therapeutic use; production facility
licensing; regulations and permitting by the Louisiana Department of Health

A.(1)  Notwithstanding any other provision of this Part, any clinician authorized by
the provisions of Subsection B of this Section to recommend medical marijuana, referred to
in this Section as an "authorized clinician", may recommend, in any form authorized by the
rules and regulations of the Louisiana Department of Health, hereafter referred to as the
"department", raw or crude marijuana, tetrahydrocannabinols, or a chemical derivative of
tetrahydrocannabinols for therapeutic use by any patient clinically diagnosed as suffering
from a debilitating medical condition.

La. R.S. 40:1046(A)(2)(a)
(2)(a)  For purposes of this Subsection, “debilitating medical condition” means any
of the following:

(i)  Cancer.

(ii)  Glaucoma.

(iii)  Any of the following neurodegenerative diseases and conditions:

(aa)  Alzheimer's disease.

(bb)  Amyotrophic lateral sclerosis.

(cc)  Huntington's disease.

(dd)  Lewy body dementia.

(ee)  Motor neuron disease.

(ff)  Parkinson's disease.

(gg)  Spinal muscular atrophy.

(iv)  Positive status for human immunodeficiency virus.

(v)  Acquired immune deficiency syndrome.

(vi)  Cachexia or wasting syndrome.

(vii)  Seizure disorders.

(viii)  Epilepsy.

(ix)  Spasticity.

(x)  Severe muscle spasms.

(xi)  Intractable pain.

(xii)  Crohn's disease.

(xiii)  Muscular dystrophy.

(xiv)  Multiple sclerosis.

(xv)  Posttraumatic stress disorder.

(xvi)  Any of the following conditions associated with autism spectrum disorder:

(aa)  Repetitive or self-stimulatory behavior of such severity that the physical health
of the person with autism is jeopardized.

(bb)  Avoidance of others or inability to communicate of such severity that the
physical health of the person with autism is jeopardized.

(cc)  Self-injuring behavior.

(dd)  Physically aggressive or destructive behavior.

(xvii)  Traumatic brain injury.

(xviii)  A concussion diagnosed by an authorized clinician.

(xix)  Chronic pain associated with fibromyalgia.

(xx)  Chronic pain associated with sickle cell disease.

(xxi)  Any condition for which a patient is receiving hospice care or palliative care.

(xxii)  Any condition not otherwise specified in this Subparagraph that an authorized
clinician, in his clinical opinion, considers debilitating to an individual patient and is
qualified through his clinical education and training to treat.

La. R.S. 40:1046(A)(5)
(5)(a)  No retailer permitted to sell marijuana for therapeutic use in accordance with
the provisions of this Section shall sell more than two and one-half ounces, or seventy-one
grams, of raw or crude marijuana every fourteen days to any individual patient.

(b)  No retailer permitted to sell marijuana for therapeutic use in accordance with the
provisions of this Section shall sell raw or crude marijuana to any person under twenty-one
years of age without a recommendation from an authorized clinician specifically
recommending marijuana in raw or crude form for that person.

La. R.S. 40:1046(B)
B.  All of the following licensed health professionals are hereby authorized to
recommend medical marijuana to patients and, for purposes of this Part, shall be deemed
“authorized clinicians”:

(1)  Any physician licensed by and in good standing with the Louisiana State Board
of Medical Examiners to practice medicine in this state.

(2)  Any nurse practitioner licensed by and in good standing with the Louisiana State
Board of Nursing to practice advanced practice registered nursing in this state and who has
prescriptive authority conferred by the Louisiana State Board of Nursing.

(3)  Any medical psychologist licensed by and in good standing with the Louisiana
State Board of Medical Examiners to practice medical psychology in this state.

La. R.S. 40:1046(G)(1)(a)
G.(1)(a)  The department shall issue an annual retail permit to sell recommended
marijuana for therapeutic use and, except as provided in Paragraph (3) of this Subsection,
shall limit the number of retail permits granted in the state to no more than ten.

