Ordinance For Cannabis Control And Regulation

This ordinance implicitly repeals, in part or in whole, and amends various state statutes and subsections
including but not necessarily limited to { RS 40:964, RS 40:961, RS 40:966, RS 40:966.1, RS 40:617,
RS 49:1001, RS 40:1024, RS 40:1379.3, RS 40:1472.3, RS 47:2604, RS 47:2610, RS 49:1002, RS
49:1005, RS 40:1021, RS 40:1046, RS 47:2601, RS 47:2602, RS 47:2603, RS 47:2607, RS 13:5304,
14:143, RS 15:1352, RS 17:491.2, RS 23:1081, RS 23:1601, RS 40:982, RS 40:961, RS 29:212A,
CCRP 336, CCRP 871, CCRP 899.1, CCRP, 900, CCRP 903.1}

[Local Ordinances for the City of _____________________, _________________ Parish:

{_______________________________________________________________________________}

Be it resolved by the people of the state of Louisiana, City of ________________,

__________________________ Parish, the following ordinance be instated:

1. Definition of terms as used in this act:

(a). “cannabis” and “cannabis hemp” refer to the cannabis, marijuana, marihuana, cannabis sativa,
cannabis indica, cannabis ruderalis, or any variety of cannabis, including any derivative, concentrate, extract,
flower, leaf, particle, preparation, resin, root, salt, seed, stalk, stem, or any product thereof.

(b). “medical cannabis” refers to the medical use of cannabis.

(c). “personal use” refers to the non-medical consumption of cannabis.

(d). “cannabis accessories” means any equipment, products, or materials of any kind that are used,
intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing,
or containing cannabis, or for ingesting, inhaling, vaporizing, smoking, or otherwise introducing
cannabis into and/or onto the human body.

(e). “establishment” refers to a cannabis cultivation establishment, a cannabis testing establishment, a

cannabis product manufacturing , or a retail cannabis store or other entity that cultivates, prepares, manufactures,
packages, transports, or sells cannabis, cannabis products, and/or cannabis accessories.

(f) “dry product” refers to any dry compound of the cannabis plant. Any processed plant product is not
considered dry product. Dry product must consist of the cannabis flower, bud, plant, stem, stalk, seed, leaf,
sugar, and keef product directly .

2. Cannabis shall be immediately be no longer recognized in the Louisiana Revised Statutes list of
controlled substances and shall be no longer acknowledged amongst Louisiana’s drug scheduling
classification.

3. Upon passage of this act, all persons incarcerated or under supervision of the Louisiana Board of
Probation and Parole for non-violent, cannabis-only offenses which are no longer illegal in the State of
Louisiana under this act shall be immediately released.
4. No Louisiana law enforcement personnel or state funds shall be used to assist or aid in the enforcement
of federal cannabis laws involving acts which are no longer illegal in the State of Louisiana under this
amendment.

5. Medical Cannabis Regulations – All cannabis products, and its byproducts shall be available for patients
within the State of Louisiana without taxation who have a physicians recommendation for its’ use.

(a) All medical cannabis establishments shall be exempt from taxes on cannabis and its’
byproducts.

(b) All cannabis accessories are taxable.

(c) Medical cannabis contains CBD, THC, CBG, CBN, CBC, THCv, CBGa, CGCa, CBCa,
THCa, CBDa, and any other cannabinoid found within the cannabis plant.

(d) Any cannabis edible lower than 500 mg (thc) will be considered recreational marijuana.

(e) Any medical cannabis establishment will register as an alternative medicine establishment,
and must have patients registered by doctor recommendation by a doctor licensed by and
currently enrolled by the Louisiana Board of Physicians.

(f) Licensed physicians shall not be penalized nor restricted from recommending cannabis for
medical purposes to any person under their care.

(g) All patients engaged in cannabis therapy shall be afforded the same rights and privileges
afforded to any patient treated through conventional therapeutic means.

(h) Veterinarians shall not be penalized nor restricted from recommending cannabis for medical
purposes for any creature under their care.

