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Delta-8 THC in Louisiana - Is It Legal?

When you think of Louisiana, you think of Mardi Gras, the Saints, amazing Cajun cuisine, and hurricanes. There is nobody who loves their state or city more than New Orleans. Louisiana has gone through some hard times, but they always get back on their feet. The federal government and the state of Louisiana both agreed that Delta-8’s legality in Louisiana will follow those of the 2018 Farm Bill. All cannabinoids, terpenes, flavonoids, isomers, derivatives, and salts found in hemp plants are considered legal under the federal Agricultural Improvement Act (2018 Farm Bill) that was passed during the Trump presidency and is in accordance with Louisiana state law. Related article: What is Delta 8 THC?

Is Delta 8 THC Legal in Louisiana?

Yes, Delta 8 THC is legal in Louisiana. As of Louisiana House Bill 491 in 2019, products containing delta-8 THC are allowed under Louisiana state law. With the passage of this legislation, hemp and Delta-8 derived from hemp are open to unlimited use, ownership, distribution, sale, procurement, and production. In a similar vein to Delta 8 THC in Texas, Louisiana's hemp regulations have also been kinder.

Cannabis Policy in Louisiana

A law signed by Governor John Bel Edwards went into effect on August 1st and allows any patient to use medical marijuana if their doctors deem it necessary to treat any severe conditions. A statute providing any legal protections for doctors who recommend medical marijuana to their patients was also signed into law. It protects banks and credit units that provide services to cannabis enterprises from being punished by any state regulators.

Delta 8 THC laws in Louisiana

After the federal Farm Bill's passage in 2018, the Louisiana legislature changed its laws to unequivocally state that hemp, CBD, and all of its derivatives are legal in the state. Louisiana law describes hemp as Cannabis sativa and all of its "extracts, cannabinoids, isomers, acids, salts, and other derivatives," just like federal law does. Furthermore, a special exclusion for hemp was included in the state's revised Controlled Substances Act. It is legal in the state when Delta-8-THC is produced using hemp that is grown legally and contains less than 0.3% Delta 9 THC. In reality, Louisiana has made it clear that they want to restrict, not outright prohibit, the sale of Delta-8 goods, in contrast to other jurisdictions that are taking stricter measures. The state's "usable hemp products" are what will be made legal and regulated under a new law that was passed in August 2021. It additionally "includes the inclusion of foods that contain CBD and delta 8 THC products," the state wrote in an email, in addition to ingestible and topical hemp products.

Is Delta-8 a Controlled Substance in Louisiana?

The Controlled Substances Act of Louisiana was simply amended to add the wording "except for tetrahydrocannabinols in hemp" after the word "tetrahydrocannabinol," where it is categorized as a Schedule I substance. With this amendment, hemp-derived THC was specifically removed from Louisiana's list of prohibited substances. This means that as long as the Delta-8-THC is produced from industrial hemp, it is not a controlled substance in Louisiana.

Louisiana's Possession Limits for Delta 8 THC

Tetrahydrocannabinol produced from hemp are specifically referred to as "hemp products" in Louisiana, and possessing them is not subject to any set regulations. But, without the right paperwork and lab testing, authorities can mistake Delta-8 for Delta-9 THC. Basic lab testing only detects tetrahydrocannabinol, thus more thorough lab testing is required to distinguish between Delta-8 content and Delta-9 content when demonstrating lawful possession.

Is Cannabis (Delta 9 THC) Legal in Louisiana?

In 2016, Louisiana passed SB 271, a statute that finally made the state's medicinal cannabis regulations clear. According to this proposal, a small number of qualifying ailments would determine whether doctors could suggest cannabis to a patient, and those patients would be able to obtain it from state-licensed dispensaries. Later, to increase the availability of medical delta-9-THC cannabis in the state, the state updated and increased the list of qualifying conditions. The state continues to forbid marijuana use for recreational purposes. A $500 fine and/or up to six months in jail are the penalties for first-time illegal possession of any amount up to 60 pounds; for a second offense, the sentence is increased to up to 20 years in prison.

