2021 Update:
As of May 2021, HB 699 (formly HB 524) legalized cannabis for adults 21 and older.
CBD products intended for oral consumption or inhalation are still prohibited. The state approved CBD products are limited to CBD tinctures, oils, lotion, and other topicals.
Original Post:
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Louisiana Hemp Laws and the legality of CBD in Louisiana, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Louisiana
Is Full Spectrum CBD Legal in Louisiana?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Louisiana permits only the CBD and hemp products which are permissible under FDA recommendations. That means that CBD gummies, other CBD edibles, and CBD drinks are not allowed in Louisiana (and technically not allowed anywhere per the FDA).
Is It Legal to Ship PCR Hemp Oil to Louisiana?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Louisiana?
In Louisiana you can buy CBD in stores or online. Just keep in mind that not everything available online is legal to possess specifically in Louisiana.
Do you need a special license to purchase PCR Hemp Oil in Louisiana?
You don’t need a special license to purchase CBD hemp oil (all types) in Louisiana, only to grow, test, or distribute products.
How Does Louisiana Legally Define Hemp?
'Industrial hemp' means the plant Cannabis sativa and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and cultivated and processed in accordance with the U.S. Agriculture Improvement Act of 2018, or the plan submitted by the Louisiana Department of Agriculture and Forestry that is in compliance with the U.S. Department of Agriculture rules.
Growing and Selling Hemp in Louisiana
Louisiana hemp growers are now applying to be the first to legally farm hemp in Louisiana for the 2020 growing season. Louisiana's hemp cultivation program is just beginning to take effect under Act 164, the Louisiana hemp laws. Louisiana Act 164 also includes language to constitute Louisiana CBD laws.
Retail Hemp and CBD products must comply with Louisiana hemp laws:
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- The THC must be reported as “total THC”
- Must be tested by the Louisiana Department of Agriculture
- Label must have an FDA disclaimer and scanable QR code
- Product COAs must meet a specific format
In addition to Louisiana state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet. Uniquely, Louisiana CBD retailers need to have a CBD Dealer Permit from the Office of Alcohol Tobacco Control.
Louisiana state hemp laws allow for many products as long as they also comply with FDA CBD requirements:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Smokable Hemp Prohibition in Louisiana
Smokable hemp products are prohibited in Louisiana, as in Indiana. Their explanation for this prohibition is that they feel it is too much like legalizing recreational marijuana because it looks and smells alike. While Indiana and Louisiana's smokable hemp prohibition is built on logically and legally flimsy thinking, it is the current law and something to consider. While online shops can legally ship hemp anywhere in the US, if you live in Louisiana you could face criminal penalties for possessing it!
