News & Insights

Part 2: Louisiana Board of Pharmacy Releases Marijuana Emergency Rules

July 30, 2020

Part 2: Louisiana Board of Pharmacy Releases Marijuana Emergency Rules

Part 1, which includes information about the marijuana law changes and risk management considerations, can be found here.

In order to properly administer the latest changes to Louisiana’s medical marijuana law, the Louisiana Board of Pharmacy (LBP) has released emergency rules that amend its current rules governing marijuana pharmacies and professional practice standards relative to recommendations for therapeutic marijuana. These emergency rules are effective on August 1, 2020, which is also when the latest changes to Louisiana’s marijuana statute take effect, and will continue for 120 days unless it is extended or rescinded.

Professional Practice Standards

Under the rule, marijuana pharmacies are permitted to accept recommendations for a marijuana product when the recommendation is issued directly by a physician licensed by and in good standing with the Louisiana State Board of Medical Examiners (LSBME). The physician must also have an unrestricted state controlled substance license with therapeutic marijuana privileges, which can be requested from the LBP. Pharmacists will only accept recommendations made by electronic prescription or, alternatively, by facsimile bearing a handwritten or digital signature of the physician. 

Any recommendation (or “request”) for therapeutic marijuana sent by an eligible physician shall, at a minimum, contain the following information:

  1. Name, address, telephone number and national provider identifier (NPI) number of the physician issuing the request; 
  2. Name, address and date of birth (or age) of the patient for whom the request was issued;
  3. Identification of the debilitating medical condition for which the treatment has been requested; 
  4. Treatment requested; 
  5. Date request was issued; 
  6. Self-certification that the physician holds a current and unrestricted license to practice medicine issued by the LSBME; and 
  7. Signature of the physician issuing the recommendation, excluding any proxy or agent. 

Consider creating a form to ensure that all of the necessary information is included. Physician recommendations for marijuana products expire one year from the date of issuance or less if indicated by the physician. The pharmacist will not be able to dispense more than a 90-day supply at one time nor will they be able to dispense more than a one-year supply of marijuana product pursuant to a single request. 

CDS License with Therapeutic Marijuana Privileges

Though physicians no longer need to obtain a therapeutic marijuana permit from LSBME, eligible physicians interested in recommending therapeutic marijuana must apply for a CDS license on the LBP website. Schedule I privileges are not automatically granted. Physicians already holding a CDS license but who have not already obtained Schedule I privileges for therapeutic marijuana must send a written request to the LBP office (via email to info@pharmacy.la.gov or via fax to 225.925.6499) to modify their Schedule I privileges to include therapeutic marijuana. The LBP staff will confirm with LSBME that the medical license is active and unrestricted and then make the requested change for Schedule I, which will read “Limited to Therapeutic Marijuana.” There is no fee for this service.  

All of the CDS licenses are verifiable on the LBP website and include all of the different schedules authorized. While the verification can be printed and accessed without charge, physicians wishing to order a duplicate copy of the license reflecting the change should use the LBP product order form to purchase one.

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