Is CBD Oil Legal in Louisiana?

Is CBD Oil Legal in Louisiana?

Yes, cannabidiol (CBD) is legal in Louisiana. Following the enactment of the Agriculture Improvement Act (2018 Farm Bill) in 2018, Louisiana passed Act 164 (Louisiana Hemp law) in 2019 to legalize the cultivation and production of industrial hemp in the state. In line with the 2018 Farm Bill, the Act defined hemp as a cannabis plant containing no more than 0.3% THC. Hence, CBD products derived from hemp are legal in Louisiana. However, marijuana-derived CBD remains illegal for recreational use in the state.

Louisiana also enacted Act 491 in 2015 to allow the use of medical marijuana, including marijuana-derived CBD, to treat certain diseases and medical conditions in the state. Registered medical marijuana patients in Louisiana may possess and use marijuana-derived CBD oil.

What are Louisiana CBD Laws in 2024?

The Louisiana medical marijuana law was enacted in 2015 to allow the use of marijuana to treat certain medical conditions/diseases. The law allowed marijuana-based CBD to be used by registered medical marijuana patients.

Hemp-derived CBD is also legal for all adult residents of Louisiana. The Louisiana Hemp law legalized hemp and hemp-derived products with no more than 0.3% THC in Louisiana. An amendment to the state’s hemp law, Act 336, differentiated between consumable hemp products and non-consumable hemp products. The Louisiana Department of Health (LDH) now manages and regulates consumable hemp products in the state, while the Louisiana Department of Agriculture and Forestry (LDAF) oversees hemp cultivation and processing of non-consumable hemp. The LDH limits the amount of THC in hemp-derived CBD to no more than 8 milligrams per serving. Act 164 prohibits the addition of CBD to food and beverages until the U.S. Food and Drug Administration (FDA) permits it.

The distribution and sales of hemp-derived CBD are administered by the Louisiana Office of Alcohol and Tobacco Control (ATC) under the Louisiana Department of Revenue. On April 20, 2023, the Louisiana House advanced House Bill 605, a bill aimed to reduce the servings and packaging sizes of consumable hemp products, including hemp-derived CBD products, in the state. This bill has not been passed as of early 2024.

What are Louisiana CBD Possession Limits?

Louisiana residents aged 21 years and older may possess any amount of hemp-derived CBD with no more than 0.3% Delta-9 THC and no more than 1% total THC variants (Delta-8 and Delta-10 THC). However, they are prohibited from buying hemp-derived CBD products with more than 8 mg of THC per serving. In addition, Louisiana permits the possession of up to 3 ounces of marijuana-derived CBD and the purchase of no more than 9 ounces in a 30-day period by registered medical marijuana patients.

Can Doctors Prescribe CBD Oil in Louisiana?

Licensed physicians in Louisiana may recommend marijuana-derived CBD products, including CBD oil, to registered medical marijuana patients. The qualifying medical condition for marijuana-derived CBD oil in the state include:

• Cancer
• Crohn’s disease
• Epilepsy
• Cachexia
• HIV/AIDS
• Glaucoma
• Autism spectrum disorders
• Muscular dystrophy
• Seizure disorders
• Intractable pain
• Multiple sclerosis
• Post-traumatic stress disorder
• Parkinson's disease
• Any other debilitating medical condition a physician considers can be treated or managed with medical marijuana

How Old Do You Have to Be to Buy CBD in Louisiana?

Louisiana prohibits persons under 21 years from possessing hemp-derived CBD in the state. An advisory by the Louisiana Office of Alcohol and Tobacco Control directs that hemp products containing more than 0.5 mg of THC must not be sold to persons under 21 years. Marijuana-derived CBD may be sold to registered medical marijuana patients aged 18 years and older.

What are the Licensing Requirements for CBD in Louisiana?

Louisiana requires all growers, handlers, and retailers of industrial hemp to be licensed before they can cultivate or process hemp for CBD. Applicants for any of the state’s hemp licenses are required to submit criminal background checks from the Federal Bureau of Investigation (FBI) or the Louisiana State Police. They must be free of felony convictions within 10 years of application or drug-related misdemeanors within two years of application. CBD licensing requirements in Louisiana are as follows:

