Is Delta 8 Legal in Louisiana?

is delta 8 legal in louisiana

In the last few years, you may have noticed more CBD stores and smoke shops pop up around town. Many of these shops sell hemp-derived Delta 9 and Delta 8 THC products. If you’re not caught up on national and local news, you may wonder: is Delta 8 legal in Louisiana?

The short answer is yes, but there are restrictions on inhalable and consumable hemp products. Below, our Baton Rouge legal team breaks down the complexities of state and federal law regarding both Delta 8 and delta 9 THC. That way, you can purchase Louisiana Delta 8 products in peace if you so please.

If you have been arrested or convicted of drug possession in Louisiana, you need Baton Rouge drug possession lawyers at the Law Offices of Ossie Brown on your side. Call 225-343-1111 to schedule a free consultation today.

What is the Agriculture Improvement Act?

The Agriculture Improvement Act – also known as the 2018 Farm Bill – mainly addresses food and agricultural policy. The bill also reauthorized $867 billion for various expenditures that were approved in the 2014 farm bill. It was signed into law by former President Donald Trump.

This bill also removed some hemp and cannabis products from Schedule I of the Controlled Substances Act. More specifically, the farm bill removes hemp and hemp seeds from the definition of marijuana in the Controlled Substances Act. Additionally, this legislation allows the U.S. Department of Agriculture to federally regulate hemp and cannabis plants differently than before.

The farm bill accidentally made Delta 8 THC federally legal because it specifically outlaws hemp plants with more than 0.3% Delta 9 THC. In other words, the legalization of delta 8 THC is a loophole because the bill makes no mention of outlawing it. This also means that Delta 9 hemp products are legal as long as they don’t exceed 0.3% THC on a dry weight basis.

Just because hemp-derived Delta 8 THC is legal under federal law doesn’t mean that it’s legal under all state laws. Delta 8 THC is illegal in at least 14 states. Meanwhile, many states are still deciding on legality.

Louisiana Laws Regarding Delta 8 and Delta 9

So – is Delta 8 legal in Louisiana? The answer is yes. Delta 9 is also legal as long as it doesn’t exceed 0.3% total THC on a dry weight basis. House Bill 491, passed in 2019, made this happen. More specifically, this house bill legalized hemp possession, sale, purchase, distribution, and production.

HB 640

It’s important to know that while Delta 8 in Louisiana is legal, there are a few exceptions. HB 640, passed in August 2021, outlaws inhalable delta 8 THC products such as vapes and flowers.

HB 758

Meanwhile, HB 758 (passed in June 2022) lists specific rules on the consumption of hemp-derived products such as gummies, teas, oil tinctures, and more. Every consumable hemp product must have less than 8 mg of THC per serving and no more than 1% total THC.

Relevant Definitions

Before enjoying any Louisiana Delta 8 and Delta 9 THC products, it’s important to remember specific definitions laid out by state law.

  • Industrial Hemp means the plant Cannabis sativa L. and any part of that plant. Industrial hemp includes salts, extracts, cannabinoids, isomers, acids, derivatives, and salts of isomers with less than 0.3% of delta 9 THC concentration.
  • Consumable Hemp Product means any industrial hemp-derived cannabinoids intended for either consumption or topical use.
  • THC is a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.

What is Delta 8 THC?

Delta 8 tetrahydrocannabinol is one of more than 100 cannabinoids that are found in the cannabis sativa plant. However, there aren’t large amounts of delta 8 THC found in the cannabis plant, which means that it’s generally created from hemp-derived cannabidiol (CBD). Hemp-derived delta 8 has psychoactive effects when inhaled or consumed. In other words, people can certainly get high on delta 8 THC.

Delta 8 is very similar to Delta 9, although many say it’s less potent due to a slight difference in chemical structure.

What is Delta 9 THC?

Delta 9 tetrahydrocannabinol is very similar to Delta 8. The main difference is that the cannabis plant contains large amounts of this cannabinoid, so it’s easier and cheaper to extract. Also, delta 9 THC is generally more potent than delta 8, so it can create a more intense high.

is delta 9 legal in louisiana

Is CBD Legal in Louisiana?

Cannabidiol (CBD) is one of many compounds found in marijuana, and yes, it is legal in Louisiana.

CBD can be derived from both hemp and non-hemp plants. Hemp-derived CBD does not have psychoactive effects. It’s often found in lotions, gummies, teas, supplements, and oils and has been linked to numerous health benefits. Many people will use CBD hemp products to control stress, anxiety, and even chronic pain.

Is Medical Marijuana Legal In Louisiana?

Yes, medical marijuana is now legal in Louisiana thanks to Governors Jindal and Edwards. Governor Jindal set the legalization of medical marijuana in motion in 2015 with HB149. But medical marijuana dispensing didn’t actually begin until the summer of 2019.

Medical marijuana access was expanded in the summer of 2020, thanks to HB819, which was signed by Governor John Bel Edwards. This bill allows Louisianans to obtain a medical marijuana card for the following conditions:

  • Autism
  • Alzheimer’s disease
  • Lou Gehrig’s disease (amyotrophic lateral sclerosis)
  • Cachexia, which is a muscle-wasting disorder
  • Cancer
  • Crohn’s disease
  • Epilepsy and other seizure disorders
  • Glaucoma
  • Chronic pain
  • Muscular dystrophy
  • Multiple sclerosis
  • Parkinson’s disease
  • Post-traumatic stress disorder (PTSD)
  • Huntington’s disease
  • Severe muscle spasms
  • Traumatic brain injury
  • Lewy-body dementia
  • Spasticity
  • Motor neuron disease
  • Any other debilitating condition that a doctor believes could be improved with medical marijuana

Delta 8 THC Health Benefits

Hemp-derived Delta 8 has been linked to numerous health benefits in the last few decades, although studies on long-term health effects are still ongoing. Many delta 8 THC users report the following benefits:

  • Stress and anxiety relief
  • Euphoria and general relaxation
  • Nausea and vomiting relief
  • Can create a good appetite
  • Pain relief

You don’t have to get high to experience some or all of these benefits. Many people need stress and anxiety relief but don’t like to be high. In cases like this, microdosing Delta 8 hemp products can be beneficial.

Delta 8 THC Health Risks

Delta 8 THC also comes with a few health risks, including:

  • Paranoia
  • Panic attacks
  • Loss of coordination
  • Extreme sleepiness and fatigue
  • Fast or slow heart rate
  • Confusion
  • Dry mouth
  • Memory loss
  • Slow reaction time
  • Red eyes
  • Addiction
  • Nausea and/or vomiting

Most of these risks depend on the person. If you have a low tolerance for hemp products or if you simply take too much THC in one sitting, you could have a major negative reaction. Also, it’s possible to have major negative reactions to cheap, synthetically produced THC products. That’s why you may not want to buy hemp-derived Delta 9 or Delta 8 from convenience stores and gas stations. Be sure to buy your THC from highly rated and trustworthy brands.

delta 8 louisiana

Call Baton Rouge Drug Possession Lawyers at The Law Offices of Ossie Brown Today

The gradual legalization of marijuana and Delta 8 in Louisiana has been successful in that it has kept more of our state’s citizens out of jail. Still, thousands of Louisianans are put behind bars every year for drug possession. If you or someone you love was arrested or convicted for possessing marijuana, cocaine, heroin, methamphetamine, fentanyl, or any other illegal drug, you need strong legal representation. Allow Baton Rouge drug possession lawyers and Baton Rouge drug distribution lawyers at the Law Offices of Ossie Brown to protect your legal rights. Call 225-343-1111 to schedule a free consultation today.


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