Is CBD Oil Legal In Louisiana

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Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG The Louisiana Department of Health protects and promotes health and ensures access to medical, preventive and rehabilitative services for all citizens of the State of Louisiana.

Is CBD Legal in Louisiana? (2022 CBD Laws)

Among the magnolia blossoms and eastern brown pelicans in the Louisiana landscape, hemp is making a comeback. After over 75 years of being prohibited, it’s returning to agriculture and is now legal in the form of CBD oil and products.

Yes, CBD oil is legal in Louisiana.It must be made from industrial hemp and can’t exceed 0.3% THC content. The state has a streamlined medical marijuana program. Recreational marijuana is illegal, though some municipalities are starting to decriminalize possession.

Louisiana CBD Laws At A Glance

When it comes to CBD in Louisiana, here are the big points you need to know:

• CBD made from industrial hemp with 0.3% THC or less is legal in Louisiana.

• You must be 18 to purchase CBD.
• Patients with a doctor’s recommendation can purchase cannabis products including CBD with higher THC content from a dispensary.
• Use of marijuana outside of the medical marijuana program is illegal.
• A licence from the state’s Department of Agriculture and Forestry is required to grow, transport, or process industrial hemp.
• A license from the Office of Alcohol and Tobacco Control is required to sell CBD products.

Is CBD Legal in Louisiana?

While late to the CBD game compared to some other states, Louisiana has been swift in developing its medical marijuana, hemp, and CBD laws.

Louisiana has largely recognized the medicinal benefits of cannabis for decades, but it took time to develop a functioning program. In their current medical marijuana program, no card or special license is required as doctors send recommendations directly to the dispensary. Pretty nifty, huh?

Here’s a snapshot of notable cannabis-related regulations in the Pelican State.

  • Louisiana had skirted around the idea of a regulated medical marijuana program since the 1990s. It finally came to fruition in 2016. Senate Bill 271 created a regulatory system for growing and dispensing cannabis to patients with qualifying conditions.
  • In 2020, House Bill 819 expanded Louisiana’s medical marijuana program. It allows doctors to use their professional judgement to recommend marijuana for patients with any debilitating condition.
  • Although the 2018 Farm Bill federally legalized CBD sourced from hemp, Louisiana law still classified industrial hemp products as cannabis products. This put CBD in a legal gray area. It also left the CBD market unregulated. In 2019, HB 491 legalized and spelled out clear regulations, making CBD legal in Louisiana with rules for producing and selling it.
  • Louisiana’s industrial hemp plan was approved by the USDA in 2019 — the first of any state hemp program to be approved. Through the plan, anyone involved in growing, transporting, or processing industrial hemp must have a license from the Louisiana Department of Agriculture and Forestry.
  • LA’s medical marijuana program got yet another expansion when House Bill 391 took effect in 2022, which gives patients access to marijuana flower in addition to the already approved products like gummies and metered-dose inhaler.
  • LA’s medical marijuana program got yet another expansion when House Bill 391 took effect in 2022, which gives patients access to marijuana flower in addition to the already approved products like gummies and metered-dose inhaler.
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No state laws have passed to date legalizing marijuana for recreational use. However, New Orleans has decriminalized possession of small amounts of marijuana.

As Louisiana seems set on getting back to its hemp-growing roots and making industrial hemp a cash crop, watch for new laws and policies pertaining to hemp and CBD.

How To Legally Buy CBD In Louisiana

Louisiana is a CBD-friendly zone. (Happy face!) As such, you can source your CBD products either at a physical store or at a virtual marketplace. You have a ton of shopping alternatives, but be sure to purchase from a reputable retailer.

Purchase CBD At Brick & Mortar Stores

Because CBD is legal in Louisiana, you can probably find CBD items locally. Hemp shops, pharmacies, health food stores, and more often carry CBD-infused products. If you want to buy your CBD goodies in person, do some research to locate the shops with the best selection and service.

Buy CBD Online

Some people like to buy their CBD IRL. Others prefer the convenience of online shopping. Lucky you — in Louisiana, you can take your pick! And even if you enjoy the experience of physically going into a shop and selecting your CBD products, it’s great to have options.

You can safely purchase high-quality CBD products online from Pure Craft. Wanna know what CBD products folks in your neck of the woods are buying? Check out these goodies that’re a big hit with your community:

Is CBD Oil Legal In Louisiana

Consumable Hemp Products

All consumable hemp products that fall within the purview of the Louisiana Department of Health (LDH) must be registered with this office. Registrations may only be submitted by manufacturers or authorized third-party logistics providers. If you have questions about retail dealer permits, please contact the Office of Alcohol Tobacco and Control of the Louisiana Department of Revenue at 225-925-4041 or visit the agency’s website at www.atc.louisiana.gov/cbd.php. Use the below link on this page to submit your artwork for review.

Currently LDH is undergoing regular rulemaking and has published an emergency rule in order to integrate ACT 498 into its regulations. The emergency rule is linked below.

READY TO SUBMIT YOUR ARTWORK FOR REVIEW?

to upload your artwork.

2022 Summary of Changes

  • “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

Consumable Hemp Fast Facts

Click on any item in bold to get more detailed information.

  • Consumable Hemp Plans Review Questionnaire

The plans packet is provided by the sanitarian in the region in which your business will be operating. The questionnaire provides the department with basic information about your business. Note that if you are not engaged in wholesale manufacture or distribution of Consumable Hemp, you do not need a plans questionnaire or a permit from the Louisiana Department of Health.