(i) Opinions pertaining to, and willingness to recommend medical cannabis therapy shall not be
a criteria for the licensure of physicians; no physician shall be subject to any professional
licensing review or hearing as a result of recommending or approving medical cannabis therapy.

(j) Any individual who is a cannabis patient in another state shall be granted the same rights and
privileges as a legal Louisiana cannabis patient.

(k) A patient may only register with 1 medical cannabis establishment, or 1 caregiver as their
main provider. A caregiver is limited to a maximum of 10 patients. There maximum amount of
plants allowed to cultivate as a caregiver is established as the total of all his/her patients plant
count limits. A medical cannabis establishment maximum allowed plants is the current number
of total patients plant count registered with that establishment, with an unlimited amount of
patients.

(l) A medical cannabis establishment may carry an unlimited amount of dry product as
accountable inventory.

(m) Quality control may be checked time to time by the Louisiana Dept of Health and
Hospitals/Dept of Agriculture.

(n) A medical marijuana establishment must have employee’s licensed by the Louisiana Dept of
Health & Hospitals for medical cannabis sales.

(o) A medical marijuana establishment shall also provide after-care treatments such as
counseling, physician referral, and report any potentially harmful patient activity and/or behavior
to their physician immediately.

(1) A patient must have post traumatic stress, glaucoma, cancer, c.o.p.d., Alzheimer’s,
Parkinson’s, rheumatoid arthritis, seizures, epilepsy, AIDS/HIV, severe or chronic pain,
schizophrenia, depression, restless leg syndrome, Chrone’s disease, hypothyroidism,
alcoholism, agoraphobia, Alopecia Areata, amphetamine dependency, amyloidosis,
angina pectoris, ankylosis, anorexia, arthritis, autism, Huntington’s disease, leukemia,
Aspbergers, autoimmune disease, Bell’s Palsy, bipolar disorder, brain tumors, bruxism,
renal failure, cocaine dependancy, colitis, conjunctivitis, cystic fibrosis, muscular
dystrophy, Darier’s disease, any degenerative condition, sleep apnea, scoliosis, spinal
stenosis, irritable bowel syndrome, insomnia, anxiety, or any other affliction that has
been medically proven to be treatable with cannabis.

(A.) Any hospice patient qualifies as a medical cannabis patient.

(B.) Medical care – including but not limited to organ transplants, blood
transfusions, MRI’s, and any other medical proceedure, shall not be restricted in
any way based on a persons use of cannabis.

(2) An alternative medicine establishment, or medical cannabis establishment, may

grow, produce, process, extract, infuse, or else otherwise manufacture
byproducts from cannabis and dispense to the patient by the instructions of the
physician.

(3) Patients 17 and younger may only have access to full extract cannabis oil
(FECO) under parental supervision.

(4) No parents shall be endangered for medicating their child/children with FECO
with a physician’s recommendation.

(5) DUI Laws – No patients with any type of proof of registration shall be charged
with a DUI if capable of passing a field sobriety test fit for cannabis
intoxication, that is not biased to their initial impairment.

(a) Patient registration and fee’s are kept by the Louisiana Dept of Health and
Hospitals.

(b) All records of patient registration from the physician are registered with the
Louisiana Dept of Health and Hospitals within 90 days of recommendation.
Approved medical marijuana patients records are held and maintained by the
Louisiana Dept of Health and Hospitals, and adjoined to current medical
records, if applicable.

(c) All records of a medical cannabis establishment are maintained by that

establishment and subject to audit by the Louisiana Dept of Cannabis.
 (p) No medical marijuana establishment can provide recreational marijuana.

(q) Full Extract Cannabis Oil (FECO) may only be acquired from a medical cannabis
establishment.

(r) Any medical cannabis establishment selling cannabis a to non-licensed patients that are
minors shall be guilty of a class C misdemeanor first offense $10,000 fine and or up to 30 days
in jail, a class A misdemeanor second offense $15,000 fine and or up to 60 days in jail, and third
offense is a Class A Felony, $50,000 fine, and up to 90 days in jail. and have the potential for
their business license revoked at the judges leisure.

