Is CBD Oil Legal In Louisiana

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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. According to the Louisiana Department of Health, hemp-derived CBD products intended for oral consumption or inhalation are prohibited in the state.

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)

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

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
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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

    Is CBD Legal in Louisiana? – August 2022

    The farming, processing, and handling of industrial hemp and industrial hemp-derived products, such as CBD oil, are legal in Louisiana since 2019 (6) .

    Following the federal government, the state also differentiated industrial hemp from marijuana under House Bill 491 (7) .

    Cannabidiol (CBD) is a phytocannabinoid from industrial hemp and marijuana . Phytocannabinoids are naturally occurring cannabinoids or compounds in cannabis plants.

    The 2018 United States (US) Farm Bill removed hemp and its derivatives from the definition of marijuana under the Controlled Substances Act (8) .

    The bill legalizes the growth, harvest, storage, and transport of industrial hemp-derived products, and the distribution and retail of CBD products within the 50 states.

    The Farm Bill defines industrial hemp as cannabis plants containing 0.3% or less tetrahydrocannabinol ( THC ). Any cannabis plant or product with more than 0.3% THC content is considered marijuana.

    The Drug Enforcement Administration (DEA) has only removed FDA-approved CBD drugs (less than 0.1% THC) from the list of the Controlled Substances Act (9) .

    According to the DEA, CBD products that contain more than the legal THC limit (0.3%) are considered Schedule I controlled substances.

    The US Food and Drug Administration (FDA) also imposed federal guidelines and regulations regarding CBD and hemp-based products.

    According to the FDA, CBD companies are prohibited from marketing their products as pharmaceutical drugs or dietary supplements (10) .

    Also, CBD is not an approved food ingredient or additive. Thus, manufacturers are not permitted to add CBD to food or beverage products.

    Despite hemp-derived products’ legalization , not all CBD oil products are excluded from the controlled substance list.

    Currently, laws and regulations are still being developed for the CBD industry . Each state has imposed legislatures mandating how CBD may be manufactured and sold.

    For instance, Louisiana laws still prohibit the sale of inhalable or smokable hemp and CBD products, CBD-infused alcoholic drinks, and any food or beverages with CBD additives (11) .

    Louisiana CBD Laws

    In 2018, the Louisiana Board of Pharmacy declared CBD possession as unlawful. The board, which has a medical marijuana program , classified CBD oil as a cannabis plant -derivative due to the compound being found in marijuana plants (12) .

    After the passage of the 2018 Farm Bill, Louisiana also passed a law to address the legality of industrial hemp and CBD products in the state.

    House Bill 491 or Act 164

    Lawmakers presented the state government with House Bill 491 , proposing the legalization , cultivation , and sale of hemp -derivatives (13) .

    In June 2019, aligning the state policies with the federal law ’s hemp legislation , Gov. John Bel Edwards signed the bill into Act 164 (14) .

    The Louisiana Board of Pharmacy later rescinded their previous statement (15) .

    The Louisiana Hemp Law or Act 164 addressed the discrepancy between hemp and medical marijuana products. The act established that CBD products must be derived from state-approved industrial hemp plants .

    Thus, hemp oil and CBD oil products not exceeding the 0.3% THC limit may be legally sold and consumed in the state.

    According to the Louisiana Office of Alcohol and Tobacco Control ( ATC ), the state law has aligned with the FDA ’s prohibition of CBD products being marketed as drugs or dietary supplements (16) .

    Therefore, prescribing CBD products to patients is illegal in the state.

    Act 164 does not specify a limit on how much hemp-derived or CBD products people may legally possess in Louisiana.

    The legislation also prohibits the retail of the following (17) :

    • Food and beverages infused with CBD
    • Alcoholic drinks with CBD
    • CBD products advertised as dietary supplements
    • Inhalable or smokable hemp and CBD products

    Therefore, CBD vape pens, CBD vape oils, CBD gummies, and CBD-infused drinks cannot be legally sold and consumed in the state (18) .

    House Bill 819 or Act 286

    House Bill 819, which was signed as Act 286 and went into effect in August 2020, expands Louisiana’s medical cannabis law.

    Under the legislation, doctors may recommend medical cannabis to patients with debilitating medical conditions.

    Aside from qualifying conditions, such as Parkinson’s disease and Alzheimer’s disease, Act 286 also allows physicians to recommend medical marijuana for other health issues they may consider debilitating for the patient (19) .

    CBD Licensing Requirements

    Retailers selling hemp products , including CBD, must obtain a license from the Louisiana Office of Alcohol and Tobacco Control ( ATC ) (20) . They should also register their physical place of business.

    Even o nline CBD retailers must secure an ATC license and have a registered physical place of business in the state.