La. R.S. 40:1046(G)(4)(a)
(4)(a)  The total number of marijuana retail locations, including satellite locations,
approved by the department pursuant to Paragraph (3) of this Subsection shall not be greater
than thirty locations.

La. R.S. 40:1046(I)
I.  The levels of THC in any marijuana produced pursuant to this Section shall be
reduced to the lowest acceptable therapeutic levels available through scientifically accepted
methods.

La. R.S. 40:1046(M)
M.  The provisions of this Section shall terminate on July 1, 2030.

La. R.S. 40:966(C) (introductory paragraph)
§966.  Penalty for distribution or possession with intent to distribute narcotic drugs listed in
Schedule I; possession of marijuana, synthetic cannabinoids, and heroin

C.  Possession.  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.  Any person who violates this Subsection with respect to:

La. R.S. 40:966(C)(2)
(2)  A substance classified in Schedule I that is marijuana, tetrahydrocannabinol, or
chemical derivatives thereof, shall be punished as follows:

(a)(i)  On a first conviction or any subsequent conviction, wherein the offender
possesses fourteen grams or less, the offender shall be fined not more than one hundred
dollars.

(ii)  If an offender upon whom a fine has been imposed under this Subparagraph
alleges indigency, or otherwise fails to pay the imposed fine, the court shall determine
whether the defendant has willfully refused to pay or has made bona fide efforts to legally
acquire resources to pay.  If an offender has not willfully refused to pay and has made bona
fide efforts to attempt to pay the fine imposed, the court shall use its discretion to
alternatives, including installment payments or community service.

(iii)  This Subparagraph shall be enforced by use of summons in lieu of custodial
arrest, in accordance with Code of Criminal Procedure Article 211.

(b)  On a first conviction, wherein the offender possesses more than fourteen grams,
the offender shall be fined not more than five hundred dollars, imprisoned in the parish jail
for not more than six months, or both.

(c)  Any person who has been sentenced under the provisions of Subparagraph (a) or
(b) of this Paragraph and who has not been convicted of any other violation of a statute or
ordinance prohibiting the possession of marijuana for a period of two years from the date of
completion of sentence, probation, parole, or suspension of sentence shall not have the
conviction used as a predicate conviction for enhancement purposes.  The provisions of this
Paragraph shall occur only once with respect to any person.

(d)  On a second conviction, wherein the offender possesses more than fourteen
grams, the offender shall be fined not more than one thousand dollars, imprisoned in the
parish jail for not more than six months, or both.

(e)(i)  On a third conviction, wherein the offender possesses more than fourteen
grams, the offender shall be sentenced to imprisonment, with or without hard labor, for not
more than two years, shall be fined not more than two thousand five hundred dollars.

(ii)  If the court places the offender on probation, the probation shall provide for a
minimum condition that he participate in a court-approved substance abuse program and
perform four eight-hour days of court-approved community service activities.  Any costs
associated with probation shall be paid by the offender.

(f)(i)  On a fourth or subsequent conviction, wherein the offender possesses more
than fourteen grams, the offender shall be sentenced to imprisonment with or without hard
labor for not more than eight years, shall be fined not more than five thousand dollars, or
both.

(ii)  If the court places the offender on probation, the probation shall provide for a
minimum condition that he participate in a court-approved substance abuse program and
perform four eight-hour days of court-approved community service activities.  Any costs
associated with probation shall be paid by the offender.

(g)  Except as provided in Subparagraph (c) of this Paragraph, a conviction for the
violation of any other statute or ordinance with the same elements as Subsection C of this
Section prohibiting the possession of marijuana, tetrahydrocannabinol or chemical
derivatives thereof, shall be considered as a prior conviction for the purposes of this
Subsection relating to penalties for second, third, or subsequent offenders.

(h)  Except as provided in Subparagraph (c) of this Paragraph, a conviction for the
violation of any other statute or ordinance with the same elements as Paragraph (B)(2) of this
Section prohibiting the distributing or dispensing or possession with intent to distribute or
dispense marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic
cannabinoids shall be considered as a prior conviction for the purposes of this Subsection
relating to penalties for second, third, or subsequent offenders.

