Is CBD Legal in Louisiana?

by Kat Austin December 08, 2020 6 min read

Is CBD Legal in Louisiana? - VO Inc

When hemp was federally legalized, states like Louisiana were given the authority to set their own CBD laws.

So, is CBD legal in Louisiana? Yes, but with some restrictions—CBD oil and other products are legal, but certain types, like food and beverages, face limitations.

Here's what you need to know about Louisiana CBD laws, including how to buy CBD oil in Louisiana and what types of products are permitted.

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Louisiana?
Is full spectrum CBD legal in Louisiana?
Does Louisiana have a CBD possession limit?
Can doctors prescribe CBD in Louisiana?
Where to buy CBD in Louisiana?
How old do you have to be to buy CBD in Louisiana?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

  • Louisiana allows the manufacture and sale of hemp-derived CBD products, but restricts CBD in food or alcohol.
  • The state's CBD laws align with federal definitions, classifying hemp as cannabis with less than 0.3% THC.
  • There are no state-imposed age requirements for purchasing CBD in Louisiana, but most vendors set the minimum age at 21.

Legal Concerns About CBD

A map showing Louisiana and surrounding states

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

Two bottles of oral CBD oil, which may be available in stores and online in Louisiana

What are the CBD laws in Louisiana?

In 2019, Louisiana legalized hemp-derived CBD through HB 491, distinguishing it from cannabis and allowing the legal growth, manufacture, and sale of CBD, though restrictions remain on using CBD in food, alcohol, and inhalable products.

Here are the details:

Like many states, Louisiana originally made no clear distinction between hemp-derived products and cannabis derived-products. Even after the 2018 Farm Bill passed into law, the state considered hemp derived products to be the same as all cannabis products--making them illegal and subject to penalty.

In 2019, Governor John Bel Edwards signed HB 491 into law. This bill clarified hemp as a separate entity from cannabis and better aligned the state with hemp's federal definition. Similarly to laws passed in other states, like Colorado and Kentucky, this bill defined hemp as an "agricultural commodity" making it legal to grow, manufacture, and sell within the state.

The bill offered a few regulations to clarify what is and isn't allowed to be sold. Under the new law, hemp is defined as cannabis with less than 0.3% THC, and the definition also covers cannabinoids and extracts, like CBD.

CBD products sold in the state are legal of they are derived from a legal, licensed hemp source, but the state does not allow:

  • CBD in alcoholic beverages
  • CBD as a food ingredient unless it is approved by the FDA as a food additive.
  • CBD to be marketed as dietary supplements or with health claims.
  • Any hemp-derived product that is intended for inhalation.

A similar stance on CBD product types has been adopted in other states, like California, New HampshireGeorgia, and Minnesota.

Where the bill defines "criminal penalties" for breaking these state laws, they seem to only be directed at those illegally producing and marketing CBD products and not at consumers. CBD sold in the state is to be regulated by the Louisiana Office of Alcohol and Tobacco Control (ATC).

Finally, the state imposes a few loose regulations regarding labelling for CBD products in the state, mostly to help oversee the THC content of products to ensure that manufacturers are meeting the requirements of the law.

Is full spectrum CBD legal in Louisiana?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal.

Louisiana places several restrictions on the types of CBD products that can be sold within the state, but has no specific restrictions on products containing trace amounts of THC, up to 0.3%. That means that full-spectrum CBD food products may not be legal, but full spectrum CBD is legal in general.

Does Louisiana have a CBD possession limit?

To date, there the state of Louisiana has not highlighted possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are illegal in the state.

Can doctors prescribe CBD in Louisiana?

In Louisiana, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Louisiana?

A dropper filled with CBD oil, a type of CBD product that is popular in Louisiana

In Louisiana, CBD products that meet state requirements can be sold by state-licensed vendors. These restrictions are similar to the CBD sales model found in other states, like Colorado and Kentucky, and they haven’t dampened CBD access in the state. You may find CBD in stores all over Louisiana, including grocery markets and convenience stores.

Still, the state does very little to regulate product quality and consumer safety. This lack of regulation can be risky.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

How old do you have to be to buy CBD in Louisiana?

The legal age to buy CBD in Louisiana is not explicitly regulated by the state, meaning it can vary by jurisdiction or vendor. Many smoke shops may require buyers to be 21, especially since the legal age for tobacco products has been raised.

However, CBD brands often allow customers aged 18 or older to purchase CBD oil online and ship it to Louisiana. Certain products, like smokable hemp flower or CBD vaporizers, may not be suitable for younger buyers.

 

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Louisiana, but is subject to various restrictions. Every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

FAQ - Is CBD Legal in Louisiana?

Are gummies legal in Louisiana?

Yes, CBD gummies are legal in Louisiana as long as they are derived from hemp and contain less than 0.3% THC. However, certain types of CBD products, like those added to food or drinks, are restricted under Louisiana CBD laws.

In which states is CBD still illegal?

CBD is legal in most U.S. states, but restrictions vary. States like Idaho and Nebraska still maintain stricter laws on hemp-derived CBD products.

When did CBD become legal in Louisiana?

CBD became legal in Louisiana in 2019 when Governor John Bel Edwards signed HB 491, legalizing hemp-derived products that comply with federal regulations, including the 0.3% THC limit.

Is Delta 9 still legal in Louisiana?

Yes, Delta 9 is legal in Louisiana if it is derived from hemp and contains less than 0.3% THC, in line with federal hemp laws.

What is the difference between Delta-8 and Delta-9 in Louisiana?

In Louisiana, Delta-8 and Delta-9 THC are both cannabinoids derived from hemp, but Delta-9 is more heavily regulated. Delta-9 products must contain less than 0.3% THC, while Delta-8 is often subject to more scrutiny or restrictions in some areas.

Can you buy CBD in Louisiana?

Yes, you can buy CBD in Louisiana from licensed vendors, as long as it meets state regulations, such as being derived from hemp and containing less than 0.3% THC. You can also buy CBD oil in Louisiana online or from local stores, but the state restricts certain product types like inhalable CBD.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “HB 491” https://legiscan.com/LA/text/HB491/id/2035328

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