1. A. Retailers may refuse delivery from a manufacturing facility of marijuana products if it is determined at receiving that the product is misbranded, adulterated, expired, or otherwise in a non-saleable condition. Such refusals shall be recorded in the POS system and the Louisiana Medical Marijuana Tracking System.

2. B. Marijuana products may be issued by appropriate retailer staff to a patient or the patient’s caregiver on the premises or by delivery to the patient’s or caregiver’s address.

   1. 1. Patients or caregivers must have an authorized clinician send a paper or electronic recommendation bearing the clinician’s signature directly to the retailer prior to fulfillment.

   2. 2. Recommendations must include the following information, at a minimum:

      1. a. the name, address, and telephone number of the authorized clinician;
      2. b. name, address and date-of-birth of the patient;
      3. c. the name of the debilitating medical condition listed in R.S. 40:1046 for which the therapeutic marijuana will act as a treatment;
      4. d. if applicable, a list of any dosage forms of marijuana that may be contraindicated by the patient’s debilitating condition or co-morbidities;
      5. e. date of recommendation and an expiration date not to exceed 12 months from the date of the recommendation; and
      6. f. self-certification that the authorized clinician is in good standing with the relevant licensing board as specified in R.S. 40:1046(B). For nurse practitioners, the self-certification shall affirmatively state that the recommender has prescriptive authority conferred by the State Board of Nursing.
   3. 3. The retailer shall provide laboratory test results for any marijuana product available for sale to the patient upon request.
3. C. Deliveries must be made available upon request at least once per month per ZIP code serviced by the retailer; however, no delivery may be made outside the state of Louisiana.
4. D. Any marijuana product that is part of a delivery that is not completed must be returned to the retailer of origin, and if the packaging integrity cannot be verified by retailer staff, it must be disposed of by a department-approved method and that disposal documented in the firm’s POS system.
5. E. Marijuana products, whether provided on- or off-premises, must be packaged in tightly-sealed and light-impermeable packaging.
6. F. Retailers may utilize a recommendation issued by an authorized clinician to supply a patient on multiple occasions with marijuana products, provided that the fulfillment is consistent with the requirements of §2505.C and that the fulfillment does not exceed the amount indicated on the recommendation or consist of a dosage form not specified under §2103.B of this Subpart.
7. G. As long as no marijuana product is provided to an out-of-state address, retailer staff may provide marijuana products to a visiting qualifying patient in compliance with the provisions of this Section and R.S. 40:1046.1. A retailer shall retain all documents required by R.S. 40:1046.1(C)(2) for at least three years.

8. H. No marijuana product may be sold by the retailer unless it bears a label including the following information:

   1. 1. the name, address, and telephone number of the retail firm;
   2. 2. the name of the authorized clinician recommending the product;
   3. 3. the name of the patient;
   4. 4. date of fulfillment;
   5. 5. transaction identification number, which shall be a unique identifier;
   6. 6. the identity of the product;
   7. 7. quantity of product in the package;
   8. 8. directions for use; and
   9. 9. expiration date, as provided by the manufacturing facility.

Authority Note

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

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health, Office of Public Health, LR 52:63 (January 2026).