At the time, this put Louisiana at odds with the federal law established by the 2018 Farm Bill. HB 491 was passed in order to address this discrepancy.. For the most part, this bill brought Louisiana state law into alignment with federal rules. The most important rules established in HB 491 include:
Reputable brands should provide important product details including what form the CBD is in (i.e., oil, capsules, topicals, tincture, etc.), how much CBD the product contains, and what other ingredients are in the product.
CBD is the second-most-prevalent cannabinoid found in the cannabis plant behind THC. Generally speaking, THC produces marijuana’s intoxicating effects, while CBD is non-intoxicating and is thought to be responsible for a wide range of the plant’s therapeutic and medicinal qualities.
Louisiana CBD laws
Under current Louisiana laws, CBD product labels must include a disclaimer that the product has not been approved by the FDA and a scannable barcode linking the product to its certificate of analysis showing that it does not contain more than 0.3% THC. Additionally, CBD products cannot be labeled as a dietary supplement.
Full spectrum means that the CBD has been extracted from a hemp plant along with all other chemicals in the plant, including terpenes and trace amounts of THC. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the entire mixture of cannabinoids and terpenes work together and complement one another inside the body.
Even though hemp strains don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis into Schedule 1, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.
Under the state’s new law, hemp-derived CBD oil and a number of other CBD products are legal. However, there are also a number of new restrictions on the types of CBD products that are permitted. Additionally, there are still key pieces of Louisiana’s CBD laws that are being formulated. As these laws take shape, expect to see more changes to how Louisiana governs and regulates CBD.
With the legalization of CBD, the Louisiana Department of Health will take an active role in the regulation of the product. On Tuesday, the Department has the responsibility of permitting manufacturers and registering labels for wholesale food and drug products.
According to officials with the Department’s Office of Public Health, CBD products manufactured, distributed, imported or sold for use in the state of Louisiana are required to be produced from hemp grown in accordance with standards set by the U.S. Department of Agriculture. CBD products must be labeled in accordance with Louisiana’s Food, Drug and Cosmetic Law.
Baton Rouge — With the passage of House Bill 491, the Louisiana Legislature legalized the sale of hemp and hemp-derived cannabidiol products, more commonly called CBD.
Products sold at the retail level must obtain a permit prior to sale from the Louisiana Office of Alcohol and Tobacco Control.
Governor John Bel Edwards signed the legislation into law on June 6. The bill only authorizes the sale of hemp-derived CBD products with a THC concentration of less than 0.3%. Hemp and CBD are still banned from being used in food and drinks.
The Department, along with the Louisiana Office of Alcohol and Tobacco Control, is working to promulgate formal rules that will provide detailed regulations.
So, is CBD legal in Louisiana? The Controlled Substances Act in 1970 affected The Pelican State (and every state). This act criminalized the possession and distribution of several narcotics in the United States, including marijuana. Because federal laws trump state laws, Louisiana had no choice but to enforce this law and create legislation in accordance with this act. Until now, Louisiana has had one of the strictest and harshest punishments for the possession of marijuana in the United States. Eight years after the Controlled Substances Act was passed, Louisiana Governor Edwin Edwards signed a law allowing minimal medical marijuana in the state.
Attitudes on cannabis are starting to change not just in the United States but across the globe. This started with Oregon which was the first US state to decriminalize marijuana in 1973. California was the first to legalize medical marijuana in 1996. And Colorado was the first to legalize recreational marijuana in 2012. However, many people in the state of Louisiana still wonder: is CBD legal in Louisiana?
Second Medical Law Passed
There is increasing support for the decriminalization and legalization of cannabis in the entire United States. The Marijuana Opportunity Reinvestment and Expungement (MORE) Act in 2019 could change the legality of recreational marijuana in Louisiana. Whether recreational marijuana would be fully legal or not would depend on the US Congress for now.
As the bill stated, medical marijuana could be sold in Louisiana only in non-smokable forms, such as oils and pills. However, medical marijuana would not be dispensed until August 2019, when it was produced and dispensed for the first time by the cannabis growing firm GB Sciences. From this point, Louisiana has joined the likes of California and New York in completely legalizing the use of medical marijuana as treatment for various diseases.
Furthermore, Louisiana also requires the use of tax stamps for every purchase and possession of medical marijuana in the state. This is because the state has a tax stamp law that mandates users to purchase and put state-issued tax stamps on their marijuana. The tax rate for these stamps go at around $3.50 if the owner possesses 42.5 grams or more of medical marijuana. Failure to comply would cost you 5 years of prison, 200% of the tax rate of the stamp, or both. With these prohibitions, it shows that Louisiana still has a long way to go in easing restrictions in the use of both medical and recreational marijuana.