La. Admin. Code tit. 46 § LIII-2441

Current through Register Vol. 50, No. 9, September 20, 2024
Section LIII-2441 - Definitions
A. As used in this Subchapter, the following terms shall have the meaning ascribed to them in this Section:

Administer-the direct application of marijuana to the body of a qualifying patient by ingestion or any other means.

Advertisement-Repealed.

Agent-an authorized person who acts on behalf of or at the direction of another person. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.

Approved Safe-Repealed.

a. - c. Repealed.

Approved Vault-Repealed.

a. - b.vi.(d). Repealed.

Authorized Clinician-licensed health professionals authorized pursuant to R.S. 40:1046.

Board-the Louisiana Board of Pharmacy.

CFR-Code of Federal Regulations.

Deliver or Delivery-the actual, constructive or attempted transfer from one person to another of marijuana, whether or not there is an agency relationship.

Financial Interest-any actual, or a future right to, ownership or investment, either directly or indirectly, through business, investment or immediate family. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national exchange or over-the-counter market, provided the investment securities held by such person do not exceed 5 percent of the total number of shares issued by the corporation.

Immediate Family-R.S. 42:1102; i.e., his children and the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.

LDAF-Repealed.

LDH-the Louisiana Department of Health.

Louisiana Medical Marijuana Tracking System (LMMTS)-the required seed-to-sale tracking system that tracks medical marijuana from either the seed or immature plant stage until the product is sold to a pharmacy or is destroyed.

Marijuaa - Repealed.

Marijuana Pharmacy-that area within a facility where marijuana is stored, dispensed, and sold. If a facility does not offer any products or services other than marijuana and/or related supplies, the entire facility is a marijuana pharmacy for the purposes of this Subchapter.

Marijuana Pharmacy Owner-any person with an ownership interest in a marijuana pharmacy, except the term does not include a person with an investment interest through a publicly-held company provided the interest held by such person does not exceed five per cent of the total ownership or interest rights in such pharmacy and such person does not participate directly or indirectly in the control, management, or operation of the pharmacy.

Marijuana Product-any product containing marijuana, including raw materials, that requires no further processing and that is packaged for sale to pharmacies, qualifying patients and primary caregivers.

Owners Managing Officer-the person designated by the organization owning the pharmacy to be responsible to the board for the proper operation of the pharmacy in compliance with all applicable laws and regulations.

Pharmaceutical Grade Marijuana-marijuana or marijuana products that are not adulterated and are:

a. processed, packaged and labeled according to the United States Food and Drug Administrations "current good manufacturing practice in manufacturing, packaging, labeling, or holding operations for dietary supplements," as found in 21 CFR 111 or its successor;
b. labeled with the results of an active ingredient analysis, a microbiological contaminants analysis, a mycotoxin analysis, a heavy metal analysis, and a pesticide chemical residue analysis which have been completed on a batch basis by a laboratory; and
c. where each step of the production, cultivating, trimming, curing, manufacturing, processing, and packaging method has been documented by using standard operation procedures verified by the Louisiana Department of Health.

Pharmacist-an individual currently licensed by the board to engage in the practice of pharmacy.

Pharmacy Technician-an individual who assists in the practice of pharmacy under the direct and immediate supervision of a licensed pharmacist and is currently certified to do so by the board.

Physician-Repealed.

Prescription Monitoring Program (PMP)-the electronic prescription drug monitoring program established by R.S. 40:1001 et seq.

Producer-a person licensed by the Louisiana Department of Health to cultivate marijuana for therapeutic use.

Production or Produce-the manufacture, planting, preparation, cultivation, growing, harvesting, propagation, compounding, conversion or processing of marijuana, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of marijuana by a patient or caregiver for the patients use.

Production Facility-a secure facility where the production of marijuana occurs and that is operated by a person to whom the Louisiana Department of Health has issued a producer license.

Sale-any form of delivery, which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant, or employee.

Usable Marijuana-the dried leaves and flowers of the marijuana plant, and any mixtures or preparations of such leaves and flowers that are appropriate for the therapeutic use of marijuana, but does not include the seeds, stalks, and roots of the marijuana plan.

La. Admin. Code tit. 46, § LIII-2441

Promulgated by the Department of Health, Board of Pharmacy, LR 431538 (8/1/2017), Amended LR 451473 (10/1/2019), Amended by LR 461227 (9/1/2020), Amended LR 491719 (10/1/2023).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1046.