LOUISIANA CONSTITUTIONAL AMENDMENT 28

Amendment for Cannabis Control & Regulation

This measure amends the LOUISIANA CONSTITUTION of 1974 by adding Section 28
LOUISIANA CANNABIS CONTROL AND REGULATION ACT to Article 1 DECLARATION
OF RIGHTS.
This amendment implicitly repeals, in part or in whole, and amends various statutes and subsections
including but not necessarily limited to { RS 40:964 , RS 40:961, RS 40:966 , RS 40:996.1 , 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 , RS 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 }
Be it resolved by the people of the state of Louisiana that the Constitution be amended:
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 removed from the Louisiana Revised Statutes list of controlled
substances and shall no longer be listed among Louisianas drug schedules.
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.
(n) A medical marijuana establishment must have employees 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., Alzheimers,
Parkinsons, rheumatoid arthritis, seizures, epilepsy, AIDS/HIV, severe or chronic pain,
schizophrenia, depression, restless leg syndrome, Chrones disease, hypothyroidism,
alcoholism, agoraphobia, Alopecia Areata, amphetamine dependency, amyloidosis,
angina pectoris, ankylosis, anorexia, arthritis, autism, Huntingtons disease, leukemia,
Aspbergers, autoimmune disease, Bells Palsy, bipolar disorder, brain tumors, bruxism,

renal failure, cocaine dependancy, colitis, conjunctivitis, cystic fibrosis, muscular

dystrophy, Dariers 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, MRIs, 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
physicians 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 fees 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 State of Louisiana 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 Louisiana Tax Office 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 with a nanogram level of 20 nanograms and above while
driving 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.
(j) A recreational cannabis establishment must have employees licensed by the Louisiana
Department of Labor for recreational cannabis sales.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) Tax revenues accrued in pursuant of 47:2601-47:2610 shall be appropriated:
(I) Upon passage of this act, the citizens of Louisiana shall no longer be responsible for
any extra fees,charges, damages, in lieu of natural disasters of any kind. All
current and past taxed hurricane funds, hurricane damage fees, and any other natural
disaster tax that been accredited to the citizens of Louisiana in the form of services, or
service fees for utilities of any kind shall be hence forth held responsible by the
Louisiana Department of Revenue and taxes accumulated by 47:2601-47:2610.

(II) 1st stage tax revenue: 1st fiscal $15,000,000 (fifteen million dollars) accrued by
shall be appropriated for the Louisiana Board of Education for the education system and
student care; i.e. uniforms, lunches, etc.
(III) 2nd stage tax revenue: $3,000,000 (three million dollars) accrued shall be
appropriated to Louisiana Department of Labor
(IV) 3rd stage tax revenue: $10,000,000 (ten million dollars) accrued shall be
appropriated to Louisiana Dept of Health and Hospital
(V) 4th stage tax revenue: $20,000,000 (twenty million dollars) accrued shall be
appropriated to fund any and all natural disaster taxes and insurances inflicted by service
fees for utilities governed by or owned by the state. Any balance amount held afterwards
shall be used for current and future restoration projects created by natural disaster,
upkeep of state forestry services, and maintenance of state maintained public highways
and roads. Any balance over $50,000,000 (fifty million dollars) in this account shall be
redistributed amongst the taxpaying citizens of Louisiana, at the end of the fiscal year.
(q) 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.
10. Banks located within the Louisiana state lines are required to not be discriminative against any
patient or cannabis based business. Banks are encouraged to conduct business with the cannabis
industry.
11. Any person who willingly impedes the lawful exercise of these provisions is guilty of a Class A
misdemeanor.
12. All provisions of this section are self-executing and severable, and, except where otherwise
indicated in the text of this document, shall supersede conflicting city, county, state, or federal
statutory, local charter, ordinance, or resolution.