Louisiana Revised Statutes 3:1465 – Licensure
Terms Used In Louisiana Revised Statutes 3:1465
- Applicant: means a natural person or any individual who applies on behalf of a partnership, corporation, cooperative association, limited liability company, joint stock association, sole proprietorship, joint venture, business association, professional corporation, or any other legal entity or organization through which business is conducted for a grower, processor, handler, or industrial hemp seed producer license. See Louisiana Revised Statutes 3:1462
- Commission: means the Agricultural Chemistry and Seed Commission. See Louisiana Revised Statutes 3:1462
- Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:1462
- Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1462
- Designated responsible party: means a natural person designated by the applicant or licensee as responsible for facility operations of the applicant or licensee facility. See Louisiana Revised Statutes 3:1462
- Grower: means any individual, partnership, corporation, cooperative association, or other business entity that is licensed by the department to cultivate industrial hemp. See Louisiana Revised Statutes 3:1462
- Handler: means any individual, partnership, corporation, cooperative association, or other business entity that handles industrial hemp. See Louisiana Revised Statutes 3:1462
- Industrial hemp: means the plant Cannabis sativa L. See Louisiana Revised Statutes 3:1462
- Industrial hemp seed: means Cannabis sativa L. See Louisiana Revised Statutes 3:1462
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensure: means any license that the department is authorized to issue to a grower, seed producer, processor, or handler of industrial hemp. See Louisiana Revised Statutes 3:1462
- Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
- Process: means converting industrial hemp into a marketable form. See Louisiana Revised Statutes 3:1462
- Processor: means any individual, partnership, corporation, cooperative association, or other business entity that receives industrial hemp for processing into commodities or products. See Louisiana Revised Statutes 3:1462
- Seed producer: means a person licensed by the department to obtain, produce, transport, and sell industrial hemp seed in the state. See Louisiana Revised Statutes 3:1462
A.(1)(a) Each seed producer shall obtain an annual license issued by the department. The license shall authorize the licensee to produce, transport, and sell approved seeds to licensed industrial hemp growers, seed producers, handlers, and processors.
(b) A licensed seed producer shall ensure that the seed complies with the standards set by the commission.
(c) The department shall provide information that identifies sellers of industrial hemp seed to growers.
(2) A grower of industrial hemp shall obtain an annual license issued by the department. The license shall authorize the licensee to possess, store, cultivate, trim, dry, cure, and transport industrial hemp in this state.
(3) A processor of industrial hemp shall obtain an annual license issued by the department. The license shall authorize the licensee to possess, store, process, and transport industrial hemp in this state.
(4) A handler of industrial hemp shall obtain an annual license issued by the department. The license shall authorize the licensee to handle industrial hemp in this state.
B. Any person desiring to obtain a license shall apply to the commissioner for a license on a form prescribed by the commissioner. A license must be obtained before a person purchases or obtains any industrial hemp seeds.
C.(1) The application for any grower, processor, handler, or seed producer license shall include the following information:
(a) The name and address of the applicant.
(b) The name and address of the designated responsible party, if the applicant is a business entity.
(c) If applicable, the legal description and global positioning coordinates of the land area to be used to produce or process industrial hemp.
(2) If any changes are made to the required information in Paragraph (1) of this Subsection, the applicant shall resubmit the application to the department within fifteen days.
D.(1) Upon application for initial licensure and every three years thereafter, each applicant shall be required to submit to a criminal background check pursuant to the provisions of this Subsection. For purposes of this Subsection, “applicant” shall mean an applicant or designated responsible party as defined in La. Rev. Stat. 3:1462.
(2) The applicant shall submit fingerprints and other identifying information to the Louisiana Bureau of Criminal Identification and Information for the purpose of obtaining state and national criminal history record information and grant permission to the department to obtain the state and national criminal history information on the applicant.
(3) Upon request by the department and upon submission of an applicant’s fingerprints, and such other identifying information as may be required, the bureau shall survey its criminal history records and identification files and make a simultaneous request of the Federal Bureau of Investigation for like information from other jurisdictions. The bureau may charge the applicant a reasonable processing fee for conducting and reporting on any such search.
(4) Any and all state or national criminal history record information obtained by the department from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use by the department in evaluating the applicant’s eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the department to any other person or agency.
(5) No person shall be eligible to obtain a license if convicted under state or federal law of any of the following:
(a) A felony within the ten years immediately preceding the date of application.
(b) A drug-related misdemeanor within the two years immediately preceding the date of application.
E. The applicant is responsible for any employee working under the applicant’s license.
F. The provisions of this Section shall not apply to the Louisiana State University Agricultural Center, the Southern University Agricultural Center, the University of Louisiana at Monroe Agribusiness Program, and the University of Louisiana at Monroe College of Pharmacy when performing research and development as provided for in La. Rev. Stat. 3:1469.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1; Acts 2022, No. 498, §1, eff. June 16, 2022.