Is CBD Legal in Louisiana?

Is CBD oil legal in Louisiana? What about other forms of CBD products in Louisiana? Are they legal in this state? Sometimes figuring out the state laws on CBD use can be confusing, especially if they don’t follow the federal guidelines on CBD.

TL;DR – CBD oil is legal in Louisiana, as are other forms of CBD products. As long as they contain less than 0.3% THC and are made out of hemp extract, the products are 100% legal. Also, the state has nine state approved medical marijuana pharmacies, particularly concentrated in locations around major city centers.

In this article, we talk all about Louisiana CBD laws, licensing requirements in the state (if applicable) and where to buy CBD in Louisiana.

As a side note, medical marijuana use became legal in Louisiana in 1978 with the passing of the Louisiana Medical Marijuana Program. This program has been changed many times since then, most recently in 2019.

What is CBD?

CBD, also known as cannabidiol, is a non psychoactive compound that comes from cannabis. These compounds are known as cannabinoids. A more popular cannabinoid most people know of is THC. Just because THC and CBD are both cannabinoids, doesn’t mean they are the same thing, though.

Studies continue to show CBD may have a host of beneficial properties, with the most popular of these being: anti-inflammatory, anti-seizure, and pain relieving properties. People all over the United States are turning to CBD for its ability to offer real relief from different forms of discomfort.

Marijuana and Hemp Differences

Cannabidiol is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant. This is an important distinction to keep in mind when discussing the laws of CBD oil use in LA.

As you can see in the chart above, both marijuana and hemp make up the cannabis plant family. A lot of people don’t realize this distinction between the plants.

Basically, industrial hemp cannot (by law) contain more than 0.3% THC. If it does, it is automatically classified as marijuana, and is therefor a heavily controlled substance.

CBD is a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%. Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal. A THC amount of 0.3% isn’t enough to get anyone high. In fact, this amount is so low that you could drink an entire container of CBD oil (not recommended), and still not get high.

Supplementing with CBD is a great way to treat patients in a more natural way than other medications that have harsh side-effects. CBD research exploded over the last few years. Large investments are continuing to be made in research and development.

The FDA is still figuring out their approval process for CBD, so until this is complete, CBD will not be able to achieve the status of a dietary supplement.

Why is CBD Illegal in Some Places?

This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has its own laws.

While most states have followed the Farm Bill of 2018 footsteps, a handful of states still have strange laws revolving around CBD. Thankfully, CBD is legal in Louisiana.

Some of the more conservative states identify CBD with marijuana, even though it is completely non-psychoactive. For this reason, they have a set of strict laws. As time goes on, though, states are continuing to soften these CBD laws.

How Did the Farm Bill Help Hemp?

The 2018 Farm Bill brought a revolution for hemp and hemp derived products. The growing of hemp became federally legal for recreational purposes when this was passed.

This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances. As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list.

This means that people can now use hemp gummies for pain relief, or other forms of relief, and do it 100% legally. If you’re one of the many people looking for legitimate CBD gummies for relief, check out our online CBD store. We sell some of the best gummies in the industry.

The United States FDA and CBD Laws

The Food and Drug Administration has the authority of regulating CBD product labeling, monitoring therapeutic claims for CBD, and the usage of CBD for recreational and dietary purposes.

The FDA, currently, has not allowed the advertisement of hemp-derived CBD as a dietary supplement, or as an additive to food and beverages. The FDA must authorize any health claims that CBD products make. No medications to date have received this designation, except for the pharmaceutical drug Epidiolex.

While the Food and Drug Administration has maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD as a dietary supplement. In addition, the Farm Bill has given the authority to states to allow or disallow the cultivation and business of CBD.

Let’s move on to the laws surrounding CBD in Louisiana.

Is CBD Legal in Louisiana?

Louisiana has already taken many positions on the legalization of both cannabis and hemp.

Up until 2022, CBD had a strange grey area surrounding it in the state of LA. However, in 2022, Louisiana clarified a lot of these grey areas, and issued the following summary of changes to their hemp products program:

• “Adult-use” hemp products – any item containing more than 0.5 mg THC – must be declared as “adult-use” (or similar language) on label
• For non-floral products, THC content per serving may not exceed 8 mg
• Retail packages need to bear labelling or markings clearly identifying a single serving
• Labels must indicate the quantity of THC per serving, serving size, and total servings per package
• Certificates of analysis must include phytocannabinoid content expressed as a percentage of the product mass
• Certificates of analysis must include total THC per serving, total number of servings, and total THC per package–all expressed in milligrams per gram or milligrams per milliliter
• Applications for new hemp product registration must include verification that the products are produced from hemp
• Products may be designated “Louisiana Hemp Products” and bear a Louisiana Hemp Product logo if and only if grown and produced in Louisiana and registered as such with the department

Louisiana lawmakers are working to submit new regulations U.S. Department of Agriculture that remove marijuana as a controlled substance. Louisiana approved their USDA state hemp plan on Dec. 23, 2019.

As of Dec. 27, 2019, the Louisiana Department of Agriculture and Forestry (LDAF) Industrial Hemp Program began accepting license applications to produce, transport and process industrial hemp in Louisiana. Please continue to monitor this website for updated information on the status of the program and additional information on how to become a licensed grower, transporter or processor of industrial hemp.

Licensing Requirements for CBD in Louisiana

Finished CBD products with over a .5 % THC concentration require a license for use in Louisiana. This makes them marijuana products, and are also classified for adults only. A medical card is mandatory for legal use of marijuana. Possession of marijuana is illegal without this card.

It is not legal to grow Industrial Hemp in Louisiana at this time without approval. Louisiana’s state plan by the USDA (Dec. 23, 2019) and creation of state laws (pending) should finish up soon. Then, only LDAF licensed farmers can to grow industrial hemp in Louisiana.

Louisiana’s industrial hemp state plan was approved by USDA on Dec. 23, 2019. State rules are pending final adoption.

Louisiana CBD Possession Limits

Currently, there is no possession limit for hemp-derived CBD products in Louisiana.

Where to Buy CBD in Louisiana?

Ordering CBD online is legal as as long as the producer meets the state’s standards. I want to caution you though, to be extra careful on where you purchase your CBD products.

New Phase Blends is a veteran owned and operated CBD company, and we offer nothing but premium CBD products that come with a 30 day money back guarantee. At least give us consideration before purchasing – I know you’ll be happy with your purchase.

In the summer of 2020, the FDA conducted a study on CBD products from different brands. They reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive. I would hate to see a bogus CBD company rip you off.

Summary – Is CBD Oil Legal in Louisiana?

Yes, CBD is legal in Louisiana. Here are some things to look for to make sure your CBD falls within the federal guidelines for use:

• Hemp-derived CBD is legal
• It must contain less than 0.3% THC
• I recommend that the CBD labels include a QR code that scans to a third-party lab result
• Marijuana-derived CBD is not legal

That about wraps up covering the legalities of CBD within LA. If you are looking to purchase or possess CBD oil in Louisiana, you don’t have to worry. It is 100% legal in Louisiana.

References

Louisiana Medical Marijuana Program: https://www.ldaf.state.la.us/medical-marijuana/
USDA Farm Bill: https://www.usda.gov/farmbill

Is CBD Oil Legal in the United States? A comprehensive, state by state legal guide by NPB.