Delta-8's legislative history in Louisiana

The Agriculture Improvement Act (Farm Bill), passed by the federal government in 2018, made hemp and goods made from it legal in the US. Louisiana passed House Bill 491 in 2019, a significant piece of legislation that legalizes hemp and goods made from it in accordance with the Farm Bill. Additionally, the bill removed hemp and all of its derivatives from the list of illegal substances.

Does Louisiana allow the use of Medical Marijuana?

Yes. Since 1991, medical marijuana has been legal in Louisiana under Act No. 874, which was passed during the state's legislative session. Only glaucoma, quadriplegia, and cancer qualified as qualifying conditions. Since then, the medical marijuana program in Louisiana has considerably expanded. State legislators established three key medical cannabis regulations during the coronavirus epidemic, all of which are pertinent to the state's medical marijuana program and beyond. Healthcare professionals and financial institutions were safeguarded by House Bill 211, while hospitals were safeguarded by House Bill 418. The most significant piece of legislation, House Bill 819, effectively eliminates the list of qualifying diseases by allowing medical professionals to prescribe medical marijuana to anyone with any chronic or incapacitating condition. After Governor John Bel Edwards approved House Bill 391, the Louisiana medical marijuana industry was allowed to sell dried, smokable cannabis flower starting in 2021. The law will come into force on January 1st, 2022.

In Louisiana, is marijuana legal for recreational use? 

No, using marijuana recreationally is illegal under Louisiana state law. Governor John Bel Edwards, however, approved House Bill 652, a significant law that decriminalizes the simple possession of marijuana in small amounts, in the middle of 2021. There is now only a $100 fine for having 14 grams or less in your possession (instead of the previous $300, $500, or six-month jail sentence, depending on the circumstance). Offenders caught with this quantity for the first time or again face no jail time. Having more than 14 grams of marijuana in your possession has stringent consequences, which can vary from heavy fines to protracted jail terms, depending on the amount and your intentions.

Buying Delta-8 in Louisiana

You can buy Delta-8 items both online and offline because hemp-derived delta-8 is permitted in Louisiana. However, we always advise customers to shop online from trustworthy, open-book delta-8 brands that put their goods through independent testing. Avoid purchasing delta-8 items from gas stations and convenience stores if you intend to purchase them in person because they are frequently hazardous, contaminated, and most likely made in unsanitary labs.

Upcoming Legislation in Louisiana that Could Change Delta-8’s Legality

There isn't any legislation on the books right now that might make Delta-8 illegal in Louisiana. Hemp-based Delta-8 products can now be used, owned, sold, distributed, manufactured, and produced in the state.

Do I Need a Medical Card in Louisiana to Order Delta 8 THC?

No, neither a medical marijuana card nor a prescription from your doctor is required to purchase Delta 8 THC products in Louisiana. Again, federal and state hemp regulations protect Delta 8 THC generated from hemp, making it accessible even without a medical marijuana card or doctor's approval.

Where Can I Get The Best Delta 8 Products Online?

Delta 8’s legality in Louisiana is considered legal, so buying D8 products shouldn't be a problem. If you want a Delta 8 product with options, visiting ATLRx would be the best choice. We are among the most reliable suppliers of goods containing Delta 8 THC. The majority of the goods will be made using Delta 8 distillate, which can be found in Delta 8 flower and Delta 8 moon rocks. Delta 8 shatter is also available for those who prefer dabbing. Purchase some Delta 8 pre-rolls if you don't feel like rolling your own joints. Try our Delta 8 capsules or our enormously well-liked Delta 8 gummies if you're not a joint smoker. The best American growers' premium hemp, which has passed independent laboratory testing, is used to create all of the products. Visit our website to learn more about our high-quality hemp-derived products.