    Once necessary permits have been issued, CBD retailers or dealers may sell CBD products in Louisiana under the following conditions (21) :

    • Licensed CBD dealers may only sell CBD products derived from industrial hemp approved by the United States Department of Agriculture .
    • The CBD product’s THC content must not exceed 0.3% in dry weight.
    • CBD products intended for inhalation are prohibited from being sold in the state.
    • Dealers are prohibited from selling CBD-infused food and beverage products.
    • CBD product labeling must not contain any medical claims (unless approved by the FDA ).
    • CBD products marketed as dietary supplement s are prohibited in the state.
    • Retailers may only sell CBD brands that are registered with the Louisiana Department of Health .

    Testing Requirements

    The Louisiana Department of Health (LDH) mentioned that CBD manufacturers are required to provide a certificate of analysis (COA) for each product batch (22) . CBD brands that fail to comply may be refused a license to sell in the state.

    The COA is a third-party laboratory test result that indicates the potency of the concentration of cannabinoids in CBD oil products . The COA also determines if the products are free from heavy metals, herbicides, pesticides, and other harmful substances.

    According to the LDH, the COAs must come from laboratories with ISO/IEC 17025 certification given by the International Standardization Organization (ISO) (23) .

    The ISO is an independent body that sets international standards in various fields, ranging from technology and manufacturing to food safety and healthcare . These standards serve as guides for safety, reliability, and increased productivity.

    The LDH regulations also require CBD manufacturers to include a quick response (QR) code, barcode, or website URL on the label.

    Buying CBD Legally

    When buying CBD oils in Louisiana , individuals are advised to choose from brands registered with the Louisiana Department of Health .

    These brands have been tested and closely examined by local regulations.

    Extra precautions, such as checking the product’s third-party lab result, may help provide consumers with peace of mind.

    The lab result must indicate that the product concentration is consistent with the label information and free from harmful chemicals.

    Under state laws, only individuals 18 years or older may purchase CBD products without special permission (24) .

    Registered CBD retailers may require a state-issued identification from customers as proof that these individuals are not minors (25) .

    Prescriptions are not needed to buy either CBD products or medical marijuana in the state.

    Doctors may only recommend, not prescribe, medical marijuana for debilitating medical diseases, such as Alzheimer’s disease, traumatic brain injury, and chronic pain due to fibromyalgia (26) .

    Prescriptions are only necessary for FDA-approved medications. As of November 2020, the agency has only approved one CBD-based drug in the US.

    A pharmaceutical drug geared towards FDA approval has to undergo several pre-clinical and controlled clinical trials.

    For example, Epidiolex, an epilepsy drug composed of CBD , underwent several clinical studies before it was approved by the FDA.

    During Epidiolex’s clinical trials, the drug was tested for its efficacy, side effect s , and possible drug interactions.

    After evaluating the studies’ results, the FDA approved Epidiolex use on children with rare forms of epilepsy (27) .

    How to Choose Which CBD Products to Buy

    Before buying CBD oil in Louisiana, consumers must consider what types and forms of CBD oil products are allowed in the state.

    In Louisiana , CBD oil products may only come in the form of tinctures , oil, lotions , salves, balms, bath bombs, and single-use syringes (28) .

    Products intended for oral consumption or inhalation are prohibited in the state. Moreover, LDH does not issue registrations for CBD products in capsules, tablets, transdermal patches, or other forms associated with pharmaceuticals.

    Individuals must be cautious when buying CBD products. A product’s third-party laboratory result determines if the product contains more than the legal amount of THC.

    CBD products without third-party lab results are not recommended for purchase.

    Note that CBD products with over 0.3% THC in a single unit are considered marijuana and Schedule I controlled substances.

    Additionally, CBD buyers may check the CBD company’s status o n the Better Business Bureau (BBB) website .

    Rating systems from organizations, such as the BBB, allow customers to provide feedback and review a company’s products and services.

    Moreover, BBB ratings allow customers to know which companies conduct ethical business practices (29) .

    Individuals may also opt for CBD products from brands that are accredited by the US Hemp Authority. Some of these brands, like Charlotte’s Web and Straight Hemp, are available through third-party retailers in the state.

    The US Hemp Authority Program is a third-party initiative that inspects CBD products’ quality and safety (30) .

    Where to Buy the Best CBD Products Legally

    When buying CBD in Louisiana , individuals may refer to the Louisiana Department of Alcohol and Tobacco Control (31) .

    The CBD licensee list , published on February 18, 2020, consists of registered brands and dispensaries in major Louisiana cities, such as New Orleans , Lafayette , and Baton Rouge .