• Growers License: It is administered by the Louisiana Department of Agriculture and Forestry (LDAF). Interested applicants can follow the Grower License Application guidelines provided by the LDAF. A grower license costs $500 annually
• Seed Producer License: Applicants can find license requirements in the Seed Producer License Application guidelines released by the LDAF. The license costs $500 annually
• Handler license: The LDAF provides the Contract Carrier License Application guidelines, which include the licensing requirements for interested applicants. The license costs $500
• Non-consumable Processor license: It is regulated by the LDAF, and the license application fee is $500. The annual license fee depends on the volume of sales. The fee ranges from $175 for sales under $500,000 to $1,375 for sales over $5,000,000. Interested applicants can find the licensing requirements in the Processor License Application instructions provided by the LDAF
• Consumable Hemp Processor Permit: This permit is issued by the Louisiana Department of Health (LDH). An interested person can complete the New Company Initial Application Form provided by the LDH and submit the complete registration packet to the department. The license fee depends on the volume of sales. The license fees range from $175 to $1,375
• Consumable Hemp Dealer Permit: Consumable Hemp Dealer permits are issued by the Louisiana Office of Alcohol and Tobacco Control (ATC). There are four types of consumable hemp dealer permits, and each permit costs $175 annually:
  • Consumable Hemp Retail Dealer permit
  • Consumable Hemp Remote Seller permit
  • Consumable Hemp Wholesaler permit
  • Consumable Hemp Special Event Dealer permit

The Louisiana Department of Health is also responsible for regulating the labeling of hemp products. Hemp products must be tested by a state-approved laboratory for quality, safety, and THC/CBD content. Hemp product manufacturers must process labeling permits through the Consumable Hemp Label Acceptance Request Portal. The following are the requirements for a CBD label acceptance in Louisiana:

• Must have a web address or scannable barcode, or QR code that links to the Certificate of Analysis
• The label must be devoid of medical and therapeutic claims
• CBD product labels must include the full name and address of the seller
• The product label must indicate that the product is not intended for inhalation
• It must state the net quantity of contents and the identity of the product

Where to Buy CBD in Louisiana?

Hemp-derived CBD products, including CBD oils, are available over-the-counter at stores, dispensaries, health shops, wellness centers, and gas stations in Louisiana. They can also be purchased from registered online stores that deliver to buyers. Louisiana residents can ship CBD products from out-of-state and have them delivered to their residences in the state.

What is CBD Oil?

Cannabidiol (CBD) is one of several cannabinoids found in the Cannabis sativa plant. It is present in both cannabis and hemp but is found in greater quantities in hemp. While CBD and THC are the two most popular cannabinoids in the cannabis plant, their proportion in hemp and cannabis is what differentiates both plants. Hemp contains 0.3% THC or less and a larger proportion of CBD, while marijuana contains a higher concentration of THC. CBD is available as oils, capsules, creams, pills, lotions, edibles, tinctures, and vapes.

CBD oil is extracted from the cannabis plant and diluted with a carrier oil to produce tinctures that can be easily consumed. CBD extract is a viscous liquid with a paste-like consistency, which is difficult to ingest. Diluting CBD with a carrier oil, such as coconut oil or hemp seed oil, helps to increase its shelf life as well as improve the flow rate. CBD oil is the most popular form of CBD. It is often taken sublingually. It can also be incorporated into capsules or added to beverages and food.

Cannabidiol (CBD) is legal in the United States in line with the 2018 Agriculture Improvement Act, which delisted hemp from the Controlled Substances list. The Act differentiated between marijuana and hemp by limiting the proportion of THC in hemp to 0.3%. Hence, THC in hemp plants and hemp-based products must not exceed 0.3%. Louisiana enacted Act 491 to align state laws with federal laws. Consequently, hemp-derived CBD is legal in Louisiana. However, the state prohibits the addition of CBD to food and beverages.

What Does CBD Do?

CBD is popular due to its potential medical benefits without intoxicating its users. Unlike THC, which produces a 'high,' CBD is not psychoactive. It has neuroprotective properties and produces a calming effect on the nervous system. It is reputed to also have anti-inflammatory and antioxidant properties. Other potential medical benefits of CBD include pain relief, stress and anxiety reduction, anti-seizure, and improved sleep. CBD is believed to be a viable alternative treatment for persons not responding to conventional medical care.

Does CBD Show Up on Louisiana Drug Test?

CBD does not show up in most conventional drug tests, as drug tests are designed to detect THC metabolites. Hence, hemp-based CBD products with no more than 0.3% THC are not likely to test positive to a drug test. However, CBD products with higher THC content may show up on drug tests. CBD users in Louisiana should only consume regulated and tested CBD products with little or no THC to avoid failing drug tests.