Disclaimer: None of the following information should be construed as legal advice on the part of Berkshire CBD. Berkshire CBD is simply attempting to provide the most up to date information of which we are aware. We always recommend following your doctor’s advice and researching your own State’s regulations and laws for all of your activities and purchases.
The State of Louisiana
CBD in Louisiana is complicated. The struggles related to hemp and cannabis law in the state of Louisiana have been perhaps the most acrimonious in the United States. In fact, hemp law remains so contentious and complicated that many hemp advocates have given Louisiana the nickname “The Reefer Madness State”. The name fits, since the attitude of many state legislators seems to be stuck somewhere in the 1950s.
Louisiana State Laws and Federal Law create a complicated ball of yarn. It leaves many people scratching their heads wondering how to begin to untangle all of the information they are presented with. Louisiana was nearly last in line when it came to legalizing hemp, as it was the forty fourth state to finally do so. The Pelican State will see its first legally grown industrial hemp crop in 2020.
While Louisiana recognizes the 2018 Farm Bill and industrial hemp is considered a legal crop, growers, processors, and retailers still then have to deal with a labyrinth of state laws.
Even though hemp became legal to grow in Louisiana, the state has still placed limitations on hemp and cbd. For example, you cannot process or sell hemp flower for the purposes of inhalation.
So, while hemp flower is legal in the state of Louisiana, the state claims you cannot process or sell hemp for the purpose of smoking it.
Louisiana Hemp Laws after the 2018 Farm Bill
House Bill 138 distinguishes ‘hemp’ from the definition of ‘marijuana’ and no longer categorizes hemp as a controlled substance. To be categorized as ‘Hemp’, a cannabis plant needs to be grown and processed in accordance with the 2018 Farm Billl: in essence, contain less than 0.3% THC. Any grower needs to be in possession of a hemp grower or processor license issued by the state.
In June of 2019 House Bill 491 legalized the sale of hemp and hemp-derived products. To be considered a legal hemp product, a product is required to meet all of the legal standards set by the US Department of Agriculture. Meaning that all products need to have a thc concentration lower than 0.3%; whether the product be a CBD balm, hemp flower itself, or CBD oil.
However, this bill contains many complicated and elaborate restrictions. The bill also states that all cannabidiol products must be registered within the state, and that they cannot anywhere on their labeling state that they are a ‘dietary supplement.’ That caveat has a huge impact on many CBD products, such as edibles, and poses a very serious problem to Louisiana CBD retailers.
The Louisiana Department of Health requires that all CBD products contain the following statement on their labels: “This products has not been evaluated by the food and drug administration and is not intended to diagnose treat cure of prevent any disease.”
In addition, CBD products cannot make any medical claims. All CBD products must include a scannable code that will take the scanner to a PDF and/or website that contains the products certificate of analysis, proving it is a legal hemp product.
ACT 344/ House Bill 843 placed a ban on all ‘smokeable’ hemp products.
Louisiana Regulations FAQs:
So, is it legal to grow CBD hemp flower in Louisiana?
Starting in 2020, the Louisiana Department of Agriculture and Forestry began providing licenses for applicants interested in the cultivation or processing of hemp. As long are you have a state certified license, it is legal for you to grow hemp in the state of Louisiana. There are four different licenses related to hemp offered by the LDAF:
A Grower License permits the cultivation, handling, and transportation of industrial hemp.
A Processor License permits the the handling, processing, and transportation of industrial hemp.
A Seed Producer License permits the production, transportation, and sale of industrial hemp seeds.
A Contract Carrier License permits the transportation of industrial hemp.
Applications and forms for these various licenses can be found on the Louisiana Department of Agriculture and Forestry Website here.
Is it legal to sell CBD hemp flower in Louisiana?
While growers and processors are licensed through the LDAF, in order to sell hemp products a retailer has to acquire a permit from the Louisiana office of Alcohol and Tobacco Control. Even once a retailer is licensed, however, it is forbidden for anyone to sell hemp for the purpose of inhalation.
And is it legal to buy CBD hemp flower in Louisiana?
Yes. The purchase of hemp and hemp-derived CBD products is legal in the State of Louisiana – provided the products contain no more than 0.3% THC.
That being said, the purchase and sale of hemp products in Louisiana is far more complicated than the growing and processing of hemp in Louisiana.
Because hemp products have not yet been evaluated by the FDA and approved as consumable dietary supplements, the state of Louisiana claims it is still illegal to sell or purchase edible hemp products.
Because the state laws are so tortuous and complex, most hemp enthusiasts feel safer and more secure purchasing hemp products online. There is plenty of hemp flower for sale on the web. The 2018 farm bill means hemp can ship legally without state interference. Louisiana residents can skip the headache and buy CBD products online.
Is it legal to smoke CBD hemp flower in Louisiana?
While possessing hemp flower is not illegal, smoking hemp flower gets complicated, given the state’s ban on selling hemp for the purpose of inhalation. Hemp flower is always best enjoyed in the privacy of your own home. Law enforcement does not have any quick and easy means of differentiating between a legal hemp product and illegal marijuana.
Is it legal to grow hemp at home in Louisiana?
No. You cannot legally grow hemp in Louisiana without first receiving a license from the state. When you receive your license you need to submit the precise GPS coordinates as to where you will be growing your hemp crop.
Where can I buy hemp in Louisiana?
While certain hemp products are available in Louisiana, the level of red tape and prohibition on certain hemp and hemp derived products have driven Louisiana residents to buy hemp flower online.
With all of the changes in regulations and legislature, the State of Louisiana does indeed honor the 2018 farm bill and the legality of all CBD products that contain less than 0.3% THC.