La. Admin. Code tit. 46 § LIII-2443

Current through Register Vol. 50, No. 4, April 20, 2024

Section LIII-2443 - Marijuana Products

A. Exclusive Source

1. The exclusive source of marijuana products shall be the producers licensed for that activity by LDH.

2. Repealed.

3. Marijuana products from any other source shall be deemed misbranded and/or adulterated and shall not be received by any marijuana pharmacy, nor may such misbranded and/or adulterated products be dispensed by any marijuana pharmacy.

B. Laboratory Testing

1. - 7. Repealed.

8. The marijuana pharmacy shall have access to the laboratory test results from the producer for each final product acquired by the marijuana pharmacy. The pharmacy shall make such testing results available upon request to their patients, caregivers, and authorized clinicians who recommended such marijuana products dispensed to their patients.

C. Product Dosage Forms

1. The marijuana pharmacy shall limit their dispensing of pharmaceutical grade marijuana products to the following dosage forms:

a. oils, extracts, tinctures, or sprays;

b. solid oral dosage forms, e.g., capsules or pills;

c. liquid oral dosage forms, e.g., solutions or suspensions;

d. gelatin-based or pectin-based chewables;

e. topical applications, oils or lotions;

f. transdermal patches;

g. suppositories;

h. metered-dose inhalers; or

i. Repealed.

2. The marijuana pharmacy may dispense other products from raw or crude marijuana, including dried flower, buds, and other plant material, intended for the following methods of administration:

a. combustible forms for inhalation, including but not limited to pre-rolls; and

b. edible forms for ingestion.

3. No marijuana product shall:

a. include alcoholic liquor, dietary supplements, or any drug, except for marijuana. For purposes of this provision, alcoholic liquor does not include any liquid or solid containing less than 0.5 percent of alcohol by volume, or ethanol-based tinctures.

b. be manufactured or sold in a form or with a design that:

i. is obscene or indecent;

ii. may encourage the use of marijuana for recreational purposes;

iii. may encourage the use of marijuana for a condition other than a debilitating medical condition; or

iv. is customarily associated with persons under the age of 18 years; or

c. have had pesticide chemicals or organic solvents used during the production or manufacturing process other than those which may be approved for use by LDH.

4. Any marijuana product not in compliance with the provisions of this Section shall be deemed adulterated.

D. - E.4.f. Repealed.

La. Admin. Code tit. 46, § LIII-2443

Promulgated by the Department of Health, Board of Pharmacy, LR 431540 (8/1/2017), Amended LR 451473 (10/1/2019), Amended LR 46568 (4/1/2020), Amended by LR 461227 (9/1/2020), Amended LR 47590 (5/1/2021), Amended LR 481902 (7/1/2022), Amended LR 491719 (10/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1046.