La. R.S. 40:966(F)(1)
F.  Immunity from prosecution.  (1)  Any person who is a patient of the
state-sponsored medical marijuana program in Louisiana, and possesses medical marijuana
in a form permissible under R.S. 40:1046 for a condition enumerated therein, a caregiver as
defined in R.S. 15:1503, any person who is a domiciliary parent of a minor child who
possesses medical marijuana on behalf of his minor child in a form permissible under R.S.
40:1046 for a condition enumerated therein pursuant to a legitimate medical marijuana
prescription or recommendation issued by a licensed health professional authorized by R.S.
40:1046(B) to recommend medical marijuana to patients, or any visiting qualifying patient
as defined in R.S. 40:1046.1 shall be exempt from the provisions of this Section.  This
Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana
or any of its derivatives or other conduct outside the scope of the state-sponsored medical
marijuana program.

Instrument

Marijuana Product Requirements; Inventory Control and Required POS (Point-of-Sale) System

Source

https://www.doa.la.gov/media/dtxju50z/51.docx

Retrieved

2026-11-07

Fingerprint

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§2103.	Marijuana Product Requirements
A.	Retailers may only stock marijuana products obtained from in-state licensed medical marijuana manufacturing facilities. No other sources may be utilized for the supply of marijuana products to patients. 
B.	Retailers may distribute only the following acceptable dosage forms of formulated therapeutic marijuana to patients:
1.	oils, extracts, tincture or sprays;
2.	solid oral dosage forms (e.g., pills, capsules, tablets);
3.	liquid oral dosage forms (e.g., solutions or suspensions);
4.	gelatin- or pectin-based chewables;
5.	topical creams, unguents, or lotions;
6.	transdermal patches;
7.	suppositories;
8.	metered-dose inhalers; or
9.	other forms approved by the department.
C.	Retailers may also distribute edible products (intended for ingestion) and combustible forms (intended for inhalation) made from marijuana flower. 
D.	No therapeutic marijuana product of any kind may include or be incorporated into the following:
1.	an alcoholic beverage;
2.	a dietary supplement; or
3.	a drug other than marijuana, cannabis extracts, or cannabis derivatives. 
AUTHORITY NOTE:	Promulgated in accordance with R.S. 40: 1046.
HISTORICAL NOTE:	Promulgated by the Department of Health, Office of Public Health, LR 52:62 (January 2026).

§2505.	Inventory Control and Required POS (Point-of-Sale) System
A.	Permitted facilities shall be required to maintain a point-of-sale software system that will interface with the Louisiana Medical Marijuana Tracking System to allow for seed-to-sale tracking of all medical marijuana transactions (including deliveries and waste disposal) conducted at the facility.
B.	The system shall be capable of documenting the amount of marijuana, dosage form, and amount provided under the active recommendation for each patient registered at the retailer.
C.	Additionally, the system shall allow the agent or pharmacist to cross-reference the patient's sales history in the LMMTS. A retailer shall perform such cross-reference prior to sale, and shall refuse a sale if necessary to ensure that no patient receives more than 71 g of raw marijuana in a 14-day period or any amount of another dosage form in excess of the authorized clinician's recommendation.
D.	Retailer staff must maintain a perpetual inventory of marijuana products received, held, sold, and disposed of by the facility. Inventory reconciliations shall be conducted on at least a semi-annual (every six months) basis and documents related to reconciliations shall be maintained on the premises for at least two calendar years. 
E.	Retailer staff must enter information into the LMMTS for new patients within 24 hours of receipt of a recommendation from an authorized clinician. The patient profile information provided must include the following elements:
1.	unique patient identification number that will attach to all relevant records;
2.	status of the recommendation (active or inactive);
3.	recommendation start date; and
4.	data on purchase limits or restrictions other than those referenced in Subsection C above, if applicable.
AUTHORITY NOTE:	Promulgated in accordance with R.S. 40: 1046.
HISTORICAL NOTE:	Promulgated by the Department of Health, Office of Public Health, LR 52:63 (January 2026).