Is CBD legal in Louisiana? This is the question that this article will focus on.
The laws around cannabis products have evolved over the years in the U.S and across the globe. While some states such as California and Oregon decriminalized marijuana some years ago, some like Louisiana, North Dakota, and Oklahoma have had laws that declared cannabis illegal.
However, the 2018 Farm Bill descheduled some cannabis products from the Controlled Substances Act. Hemp and CBD became legal because it’s derived from industrial hemp and the THC levels in CBD does not exceed 0.3%. While Louisiana state recognizes the 2018 Farm Bill and has legalized industrial hemp, the retailers, growers, processors, and users have to deal with the complicated state laws.
According to Louisiana State's new law, hemp-derived CBD oil and several CBD products are legal. However, there are also a set of new restrictions on the permitted types of CBD products. So, is CBD legal in Louisiana 2021? Here’s all you need to know.
What is CBD?
Cannabis plants produce more than 100 cannabinoids, and cannabidiol (CBD) is one of them. This chemical compound is present in the cannabis Sativa plant and is the second most prevalent active ingredient in cannabis after THC.
While THC produces marijuana's intoxicating effects, CBD is non-intoxicating and is believed to be behind the plant's therapeutic and medicinal qualities. Because of this, it’s an essential component of medical marijuana and is directly derived from the hemp plant. While CBD is a key component of cannabis, it will not get you high.
As a cannabinoid, CBD has a similar molecular structure to THC but differs in the atom arrangement. This difference determines the effects on the human body.
Just like THC, when consumed, CBD binds with the cannabinoid receptors in the body but doesn't have intense psychoactive effects. Because of this, researchers have identified the potential benefits of CBD for medicinal purposes, and it's recommended for the treatment of conditions such as seizure disorders and can also be used for skincare.
CBD is sold in the form of oils, extracts, gels, gummies, and supplements on the market. Despite the legalization of hemp products by federal law, different states have varying laws that determine the legitimacy of this compound. This causes confusion among users, retailers, and growers.
In addition, CBD is sometimes considered illegal because the U.S. Food and Drug Administration (FDA) has not revised the rules that regulate CBD's labeling, therapeutic claims, and its use as a food additive or dietary supplement. Also, states have the power to regulate CBD independently without sticking to the FDA rules.
Is CBD Legal in Louisiana? [Laws & Regulations]
If you live in Louisiana, you may be probably wondering is CBD legal in Louisiana? and what is the CBD law in Louisiana?
Also known as the Pelican State, Louisiana has complicated laws when it comes to cannabis products. Even though it's legal to grow hemp in Louisiana, the state still has limitations on hemp and CBD. These complications and limitations have earned Louisiana the nickname "The Reefer Madness State."
For instance, the hemp flower is legal according to the Louisiana laws, but they still prohibit the processing and selling of hemp for inhalation purposes. Apart from inhalable or smokable hemp and CBD products, they also don’t allow the sale of CBD-infused food, alcoholic drinks, or beverages with CBD additives.
In 2018, the Louisiana Board of Pharmacy had declared CBD possession as unlawful. The board classified CBD oil as a cannabis plant-derivative because the compound being is found in marijuana plants.
In early 2019, the board and the Louisiana Office of Alcohol and Tobacco Control (ATC) began to notify businesses dealing with CBD products that it was illegal. The agencies supported this claim because no state laws were distinguishing hemp-derived CBD from marijuana-derived CBD.
House Bill 491
However, later in 2019, lawmakers presented the state government with House Bill 491, which proposed the legalization, sale, and cultivation of hemp derivatives. Governor John Bel Edwards signed the bill into Act 164 in June 2019. This regulation provided a clear guideline for legal and illegal use of CBD in Louisiana.
The bill also specified what constitutes a legal CBD product and indicated CBD labeling, production, and retail regulations. This was a win for most cannabis enthusiasts because Louisiana law enforcement labeled all forms of cannabis plant compounds as illegal before the bill was passed.
These were the most important regulations from House Bill 491.
Hemp plants with a THC concentration of 0.3% are legal in Lousiana. In addition, all the products derived from legal hemp plants also became legal in the state. This includes hemp CBD products and CBD oil.
For retailers to sell any hemp-derived CBD products, they must be licensed by the Alcohol and Tobacco Control (ATC). You should also register their physical place of business, even if you are an online retailer.
There are different types of licenses to get in Louisiana. A grower's license permits you to cultivate, handle and transport industrial hemp within the state.
Seed producer licenses are given to allow the sale, production, and transportation of industrial hemp seeds. On the other hand, processors need a permit to handle, transport, and process industrial hemp.
Contract carriers get the license to transport the hemp. The state provides the application forms for all these licenses before you can deal with CBD and hemp.
State Regulation and Jurisdiction
Under this bill, the state’s CBD industry is governed by the Louisiana Office of Alcohol and Tobacco Control (ATC). This agency now oversees the sale of alcohol, tobacco, and CBD. Therefore, if you want to get into this business, you have to ensure you have the necessary permits from the agency.
CBD producers and growers need to meet labeling requirements set out in the bill. This shows that the products have been tested to ensure that the levels of THC are below 0.3%.