  • Plumbing requirements (toilet count, grease interceptor)
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Set by the local plumbing authority

Per the state sanitary code, the Certified Building Official (CBO) in your area is tasked with making most of the determinations regarding sizing and location of plumbing fixtures in your business. However, LDH does have the regulatory discretion to mandate that certain types of fixtures that are deemed critical to public health be present. For instance, even with a waiver from a local CBO, a person would not be permitted to open a food-service establishment with no hand lavatories.

  • Product registration form

FD-10(N)

The product registration application form, FD-10(N), is available for download further down this page. However, you should not simply download the form and send it to this office. The process starts with submitting label artwork for review. See the link at the top of the page to submit your artwork and supporting documents. LDH staff will review your submission along with online marketing language and materials and notify you of required changes. Once all necessary changes are made to render compliant artwork, you may submit a registration packet as directed by staff.

  • Certificates of analysis (CoAs)

ISO/IEC 17025: 2017 in the areas of biological and chemical testing

One of the requirements for registering products is that the firm provide access by means of a QR code, barcode, or website URL printed on the product label, to original, per-batch certificates of analysis from a third-party laboratory for a cannabinoid profile, pesticide residues, solvent residues, heavy-metal contaminants, and microbiological contaminants. These CoAs must be from one or more laboratories that is/are accredited to the ISO/IEC 17025 standard.

  • Company representation

Only proprietors, partners, corporate officers of firms or those designated in writing by proprietors, partners, or corporate officers of firms as representatives may communicate with LDH for the purposes of registration and permitting

For legal reasons, we cannot engage in discussions with individuals who are not authorized to make the necessary commitments and modifications to existing artwork or marketing materials or physical facilities in regards to registration and permitting processes for particular firms.

salicylic acid, lidocaine

Use of any active pharmaceutical ingredient in a cannabidiol-containing product would render said product a drug for regulatory purposes in Louisiana, and the regulatory framework to treat these products accordingly does not exist. For this reason, no quantity of any pharmaceutical ingredient in an over-the-counter or legend drug may be used as an ingredient in a Consumable Hemp product.

  • Examples of impermissible medical claims or language

cure, treat, heal, cancer, relieve, pain, ache

The statutory language in Louisiana’s law specifically prohibits any kind of medical claims on products containing cannabidiol, and this includes claims that may ostensibly not be directly linked to the cannabidiol-containing ingredient. Nowhere on the physical packaging, the company’s website or social media may the firm make any implicit or explicit claims that the products treat, cure or prevent any disease condition or otherwise have a structural or functional impact on the human body.

  • Responsible party name

must include full firm name (including LLC or INC, if applicable)

For any type of business organization other than a proprietorship, the full firm name must be used as the responsible party name. If the products are being manufactured by a firm other than the registrant, this must be preceded by a qualifying statement such as “Manufactured for” or “Distributed by.”

  • Statements of identity
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must specify the product and be included on the principal display panel

The statement of identity tells a consumer what your product is; in the case of Consumable Hemp, the term “cannabidiol” is an insufficiently-specific descriptor. If the product is an extract, isolate, or tincture, the statement of identity should reflect that. This statement is one of two that needs to appear on the part of the label most likely to be observed by the consumer when it is sitting on a shelf (this is also known as the principal display panel).

  • Net quantity of contents

fluid items should bear a net quantity expressed in terms of volumetric or fluid measure (e.g., fl. oz.), while semisolid or solid items should bear a net quantity statement expressed in terms of weight measure (e.g., grams [g] or ounces [oz.]); statements should include terms in U.S. and metric systems

The net quantity of contents must appear on the part of the label most likely to be seen by a consumer when the product is displayed on a shelf (known as the principal display panel). Statements expressed in terms of fluid measure do not require a prefatory statement, but if one is present, it must be expressed in terms of fluid measure (e.g., “Net” or “Net contents”) and never in terms of weight measure (e.g., “Net wt.”). For items expressed in terms of weight measure, a prefatory statement is always required. Examples of valid statements include the following: Net wt. 8 oz (227 g), Net contents 1 fl. oz. (30 mL).

  • Examples of acceptable dosage forms

tinctures, oils, salves, softgels, creams, ointments, lotions, lip balms, bath bombs, single-use syringes [without needles]

Statutory language prohibits consumable hemp products in forms intended for inhalation. In addition, due to the potential for confusion, LDH is not registering products such as suppositories, injections, infusions, implants or similar forms that are traditionally associated with pharmaceuticals.

  • Acceptable forms of payment for fees

Cashier’s checks, money orders, and online payments

The department is currently piloting a new online payment system specifically for Consumable Hemp registration payments. If you would prefer this option to including a cashier’s check or money order with your registration packet, notify your label reviewer once your artwork has been accepted for registration. He or she will generate an invoice for your firm and direct you where to send the necessary documents once your payment is received. There is a small convenience fee charged by the third-party processor for online payments.

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REGULATIONS

    • Act 498 of the 2022 Louisiana Legislature – the current statutory framework for consumable hemp products and the hemp industry in Louisiana
    • Emergency Rules to Implement Provisions of Act 498pdf

    FREE CONSUMABLE HEMP WEBINAR SERIES The Louisiana Department of Health held a free, one-hour Consumable Hemp Webinar on Thursday, November 4th, 2021 at 10:00am CDT to help guide industry through the process of permitting and label registration. The second webinar, on the parts of a label and label requirements for registering products, was held on December 9, 2021 at 10:00 AM CST. A recording of both webinars is available below.

    Our webinar on the basics of hemp permitting and registration from November 4, 2021

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    Our webinar on consumable hemp product registration from December 9, 2021

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