Applicants and contractors for therapeutic marijuana production are not required to undergo a suitability investigation before getting a license or permit, but contractors must submit to a criminal history background check.
§1047. Permits relating to production of therapeutic marijuana; contractors of licensed producers; permit application requirements; authorization to obtain criminal history record information A. As used in this Section, the following terms have the meaning ascribed to them in this Subsection: (1) "Applicant" means a natural person, a corporation, limited liability company, partnership, joint stock association, sole proprietorship, joint venture, business association, cooperative association, professional corporation or any other legal entity or organization through which business is conducted. (2) "Contractor" means any person, partnership, joint venture, limited liability company, corporation, association, joint stock association, sole proprietorship, trust, other business entity, or juridical person whether incorporated or not selected by either the Louisiana State University Agricultural Center or the Southern University Agricultural Center through a competitive bid process to cultivate, extract, process, produce, and transport therapeutic marijuana. (3) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022. (4) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022. (5) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022. (6) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022. B.(1) No applicant for a specialty license or permit for the production of recommended marijuana for therapeutic use issued pursuant to R.S. 40:1046(H) or a contractor shall be required to undergo a suitability investigation conducted by any government agency as a prerequisite to obtaining a license or permit. (2) A contractor shall submit to a criminal history background check conducted by a government agency or private entity subject to any applicable terms and conditions of the contract between the university licensee and contractor. The requirement to undergo a criminal history background check shall be limited to employees of a contractor for the production of recommended marijuana for therapeutic use. The government agency designated to regulate licensees for the production of recommended marijuana for therapeutic use pursuant to R.S. 40:1046 shall issue a provisional permit to the contractor and shall be converted to an unconditional permit upon successful completion of the criminal history background check. C. Unless otherwise provided by law, nothing in this Section shall be construed to limit or prohibit a contractor from considering the results of a background check of a prospective employee in making the final determination of whether to employ the person. D. Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022. E. Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022. Acts 2016, No. 96, §1, eff. May 19, 2016; Acts 2022, No. 271, §4; Acts 2022, No. 628, §§1, 2, eff. June 18, 2022.