The Louisiana Department of Health also requires that CBD products should not make any medical claims and have this disclaimer on their packaging, “These products have not been evaluated by the FDA and are not intended to diagnose, treat cure, or prevent any disease."
In addition, all the CBD products must have a code that can be scanned and links to a website or page with information such as the certificate of analysis as proof that it’s a legal hemp product.
The Louisiana Department of Health (LDH) requires every CBD producer or manufacturer to provide a certificate of analysis (COA) for every batch. This certificate is necessary if one needs a license to sell CBD products in the state.
This COA is a third-party laboratory test that indicates the ingredients in CBD oil products. It tests the potency and concentration of cannabinoids. In addition, it will also check whether the CBD products have any heavy metals, harmful pesticides, herbicides, and any other unwanted substances.
What is the CBD Possession Limit in Louisiana?
Under the Louisiana laws, there are no limits as to how much hemp-derived CBD you can possess. However, CBD products come with several restrictions, despite passing the bill to legalize them.
As a user, you need to know the rules to avoid getting into legal trouble. If you are a resident in this state, you have the following restrictions.
You Can’t Sell Inhalable or Smokable CBD
The state has also banned the sale of CBD for the purposes of inhalation. Therefore, you might get into trouble if you prefer smoking because law enforcers can't easily differentiate between CBD, hemp products, and illegal cannabis.
CBD-infused Foods and Beverages
CBD producers and retailers in Louisiana are also prohibited from selling foods and beverages infused with CBD. Therefore, this means it's illegal to sell CBD gummies or other products that have these compounds.
CBD Marketed as Dietary Supplements or Food Additive
Louisiana CBD retailers can't sell products such as edibles because the bill states that they shouldn't label any product as a dietary supplement. This limitation is enforced because the state must register all cannabidiol products. All these caveats are becoming an issue for retailers in the state.
Where To Buy Best CBD Products In Louisiana?
While certain hemp products are available in Louisiana, the level of restriction on some products has pushed more residents to order the products online. So, where can you buy CBD in Louisiana?
Before the state passed House Bill 491, CBD and hemp products were readily available. Now with the requirement of licenses from ATC, the number of people selling CBD products has reduced. This is also because most of them have to wait for their application and permits to be processed.
The ATC began issuing permits for CBD sales in 2019. You can purchase CBD oil and other CBD products either online or at state-licensed retailers, including gas stations, convenience stores, liquor stores, and other CBD-specific retailers.
When purchasing brands, Louisiana residents are advised to go for reputable brands that have been registered with the Louisiana Department of Health. According to them, these brands have been checked for third-party lab results and closely examined by the local regulators; therefore, they pass the safety test.
As a CBD enthusiast, you need to know how to read product labels and packaging to get the best products. Under current Louisiana laws, CBD products must have a scannable code that directs you to the COA and a disclaimer that the FDA has not approved the product.
Apart from this, you should also purchase your CBD from companies that provide information such as the amount of active CBD in the product, any other ingredients or supplements, and whether the CBD is full-spectrum, broad-spectrum, or isolate.
Before buying CBD oil in Louisiana, it's advisable to consider what types and forms of CBD products are legal. Let's take a look at some of the products you can buy in Louisiana.
Active CBD Oil Distillate Cartridges
Distillate cartridges are used when consuming CBD oil. In recent years, this hemp-extracted product has become popular and created a buzz in the beauty and skincare industries.
CBD oil is now used to relieve skin conditions like inflammation, dryness, and damage. CBD oil has different strengths; therefore, it can be used in lotions, creams, placed under the tongue, or applied directly to the skin.
You can also purchase CBD tinctures in Louisiana without any problems. This hemp product is also legal because it doesn't have to be inhaled.
Naturally Peaked CBD Vape Cartridge
This high-quality CBD liquid is derived from 100% industrial hemp. It also has natural terpenes and 0% THC. The terpenes present in these CBD vape cartridges also have a relaxing effect on the body.
Genesis Hemp Buds
This organic CBD flower is non-intoxicating and reduces certain cannabis side effects. CBD buds are also suitable for inducing relaxation. The product is high quality and lab-tested; therefore, safe for consumption.
CBD regulations are still being developed in most states in the USA. While the federal government has already legalized the use and sale of CBD and other hemp-derived products, there’s still confusion and complicated laws in states such as Louisiana. The passing of House Bill 491 helped to bring clarity on what’s considered legal.
However, despite the new regulations, there are some restrictions on some CBD products and a lot of licenses required for growers, retailers, and processors. The Louisiana Department of Health and the Alcohol and Tobacco Control closely monitor all the CBD business players.
Now that you know the answer to the question - Is CBD legal in Louisiana? As a CBD enthusiast, it’s also vital that you buy products from a reputable brand.
Whether you are sourcing online or at a physical store, you should check that the brand meets all the set laws and the product is safe. In addition, if you are in Louisiana, you should go for allowed products; otherwise, you might get into legal trouble.
CBD is legal in Louisiana, but it comes with some specific regulations. If you want to order some of the permitted CBD products from CBD Genesis, we can ship them to your location today.