La. Admin. Code tit. 46 § LIII-2451

Current through Register Vol. 50, No. 9, September 20, 2024

Section LIII-2451 - Operation of Marijuana Pharmacy

A. No person may operate a marijuana pharmacy without a marijuana pharmacy permit issued by the board, and further, that permit shall be in active or restricted status. A pharmacist shall be on duty at all times during the regular open hours of the marijuana pharmacy.

B. A marijuana pharmacy shall not dispense marijuana from, obtain marijuana from, or transfer marijuana to, a location outside of the state of Louisiana.

C. A marijuana pharmacy shall not obtain, cultivate, deliver, transfer, transport, sell or dispense marijuana except:

1. it may acquire marijuana from an authorized producer pursuant to the provisions of R.S. 40:1046; and

2. it may dispense and sell marijuana to a patient with a recommendation/prescription/order for such marijuana or the patients caregiver.

D. No person at a marijuana pharmacy shall provide marijuana samples.

E. A marijuana pharmacy shall sell marijuana products only in a secure and light-resistant container. Nothing herein shall preclude a pharmacist from compounding a marijuana product appropriate for his patient.

F. Only a pharmacist may dispense marijuana, however, other licensed pharmacy personnel may assist the pharmacist in the dispensing process. The sale of dispensed marijuana products may be accomplished by any pharmacy employee.

G. A marijuana pharmacy shall place all products sold to the patient or caregiver in an opaque package that shall not indicate the contents of the package, the originating facility or in any other way cause another person to believe that the package may contain marijuana.

H. A marijuana pharmacy shall not permit any person to enter the prescription department unless that persons responsibilities necessitate access to the department and then for only as long as necessary to perform the persons job duties.

I. While inside the pharmacy, all pharmacy employees shall wear name tags or similar forms of identification that clearly identify them to the public, including their position at the pharmacy.

J. A marijuana pharmacy shall be open for qualifying patients and primary caregivers to purchase marijuana products for a minimum of 10 hours per week.

1. A marijuana pharmacy that closes during its normal hours of operation shall implement procedures to notify patients and caregivers of when the marijuana pharmacy will resume normal hours of operation. Such procedures may include, but are not limited to, telephone system messages and conspicuously posted signs.

2. In the event the pharmacist on duty leaves the prescription department, the prescription department shall comply with the provisions of §1109 (temporary absence) or §1111 (closure) of this Part.

K. A marijuana pharmacy shall provide information to patients and caregivers regarding the possession and use of marijuana. Such informational material shall include information related to:

1. limitations on the right to possess and use marijuana pursuant to R.S. 40:1046;

2. safe techniques for proper use of marijuana and paraphernalia;

3. alternative methods and forms of consumption by which one can use marijuana;

4. signs and symptoms of substance abuse; and

5. opportunities to participate in substance abuse programs.

L. Repealed.

M. The receipt of all deliveries from producers shall be carried out under the direct supervision of a pharmacist who shall be present to accept the delivery.

N. No marijuana pharmacy shall acquire, possess or dispense any controlled substance other than medical marijuana products authorized by R.S. 40:1046.

O. No marijuana shall be administered on the premises of a marijuana pharmacy, except during patient counseling, education or training.

P. No person associated with a marijuana pharmacy shall enter into any agreement with an authorized clinician or health care facility concerning the provision of services or equipment that may adversely affect any person's freedom to choose the marijuana pharmacy at which the patient or caregiver will purchase marijuana.

Q. Delivery of Dispensed Marijuana Products

1. A marijuana pharmacy shall dispense a marijuana product to a patient or his caregiver in the marijuana pharmacy. At the patient's request, the caregiver may deliver a dispensed marijuana product to the patient's location.

2. Each marijuana pharmacy shall offer home delivery to patients in each zip code within its region at least once per month.

3. At the patient or caregiver's request, the marijuana pharmacy may deliver or facilitate the delivery of a dispensed marijuana product to the patient's location.

4. The delivery of a dispensed marijuana product is subject to the following requirements:

a. The marijuana pharmacy shall not deliver or facilitate the delivery of a marijuana product to a location outside the state.

b. The marijuana pharmacy shall ensure the physical integrity and security of the marijuana product while in transit.

c. In the event the delivery of the marijuana product is not completed, the marijuana product shall be returned to the marijuana pharmacy from which it was dispensed.

d. In the event the pharmacist-in-charge of the marijuana pharmacy cannot assure the integrity and security of a returned marijuana product, the pharmacy shall dispose of the marijuana product.

R. No marijuana shall be sold when the marijuana pharmacy is closed and not open for business.

S. Board representatives, local law enforcement or other state or local government officials may enter any area of a marijuana pharmacy if necessary to perform their governmental duties.

T. Right of Inspection. The board, or its agent, representative, or designee, is authorized:

1. to enter a marijuana pharmacy at any time during its hours of operation, or any other place, including a vehicle, wherein marijuana is held, dispensed, sold, or otherwise disposed of;

2. to inspect within reasonable limits and in a reasonable manner, such place and all pertinent equipment, finished and unfinished material, containers and labeling, and all things therein, including records, files, financial data, sales data, shipping data, pricing data, employee data, research, papers, processes, controls and facilities; and

3. to inventory any stock of marijuana therein and obtain samples of any marijuana or marijuana product, any labels or containers for marijuana, paraphernalia, and of any finished and unfinished material.

U. Inspection of Records. Every person required to prepare, obtain or keep records, logs, reports or other documents, and every person in charge, or having custody, of such documents shall maintain such documents in an auditable format for no less than two years. Upon request, such person shall make such documents immediately available for inspection and copying by the board or its authorized representative. In complying with this Section, no person shall use a foreign language or codes or symbols to designate marijuana types or persons in the keeping of any required document.

La. Admin. Code tit. 46, § LIII-2451

Promulgated by the Department of Health, Board of Pharmacy, LR 431547 (8/1/2017), Amended by LR 461227 (9/1/2020), Amended LR 47590 (5/1/2021), Amended LR 482103 (8/1/2022), Amended LR 491720 (10/1/2023).

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