    These licensed retailers and dispensaries include:

    • Crescent City Apothecary in New Orleans, LA
    • Hippie Town in Lafayette, LA
    • Magnolia CBD Oils LLC in Baton Rouge, LA

    CBD users in Louisiana may refer to the ATC ’s official website for the latest CBD licensee list.

    Individuals buying CBD online may also refer to the list. State laws require online stores to also register with the ATC .

    Trustworthy online retailers ensure that all pertinent product information, such as the CBD potency, THC content, and lab test results, are clearly indicated or linked to on the product page.

    Additionally, consumers may refer to the BBB website and other review sites to find highly-rated CBD retailers in the state.

    Some Louisiana-based CBD retailers with good BBB ratings are Aurora CBD and Hemp in Houma, LA, and Southern Tropics, LLC in Hammond, LA.

    Understanding CBD

    What Is CBD Oil?

    Cannabidiol (CBD) is a phytocannabinoid primarily found in hemp plants. Phytocannabinoids are cannabinoids or compounds naturally produced by cannabis plants.

    Aside from CBD, other phytocannabinoids found in hemp include THC , cannabigerol (CBG), cannabichromene (CBC), and cannabinol (CBN).

    Manufacturers subject harvested industrial hemp to an extraction process that separates the cannabinoids from the rest of the plant’s elements.

    The compounds are then suspended in carrier oils to create CBD tinctures , encapsulated into a pill, or infused into topical creams and balms.

    There are three main classifications of CBD oil products in the market :

    Full-spectrum CBD oil contains all the cannabinoids , terpenes, flavonoids, and minerals found in hemp plants . Consumed together, these components pro duce the “entourage effect . ”

    The phenomenon has led several CBD users to believe that the supposed benefits of cannabinoids and other cannabis components are greater when consumed together.

    Broad-spectrum CBD oil may contain CBD and other cannabinoids except for THC . This type of CBD products is usually preferred by individuals who cannot tolerate THC in their system.

    CBD isolate s are created with pure CBD and do not contain other cannabinoids and phytocompounds .

    Experienced users advocate the use of CBD oil to help promote wellness .

    Does CBD Oil Have Benefits?

    A study posted by Antioxidants mentioned that CBD has many potential pharmacological effects, such as anti-inflammatory, sleep-promoting, anticonvulsant, antipsychotic, and anti-anxiety properties (32) .

    The Neurotherapeutics journal published a review that highlighted CBD’ s promise in alleviating anxiety-related conditions, such as panic disorder (PD), obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and social anxiety disorder (SAD) (33) .

    The authors of the review mentioned that CBD has a broad pharmacological profile, such as influencing receptors that regulated fear and anxiety behaviors.

    Studies have shown that the receptors that make up the endocannabinoid system (ECS) may be positively affected by CBD and other cannabinoids (34) .

    The ECS is a signaling system that influences the human body’s organs and daily internal processes, including pain management and anxiety (35) .

    A review from Molecules explained that CBD’s anticonvulsant properties may have the same efficacy as anti-epileptic drugs (AEDs). The authors indicated that CBD is generally safe and effective when combined with some AEDs (36) .

    Individuals should consult with a licensed physician before taking CBD or administering CBD to children or pets.

    What Are the Risks When Consuming CBD?

    Research showed that consuming CBD may cause side effects, such as diarrhea, tiredness, dry mouth, and changes in appetite and weight (37) .

    Furthermore, a 2019 study shared by Molecules demonstrated how high CBD doses could increase liver injury risk (38) .

    During the study, scientists administered 246 milligrams per kilogram (mg/kg) to 2,460 mg/kg of CBD to rat models. The study’s purpose was to evaluate how extremely high CBD dosages may affect rats and humans.

    After observing increased bilirubin and liver to weight ratio in rats, the scientists noted that high CBD doses may cause hepatotoxicity (liver injury) (39) .

    Bilirubin is a yellowish waste product that passes through the liver. Excessively high bilirubin levels may be a sign of liver problems.

    Conclusion

    CBD regulations are still being developed in the United States .

    In Louisiana , the state government has imposed policies controlling how CBD products are distributed and sold.

    The Louisiana Department of Health and the Louisiana Office of Alcohol and Tobacco Control are closely monitoring and executing these guidelines to protect constituents from purchasing low-quality CBD products .

    Still, CBD buyers must remain vigilant when shopping for high-quality CBD oil . Individuals must always check if the CBD brand is registered with the LDH and the retailer has updated permits from the ATC .

    A CBD product must also have an updated COA to ensure its consumption safety .

    For more information on CBD’s legality in all 50 US states, click here.

    *The information shared in this article was based on findings retrieved on November 5, 2020. The legal status and regulations for CBD may change without notice.

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