(s) Any medical cannabis establishment selling cannabis a to non-licensed patients shall be
guilty of a class C misdemeanor first offense $5,000 fine and or up to 30 days in jail, a class A
misdemeanor second offense $10,000 fine and or up to 60 days in jail, and third offense is a
Class A Felony, $25,000 fine, and up to 90 days in jail. and have the potential for their business
license revoked at the judges leisure.

6. Recreational Cannabis Regulations – All cannabis products, and its byproducts shall be available for all
citizens 21 or over within the city/parish with taxation.

(a) In pursuant of §47:2601-47:2610, or the Louisiana Marijuana Tax Stamp, shall be enacted for all
personal recreational use cannabis sales.

(b) All recreational cannabis establishments must register with the Secretary of State as an adult
recreational establishment and be treated as such.

(c) Any cannabis edible of 500 mg and above (thc) will be considered medical grade cannabis.

(d) DUI LAWS- Any citizen found guilty while driving under the influence shall be guilty of a class C
misdemeanor first offense $3,000 fine and or up to 30 days in jail, a class A misdemeanor second offense
$5,000 fine and or up to 60 days in jail, and third offense is a Class A Felony, $10,000 fine, and or up to
90 days in jail; or the option of rehabilitation.

(e) Anyone 20 years of age and younger is guilty of illegal possession of cannabis is subject to the same
laws pursuant to current underage alcohol possession.

(f) A recreational cannabis establishment is subject to the same regulations pursuant to alcohol
establishments providing entertainment to its guests 21 and over.

(g) A recreational cannabis establishment must maintain records showing its members and guests are 21
and over which are subject to audit by the Louisiana Dept of Health and Hospitals.

(h) A recreational cannabis establishment may maintain up to 100 plants, and 20 pounds of useable
cannabis product at a time.

(i) Quality control may be checked time to time by the Louisiana Dept of Health and Hospitals/Dept of
Agriculture.

(j) Any citizen age 21 and over may cultivate, process, and possess up to 2 oz on their person, and
 cultivate 10 cannabis plants upon property in which they either rent, own, or lease.

(k) No recreational cannabis establishment can provide medical grade cannabis. Medical grade cannabis
is established at 500 Mg per serving, and also as full extract cannabis oil.

(l) Any recreational cannabis establishment possessing medical grade cannabis for recreational sale shall
be guilty of a class C misdemeanor first offense $3,000 fine and or up to 30 days in jail, a class A
misdemeanor second offense $5,000 fine and or up to 60 days in jail, and third offense is a Class A
Felony, $10,000 fine, and up to 90 days in jail.

(m) Any recreational cannabis establishment selling to cannabis to minors shall be guilty of a class C
misdemeanor first offense $10,000 fine and or up to 30 days in jail, a class A misdemeanor second
offense $35,000 fine and or up to 60 days in jail, and third offense is a Class A Felony, $50,000 fine, and
up to 90 days in jail. and have the potential for their business license revoked at the judge's leisure.

(n) Tax revenues accrued in pursuant of §47:2601-47:2610 shall be appropriated according to the
Secretary of States rulings.

(o) The Louisiana Department of Revenue shall be responsible for maintenance, accommodation, and
distribution of all taxes accrued by the enactment of §47:2601-47:2610.

7. Cannabis farmers, manufacturers, processors, and distributors shall not be subject to any special zoning
requirement, licensing fee that is excessive, discriminatory, prohibitive, or in any way contrary to the which is
relative to any other commercial or agricultural farmer, manufacturer, processor, or distributor.

8. A citizens marijuana use and cultivation may not be used as a deciding factor in the individual acquisition,
leasing, buying, or renting a home.

9. Any person who willingly impedes the lawful exercise of these provisions is guilty of a Class A misdemeanor.

10. All provisions of this ordinance are self-executing and severable, and, except where otherwise indicated in
the text of this document, shall supersede conflicting city, parish, state, or federal statutory, local charter,
ordinance, or resolution.