In recent years, the pressure to legalize cannabis has been a hot topic. Across the country, Americans have been pushing for progressive cannabis laws, and in most states, legislators have responded by passing legislation that legalizes cannabis use to varying degrees. Medical or recreational marijuana is legal in all states, excluding Wyoming, Kansas, South Carolina, and Idaho, according to DISA. In response to the rise of legalization, a new cannabis product, cannabidiol (CBD) oil, has emerged on the market. Federal law, particularly the 2018 Farm Bill, has significantly influenced the legality of CBD products by redefining the legality of hemp plants and their derivatives.
If you live in a state where CBD is legal, you’ve probably noticed CBD wellness products in unexpected places. Coffee shops sell CBD lattes and beauty stores boast the benefits of their CBD skin care products. In 2019, Louisiana passed legislation that clearly defines a legal framework for CBD products. While the legislation legalized hemp-derived CBD oil and a range of other CBD products, there are a number of restrictions to be wary of. The CBD legal landscape in Louisiana can be confusing due to these restrictions. If you are unaware of specific CBD restrictions, you could unknowingly be in illegal possession of CBD products and potentially face severe consequences.
What is CBD Oil?
Despite CBD’s popularity, there remains a lot of confusion on what CBD is and how it differs from THC. CBD is a chemical compound that can be extracted from the hemp plant or marijuana plants. However, in a number of states, marijuana-derived CBD is illegal.
Most of the CBD products on the market are extracted from hemp. Hemp plants produce over 400 chemical compounds; approximately 60 of them fall under the umbrella of cannabinoids. When ingested or applied topically, the cannabinoids in CBD products interact with the natural cannabinoids found in your body’s endocannabinoid system. The resulting chemical interactions produce a range of physical effects.
The 2018 Farm Bill legalized hemp-derived CBD with low THC concentrations at the federal level, but state laws vary. In Louisiana, the cbd oil legal status can be complex, with specific regulations for purchasing and possessing CBD oil.
THC is responsible for producing the psychoactive effects commonly associated with marijuana, whereas CBD is thought to hold most of the plant’s therapeutic, medicinal effects. Researchers have found a number of CBD-related health benefits, including anti-anxiety and anti-inflammatory properties. For this reason, CBD attracts a broad scope of consumers. Anyone struggling with mental health issues or arthritis might use CBD products to treat their condition.
History of Hemp in Louisiana
Louisiana has a rich history with hemp dating back to the 18th century. The state was once a major hub for the hemp industry, with New Orleans serving as a key port for the importation of hemp products.
The city’s connection to the hemp industry was largely driven by the demand for rope, twine, and bagging for the cotton industry. However, with the rise of the jazz-age marijuana industry in the 1930s, Louisiana’s laws surrounding hemp and marijuana began to shift. The state’s connection to marijuana led to racist anti-marijuana laws, which ultimately contributed to the decline of the hemp industry in Louisiana.
What to Know About Louisiana CBD Laws
In early 2019, the Louisiana Board of Pharmacy and the Louisiana Office of Alcohol and Tobacco Control (ATC) began to notify businesses selling CBD products that their products were illegal. The agencies claimed that selling CBD products was illegal because there were no state laws distinguishing hemp-derived CBD from marijuana-derived CBD.
In response, Governor John Edwards signed House Bill 491, which provides a guideline for legal and illegal use of CBD in Louisiana. House Bill 491 specifies what constitutes a legal CBD product and outlines a number of regulations related to CBD labeling, production, and retail use, forming the basis of Louisiana CBD laws. The most important specifications outlined in House Bill 491 include:
- Hemp plants with less than 0.3 percent THC are legal in Louisiana
- CBD products derived from legal hemp plants are also legal
- To sell any hemp-derived CBD product, you must obtain a license from the Louisiana ATC
- All CBD products must have appropriate labeling showing that they have been tested for legal levels of THC
To sell CBD products in Louisiana, businesses must obtain specific licenses and certifications, such as a certificate of analysis (COA), to ensure compliance with state laws governing the sale and distribution of these products.
CBD Products in Louisiana
CBD products are widely available in Louisiana, offering a range of options for consumers. From CBD oil and tinctures to edibles and topicals, there are many different types of CBD products on the market. However, it’s essential to note that not all CBD products are created equal.
When purchasing CBD products in Louisiana, it’s crucial to look for products that are registered with the Louisiana Department of Health and contain less than 0.3% THC. This ensures that the product is compliant with state laws and regulations, providing peace of mind for consumers seeking the therapeutic benefits of CBD.
CBD Market Trends in Louisiana
The CBD market in Louisiana is growing rapidly, with more and more consumers turning to CBD products for their potential health benefits. One of the most significant trends in the Louisiana CBD market is the increasing demand for high-quality, locally sourced CBD products.
Consumers are becoming more educated about the importance of sourcing CBD from reputable suppliers, and many are seeking out products that are made from industrial hemp grown in Louisiana.
Another trend in the Louisiana CBD market is the rise of CBD-infused products, such as edibles and beverages. However, it’s essential to note that these products are still subject to state laws and regulations, and consumers should be cautious when purchasing CBD-infused products.
Illegal Possession of Cannabis Products in Louisiana
It is very important to distinguish legal and illegal possession of cannabis oils. Although a lot of progress has been made in cannabis legislation, illegal possession of cannabis products is a serious offense. In Louisiana, any CBD or THC oil derived from the marijuana plant is illegal. Additionally, to process industrial hemp, one must obtain a license from the Department of Agriculture and Forestry to comply with state laws.
Hemp-derived products, such as CBD, Delta-8, and Delta-9, have specific regulations surrounding their possession and sale in Louisiana. Understanding these regulations is crucial to avoid legal issues.
Many states, including Louisiana, classify THC as a Schedule 1 drug. If you are caught in possession of products with an illegal percentage of THC, you could be at risk for penalties, fines, and incarceration.
Contact a Louisiana Medical Marijuana Defense Attorney
If you’ve been arrested for possession of products containing an illegal percentage of THC, you should contact an attorney as soon as possible. At John D. & Eric G. Johnson Law Firm, we have the expertise and experience to best represent your case in court.
Attorney Eric Johnson knows how to devise a winning defense strategy. With over 25 years of experience, he is a problem solver who is committed to thoroughly investigating your case. To schedule a free consultation, call (318) 377-1555 or complete our online contact form.