Good news! Hemp-derived delta-8 THC is legal in Louisiana.
Under state law, which falls in line with federal law outlined in the Agriculture Improvement Act (2018 Farm Bill), all cannabinoids, terpenes, flavonoids, isomers, derivatives, and salts present in hemp plants are permitted in Louisiana.
For hemp-derived delta-8 to be legal, the hemp plants it’s sourced from must carry the federally legal 0.3% THC limit (by dry weight). If the plants carry more than 0.3% THC, the state and federal governments consider them illegal controlled substances.
Summary
- Delta-8 is legal in Louisiana, provided it’s sourced from federally compliant hemp plants carrying no more than 0.3% THC. However, delta-8 inhalable products such as vapes and flower remain illegal.
- The use, possession, sale, distribution, and production of hemp-derived delta-8 products are permitted within the state.
- You can order delta-8 products online and through physical retail stores in Louisiana.
- Hemp-derived CBD is legal and available everywhere in the state. Delta-10 and other THC isomers are also permitted.
Is delta-8 THC legal in Louisiana?
Yes, delta-8 THC products are legal in Louisiana under state law, following Louisiana House Bill 491 in 2019. This bill means the use, possession, sale, distribution, purchase, and production of hemp and hemp-derived delta-8 is permitted without penalty or prosecution.
Legislative history of delta-8 in Louisiana
The federal government passed the Agriculture Improvement Act (Farm Bill) in 2018, which legalized hemp and hemp-derived compounds across the US. Louisiana enacted House Bill 491 in 2019, an essential piece of legislation legalizing hemp and hemp-derived compounds within the state in line with the Farm Bill. The bill also removed hemp and all hemp compounds from its list of controlled substances.
Is medical marijuana legal in Louisiana?
Yes. Medical marijuana is legal in Louisiana and has been in some capacity since 1991 following Act No. 874 of the Louisiana legislative session. Qualifying conditions were limited to cancer, quadriplegia, and glaucoma. Louisiana’s medical marijuana program has since undergone significant expansion.
During the coronavirus pandemic, state lawmakers passed three significant medical cannabis laws, each somewhat interconnected and relevant to its medical marijuana program and beyond.
House Bill 211 protected financial institutions and medical practitioners, while House Bill 418 protected hospitals. However, the most notable is House Bill 819, an essential piece of legislation permitting medical practitioners to prescribe medical marijuana to patients with any chronic or debilitating condition, essentially nullifying the qualifying conditions list altogether.
In 2021, Governor John Bel Edwards signed House Bill 391, reversing Louisiana’s ban on dried, smokable cannabis flower for medical marijuana patients. The law will come into effect on January 1, 2022.
Is recreational marijuana legal in Louisiana?
No. Recreational marijuana is not legal in Louisiana under state law. However, in mid-2021, Governor John Bel Edwards signed House Bill 652, an important piece of legislation decriminalizing simple possession of marijuana in small quantities.
The bill states possession of 14 grams or less is punishable by no more than a $100 fine (previously $300, $500, or a six-month jail sentence depending on the circumstances). First-time offenders and subsequent offenders caught with this amount risk no jail time.
If found in possession of more than 14 grams of marijuana, penalties are strict and range from substantial fines to long jail times depending on quantity and intent.
Buying delta-8 in Louisiana
Since hemp-derived delta-8 is legal in Louisiana, you can purchase delta-8 products online and in physical retail stores.
However, we always recommend purchasing online through legitimate and transparent delta-8 brands that third-party test their products. If you’re planning to buy delta-8 in-store, stay away from delta-8 products sold in gas stations and convenience stores — they’re often unsafe, contaminated, and likely produced in a dirty laboratory.
See our recommendations for the best delta-8 THC products on the market.
Recommended delta-8 brands
Koi
Koi is a well-established CBD company venturing into the world of delta-8. Based in Norwalk, California, the company has made quite a name for itself, especially for its range of high-quality delta-8 products, including delta-8 flower, gummies, and tinctures. Better still, Koi makes sure each of its delta-8 products is comprehensively analyzed and tested by expert laboratories specializing in cannabis testing. You can find all Certificates of Analysis (COAs) on the company’s website, ensuring transparency at every level.
Botany Farms
Botany Farms is a boutique delta-8 company selling some of the finest delta-8 products in the US. The range of delta-8 products includes delta-8 gummies, concentrates, vape carts, and pre-rolls. Botany Farms is great because all its delta-8 products are third-party tested, ensuring safety, transparency, and quality. You can find all COAs on the company’s website.
What type of delta-8 is legal in Louisiana?
Delta-8 derived from federally compliant hemp plants carrying no more than 0.3% THC by dry weight is the only legal type of delta-8 you can purchase in Louisiana. Delta-8 vapes and flower products remain illegal in the state. Delta-8 and delta-8 products sourced from high-THC marijuana are not permitted under state law.
Can you travel to Louisiana with delta-8?
Yes. You can travel to Louisiana with delta-8 products derived from federally legal hemp plants containing no more than 0.3% THC by dry weight.
If you plan to travel to Louisiana with hemp-derived delta-8 by plane, we recommend contacting the airline to ensure you’re allowed to carry delta-8 products in your possession.
However, if your delta-8 product is derived from marijuana, you cannot legally have it in your possession, nor can you enter Louisiana with it on your person. As already mentioned, all adult-use marijuana products (delta-8 or otherwise) are not legal under state law.
Is delta-10 THC legal in Louisiana?
Yes. Like delta-8, delta-10, THC-O, and other hemp-derived delta-9 THC isomers are legal in Louisiana. This means the use, possession, sale, distribution, and production of delta-10 is permitted and allowed under state law.
Related: Is delta-10 THC stronger than delta-8?
Where can you purchase delta-10 THC products in Louisiana?
You can purchase delta-10 products online and in physical retail stores all across Louisiana. However, since delta-10 products are relatively new in the market, the selection might be limited. As always, we recommend purchasing from online vendors.
Is CBD legal in Louisiana?
Yes. Cannabidiol (CBD) is legal in Louisiana, provided it’s extracted from Farm Bill compliant hemp plants carrying no more than 0.3% THC by dry weight. This means the use, possession, sale, distribution, and production of CBD products are permitted under state law, which coincides with federal law.
However, there are restrictions on the CBD products you can purchase. The Louisiana Depart of Health prohibits CBD in foods, non-alcoholic drinks, and alcoholic beverages. It also doesn’t permit the use of inhalable CBD products either, including CBD hemp flower and CBD vape juice. CBD oils, capsules, softgels, and topicals are allowed.
Related: What’s the difference between delta-8 THC and CBD?
Upcoming legislation in Louisiana that could change delta-8’s legality?
There is currently no upcoming legislation that could change delta-8’s legality in Louisiana. As it stands, it’s legal to use, possess, sell, distribute, manufacture, and produce hemp-derived delta-8 products within the state.
Closing thoughts: The future for delta-8 THC in Louisiana
Thankfully, delta-8 THC remains legal and available to use in Louisiana under state law. Whether this changes or not later on down the line is anyone’s guess.
Currently, there’s a lot of debate surrounding the federal legality of delta-8 THC across the United States. 18 US states restrict or ban delta-8 in some capacity under increasing pressure from state and federal agencies regarding its safety in products.
Will state lawmakers follow the 18 other US states restricting or banning delta-8 products? Will it become tightly regulated? Will the federal government deem delta-8 illegal across the entire country? These questions will soon be answered. However, for now, you can enjoy delta-8 in Louisiana for the time being.
