If you’re wondering if Delta 8 is legal in Louisiana? the answer is yes. Delta 8 and Delta 9 are federally legal and legal in Louisiana under state law but with certain limitations. Delta 8 THC is legal in Louisiana as long as consumable hemp products contain less than 0.3% hemp-derived Delta 9 THC by dry weight.
Louisiana law is consistent with federal law under the 2018 Farm Bill, which legalized hemp products, including CBD. However, regulations around Delta 8 in Louisiana could change, so it’s essential to stay informed. If you have concerns related to Delta 8 or Delta 9 legal in Louisiana, our Baton Rouge drug possession lawyers can assist. Call 225-343-1111 for a free consultation.
Delta 8 Federal Law
The Agriculture Improvement Act, or 2018 Farm Bill legislation, removed some hemp-derived cannabinoids and hemp products from cannabis plants from Schedule I of the Controlled Substances Act, changing the definition of marijuana. Additionally, the Farm Bill legislation allows the U.S. Department of Agriculture to federally regulate cannabis plants and industrial hemp products differently.
Under the Farm Bill legislation, Delta 8 THC and Delta 9 THC are both federally legal because under the legislation, only consumable hemp products made from hemp plants are with more than 0.3% of Delta 9 THC are illegal. So, Delta 8 TCH is federally legal since the Farm bill doesn’t specially say Delta 8 is illegal. Delta 9 THC is legal as well, as long as the hemp-derived Delta 9 products don’t have more than 0.3% THC on a dry weight basis.
Delta 8 Legal States
While hemp-derived Delta 8 THC is federally legal, Delta 8 THC is illegal in at least 14 states, while many states are still pending legislation under their own state law for sale, purchase, and production.
Louisiana Delta 8 Laws
So, is Delta 8 legal in Louisiana? Yes, in Louisiana, Delta 8 is legal.
Is Delta 9 Legal in Louisiana?
Delta 9 is legal in Louisiana as long as the hemp-derived Delta 9 doesn’t exceed 0.3% total THC on a dry weight basis. House Bill 491 legalized hemp possession, sale, purchase, distribution, and production.
Exceptions to Laws for Legal Delta 8 in Louisiana
While it is generally legal to possess, sell, purchase, produce, and distribute Delta 9 and Delta 8 in Louisiana, there are some exceptions to Delta 8 THC and Delta 9 being legal in Louisiana.
Louisiana Delta 8 Vape and Louisiana Delta 8 Flower
While Delta 8 in Louisiana is legal, there are a few exceptions to Louisiana Delta 8 laws. HB 640 makes it illegal to possess or sell inhalable Delta 8 THC products and derivatives, such as Delta 8 vapes and Delta 8 flowers.
Consumable Hemp Product Exceptions in Louisiana
Meanwhile, HB 758 lists specific rules on the consumption of hemp-derived products such as hemp-derived Delta 8 gummies, teas, oil tinctures, and more. Every consumable hemp product must have less than 8 mg of total THC concentration per serving and no more than 1% total THC.
Hemp-Derived Delta 8 and Delta 9 in Louisiana
Before enjoying any Delta 9 THC or Delta 8 THC in Louisiana under the concentration and total THC limits, it’s important to remember specific definitions laid out by Louisiana state law.
Plant Cannabis Sativa
Cannabis sativa is legally defined both federally and under Louisiana state law based on its total THC content.
The Farm Bill federally includes cannabis sativa under hemp plants if it contains no more than 0.3% total THC on a dry weight basis. If the total THC content exceeds the dry weight limit, it is classified as marijuana, which is illegal.
Cannabis sativa in Louisiana follows the same federal distinction between hemp plants and marijuana. In Louisiana, marijuana falls under controlled substances unless used for approved medical marijuana purposes.
Industrial Hemp Products in Louisiana
Industrial hemp is a variety of cannabis sativa plants grown specifically to be available for purchase and to be sold in store. It contains less than 0.3% Delta 9 THC, which distinguishes industrial hemp from marijuana. Industrial hemp includes the whole plant, as well as its salts, extracts, cannabinoids, isomers, acids, derivatives, salts of isomers, and seeds thereof. Any product derived from industrial hemp can be legally sold as long as the industrial hemp products adhere to federal and Louisiana state law.
Consumable Hemp Products in Louisiana
Consumable hemp products are legally defined as items made from industrial hemp that contain hemp-derived cannabinoids and are intended for either consumption or topical use. A consumable hemp product must contain only a small amount of total THC, typically less than 0.3% in hemp-derived products like hemp-derived CBD or Delta-8 THC, to comply with federal and Louisiana state law.
You can purchase consumable hemp products at convenience stores and typically, the consumable hemp product is marketed as a wellness supplement, designed for ingestion or topical use. To be sold in store, the consumable hemp product must adhere to the total THC limits and be produced from legally recognized industrial hemp.
Delta 9 THC and Delta 8 THC Louisiana
Definitions of Delta 9 and Delta 8 THC are based on their chemical composition and effects
Federal and Louisiana state laws regulate hemp-derived Delta 9, known as the psychoactive component in cannabis. The total THC in marijuana products, including Delta 9 and tetrahydrocannabinolic acid, must not exceed 0.3%.
Delta 8 THC is a minor cannabinoid product derived from hemp plants. Under Louisiana state law, the sale and purchase of hemp-derived Delta 8 THC products are permitted but subject to stricter guidelines, with limits based on intended use.
With both Delta 9 and Delta 8 THC, legality varies based on their total THC content and how the products are processed.
Louisiana Delta 8 vs Delta 9
What is Delta 8 THC?
Delta 8 THC is one of over 100 cannabinoids found in the cannabis plant. There aren’t large amounts of Delta 8 THC found in the cannabis plant, meaning that Delta 8 THC is generally created from industrial hemp-based CBD. As a consumable hemp product, hemp-derived Delta 8 has psychoactive effects. So, similar to medical marijuana, consumers of consumable hemp products can get high on Delta 8 THC. Hemp-derived Delta 8 THC is very similar to Delta 9 but is less potent.
What is Delta 9 THC?
Delta 9 THC is very similar to Delta 8 THC, except for there’s more on the cannabis plant and Delta 9 is generally more potent than Delta 8, so it can create a more intense high.
Is CBD Legal in Louisiana?
CBD is legal in Louisiana. Additionally, the Farm Bill made CBD legal federally.
CBD is one of many compounds found in marijuana. Derivatives of CBD can come from hemp plants or non-hemp plants. Hemp-derived CBD does not have psychoactive effects. You can purchase CBD in the form of lotion, gummies, supplements, oils, etc. Consumers often use CBD hemp products to control stress, anxiety, and even chronic pain.
Is Medical Marijuana Legal In Louisiana?
Yes, medical marijuana is legal in Louisiana. Louisiana passed its initial medical marijuana bill in 2015, but significant updates have expanded the program. In 2020, HB819 was signed by Governor John Bel Edwards, allowing doctors to recommend Louisiana medical marijuana for any debilitating condition they deem appropriate. The makes medical marijuana in Louisiana accessible to more patients.
Can Delta 8 Be Laced?
Yes, Delta 8 THC can be laced with other substances, just like marijuana and other hemp products. Because Delta 8 in Louisiana is not as strictly regulated, some industrial hemp manufacturers may lace Delta 8 THC, posing serious health risks when sold.
If you’ve been charged because of laced Delta 8 THC products, consulting our Baton Rouge drug distribution lawyers is crucial, as your future is on the line, especially for Delta 8 laced with fentanyl under Millie’s Law in Louisiana.
Call 225-343-1111 to schedule a free consultation.
